As we previously reported, beginning last Friday, and still occurring today, one of the worst and most widespread malware attacks has impacted more than 200,000 victims in at least 150 countries. The attack is a reminder of the importance of cyber insurance coverage. Businesses affected by these types of attacks can incur significant loss, including for the ransom amount, any resulting business interruption, the cost of any lost data, damage to customers and other third parties, along with associated public relation expenses.
Continue Reading If You Don’t “WannaCry” After a Cyber Attack, Review Your Cyber Insurance Coverage

On May 12, 2017, a massive ransomware attack, known as “WannaCry,” began affecting tens of thousands of computer systems in over 100 countries. These types of incidents can have significant legal implications for affected entities and industries for whom data access and continuity is critical. As affected entities work to understand and respond to the threat of ransomware, we address some of the key legal considerations.
Continue Reading Global Ransomware Attacks Raise Key Legal Considerations

On May 2, 2017, the United States Court of Appeals for the Second Circuit issued a summary order affirming dismissal of a putative consumer class action against Michaels Stores, Inc. for lack of Article III standing.
Continue Reading Second Circuit Affirms Dismissal of Putative Data Breach Class Action for Lack of Article III Standing

Recently, Virginia passed an amendment to its data breach notification law that adds state income tax information to the types of data that require notification to the Virginia Office of the Attorney General in the event of unauthorized access and acquisition of such data.
Continue Reading Virginia Adds State Income Tax Provision to Data Breach Notification Law

On March 17, 2017, retailer Neiman Marcus agreed to pay $1.6 million as part of a proposed settlement (the “Settlement”) to a consumer class action lawsuit stemming from a 2013 data breach that allegedly compromised the credit card data of approximately 350,000 customers.
Continue Reading Neiman Marcus Agrees to Settlement in Data Breach Class Action