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Data Breach Corporate Counsel Insurance Industry

Pillsbury Winthrop Shaw Pittman LLP

NYDFS Imposes $2M Penalty for Violations of its Cybersecurity Regulation

The New York State Department of Financial Services (NYDFS) announced on August 14, 2025, resolution of civil enforcement action requiring Healthplex, Inc., a licensed insurance agent and independent adjuster, to pay a $2...more

Paul Hastings LLP

You’ve Got Mail: NYDFS Enforcement Action Highlights Cybersecurity Risk of Over-Retention and Other Risks

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On Aug. 14, 2025, the New York Department of Financial Services (NYDFS) issued a Consent Decree announcing that Healthplex, Inc. (Healthplex) has agreed to pay a $2 million fine, as a result of an investigation into a 2021...more

Morris, Manning & Martin, LLP

Navigating AI Risks. Part III: Leveraging Insurance to Mitigate AI Risks

Part III: Leveraging Insurance to Mitigate AI Risks - As boards navigate the complex landscape of AI integration, the risks associated with this powerful technology are multifaceted and evolving. From potential data breaches...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Cybersecurity Insurance: Circuit Courts Weigh in on Insurers’ Liability for an Insured’s Losses Stemming from a Data Breach

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

Alston & Bird

Class Action & MDL Roundup – Fall 2021

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In the fall edition of the Class Action & MDL Roundup, covering notable class actions from the third quarter of 2021, a marriage nearly tears apart a certified class, insurers are vaccinated against more COVID-19 suits, and...more

Zelle  LLP

Cyber Rulings Aren't Helping COVID Biz Interruption Cases

Zelle LLP on

Along with seeking to analogize COVID-19 physical loss or damage to that in the fumes or contaminants context, policyholders are now also attempting to rely on cases discussing the bounds of physical loss or damage in the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2020

In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more

Butler Snow LLP

Failure to prevent a data breach is not likely to be covered by a traditional CGL insurance policy.

Butler Snow LLP on

In this high tech era we live in, creating, storing and using data is commonplace. The sheer quantity and scope of data has made protecting that data of paramount importance. Yet, every day we hear about another data...more

Lowndes

Don’t Expect Commercial General Liability Insurance Policies to Protect Against Cyber Breach or Crime

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Almost a year after Middle District Judge Mary Scriven’s instructive decision in Innovak Int’l, Inc. v. Hanover Ins. Co. in which she declined to hold that a traditional commercial general liability (CGL) policy, as drafted,...more

Blank Rome LLP

CGL Coverage for Cyber Data Breaches: Court Finds No Coverage unless the Policyholder Itself Publishes the Private Information

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As cybersecurity incidents continue to mount and as the issue of data security becomes increasingly important and a source of potential liability, companies should consider whether their standard commercial general liability...more

Carlton Fields

CGL Policies And Data Breaches: No Publication, No Coverage

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As cyber hacking and phishing schemes become more common, one issue that is often raised is whether, and to what extent, damages resulting from these incidents fall within the coverage afforded under a standard commercial...more

Alston & Bird

Class Action Roundup: Summer 2017

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Welcome to our second Roundup of 2017, where we feature the cases litigated and settlements finalized during the second calendar quarter of the year. It was a very active quarter in almost all of the categories we monitor,...more

Nossaman LLP

Two Court Rulings Show Coverage Difficulties for “Fake President” Fraud

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A few weeks back, the Insurance Recovery report posted a blog about the difficulty obtaining insurance coverage for “fake president” fraud, which is also known as business e-mail compromise, or social engineering fraud. Two...more

Nossaman LLP

The Remedy for the New Cyber Threat Posing Major Coverage Problems: “Fake President” E-mails

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In the last few weeks, we have seen yet another widespread ransomware attack that hit nearly one hundred companies around the world. It reminded me of a recent request from a client, made just after news broke of the...more

Orrick, Herrington & Sutcliffe LLP

Does Your Insurance Cover Phishing Attacks and Business Email Compromise? The Uncertainty Continues…

The coverage landscape for “Business E-mail Compromise” (BEC) scams remains somewhat tenuous, as organizations and carriers continue to battle in court over the extent of coverage. Although recent positive,...more

Robinson+Cole Data Privacy + Security Insider

Sixth Circuit: Substantial Risk of Harm and Mitigation Costs Sufficient to Confer Standing in Data Breach Case

On October 12, 2016, the U.S. Court of Appeals for the Sixth Circuit denied a petition for an en banc rehearing of its September 12 decision in Galaria, et al. v. Nationwide Mutual Insurance Company (Nos. 15-3386/3387). In...more

Orrick, Herrington & Sutcliffe LLP

Data Breach Standing Goes Nationwide; Sixth Circuit Says Plaintiffs Have Standing to Sue

The Sixth Circuit joined the growing trend of appellate courts holding that plaintiffs had demonstrated standing for data breach class actions in Galaria et al. v. Nationwide Mutual Insurance Company. In a recent order, the...more

Fenwick & West LLP

Litigation Alert: The Sixth Circuit Recognizes Article III Standing in Data Breach Case Despite Absence of Identity Theft...

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Last week, the Sixth Circuit held that allegations that personal information was stolen following a data breach was sufficient to confer Article III standing to sue to the affected individuals, even in the absence of...more

Carlton Fields

New York Appellate Court Finds “Electronic Data” Exclusion Applies to Data Breach

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The computer network of a Five Guys Burger franchise, RVST Holdings, LLC (RVST), was hacked. Customers’ credit card information was stolen and used to make numerous fraudulent charges. Trustco Bank brought an action against...more

McGuireWoods LLP

Arizona Court Rules That Chubb Cyber Policy Does Not Cover Credit Card Theft Losses

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As cyber attacks increase at an unprecedented pace, more and more businesses are purchasing cyber insurance to protect against that risk. The insurance industry now faces an avalanche of claims, and those claims now are...more

Ballard Spahr LLP

Class Certification Improper in Data Breach Case, PA Appellate Court Finds

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The Pennsylvania Superior Court has affirmed a trial court's decision denying class certification in a data breach case against two health plans, reversing its own earlier ruling in the same case that the plaintiff did not...more

BakerHostetler

When a Published Data Breach is a Covered Data Breach

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Can an inadvertent Internet posting of a patient’s medical information trigger insurance coverage for liability stemming from a data-breach class action? The Fourth Circuit held last week that it can, and it added to the...more

K&L Gates LLP

Five Tips for Success in Cyber Insurance Litigation

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Many insurance coverage disputes can be, should be, and are settled without the need for litigation and its attendant costs and distractions. However, some disputes cannot be settled, and organizations are compelled to resort...more

Carlton Fields

Cybersecurity Coverage Litigation: Learning to Survive After the Second Wave Hits

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It’s a familiar pattern. First, new risks inspire legislation and regulations that impose new penalties. Next, insurers and policyholders fight over whether the new liabilities are covered under traditional liability...more

BakerHostetler

A Deeper Dive: Regulatory Investigations Following a Reported Breach

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In our inaugural Data Security Incident Response Report (the Report), we found that regulators inquired about a company’s breach 31% of the time and multi-state state Attorneys General investigations were launched less than...more

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