News & Analysis as of August 5, 2025

Breach of Contract

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Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain.

N.M. Cyber Ruling Will Spur Litigation As Coverage Remedy

Zelle LLP on 7/10/2025

A June 16 appellate decision involving the construction of a cyberinsurance policy demonstrates a concerning lack of judicial understanding about the nature and scope of cyber liability coverage and implicitly incentivizes...more

Which Party Loses Out When Settlement Funds Are Wired to a “Spoofer” and Not Plaintiff?

Farella Braun + Martel LLP on 6/9/2025

Answer: the “party in the best position to prevent the fraud.” In the digital age, where cyber-attacks are becoming more sophisticated, all legal professionals should take heed of the recent decision in Thomas v. Corbyn...more

As the Department of Justice Affirms and Advances Its Cyber-Fraud Initiative, Government Contractors Should Take Steps to Ensure...

Ice Miller on 4/15/2025

While some areas of white-collar enforcement have been deprioritized by the Trump Administration, the Department of Justice (DOJ) remains committed to its Civil Cyber-Fraud Initiative as demonstrated by two recent False...more

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

Genova Burns LLC on 9/14/2022

The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

Casino Owner Sues Cybersecurity Services Provider, Alleging Botched Response to Data Breach

King & Spalding on 2/12/2016

On December 24, 2015, Nevada casino owner Affinity Gaming filed suit against Trustwave in federal district court, alleging that Trustwave failed to contain and remediate a data breach at Affinity Gaming. ...more

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