When a cybersecurity-related incident occurs, an insured should not automatically assume a standard commercial general liability (CGL) policy issued by an insurer will cover their losses, as CGL policies generally afford...more
Takeaway: In many data breach cases, a cybersecurity expert may evaluate whether the company’s security measures were reasonable and appropriate or, alternatively, if the company lacked the requisite technology to detect a...more
9/15/2022
/ COOs ,
Cybersecurity ,
Data Breach ,
Expert Testimony ,
FBI ,
Gross Negligence ,
Information Technology ,
Popular ,
Reliability Standards ,
Risk Assessment ,
Willful Misconduct
Takeaway: The DOJ’s Cyber Fraud Initiative and qui tam actions under the False Claims Act represent signification enforcement mechanisms for cybersecurity contractor compliance.
On the eve of 2022, the United States began...more
8/5/2022
/ Compliance ,
Contractors ,
Cybersecurity ,
Data Breach ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Electronic Protected Health Information (ePHI) ,
False Claims Act (FCA) ,
Federal Contractors ,
Medical Records ,
NIST ,
Popular
Takeaway: To ensure investor safety and emphasize a commitment to user privacy, corporate executives and similarly-situated high ranking officers must not provide any statements or omissions that affirmatively create a...more
6/28/2022
/ Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Harvesting ,
Deceptive Intent ,
Facebook ,
Google ,
Liability ,
Misleading Statements ,
Omissions ,
Popular ,
Rule 10(b) ,
Rule 10b-5 ,
SCOTUS ,
Securities Exchange Act ,
Securities Fraud
Takeaway: In the wake of a data breach, a class of Plaintiffs whose personal and/or financial information is disseminated to third parties all share the same concern – the risk of future harm. But in order for these...more
Takeaway: With the surge of data and cybersecurity breaches, corporate directors and officers have become targets for shareholder derivative lawsuits. Fortunately, there are procedural measures that directors and officers can...more