Tag Archives: insurance

‘Tis the (Insurance Renewal) Season! What Enhanced Consumer Data Protection Laws Mean for Your Business

Key Takeaways:

  • Insurance renewal season is upon us.  Now is the time to make sure your insurance coverages are aligned with your business needs over the coming year.
  • Consumer privacy laws are changing and developing rapidly.
  • Enhanced protections for consumers’ data, particularly biometric and sensitive personal information, have implications for a variety of businesses and industries.
  • Colorado is and will likely continue developing laws that protect consumers’ personal information and may open businesses up to increased exposure to liability.…
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Is Paying Ransomware Grounds for OFAC Sanctions? OFAC Says “Maybe”….

On October 1, 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued an advisory to alert companies that might pay ransomware attackers of the potential sanctions risks for facilitating ransomware payments.  In particular, the alert targeted “financial institutions, cyber insurance firms, and companies involved in digital forensics and incident response….”  While this is an advisory and does not have the force of law,… More

Is Computer Security Broken?

The Economist certainly thinks computer security is broken (and it’s hard to argue the contrary).  In its April 8 edition, The Economist’s cover story proclaims, “Why computers will never be safe.”  While that’s good news for some of us (at least in the short run), for most of us it’s a daunting proposition.  So how to address the problem?  Do we need more regulation, as The Economist suggests? … More

Cybersecurity News and Notes – July 25, 2016

In Case You Missed It: U.S. Major party platforms address cybersecurity.  The two major parties have released their 2016 election platforms, both of which include cybersecurity planks.  The Republican platform’s perspective of cybersecurity is an element of national security and international relations. The platform called for harsh responses to cyber-attacks against American businesses, institutions, and government, applauded the Cybersecurity Information Sharing Act of 2015, and pledged to “explore the possibility of a free market for Cyber-Insurance.” The Democratic platform is largely as a continuation of President Obama’s cybersecurity policies.… More

Cyber Risks and the Boardroom — The Role of Cyber Insurance

am just back from presenting at the New York Stock Exchange’s program on Cyber Risks and the Boardroom, where I presented on The Role of Cyber Insurance.  My presentation is here:  2015_04_21_The_Role_of_Cyber_Insurance_NYSE_Presentation.  It was evident from this program that the C-suite is very concerned about cyber issues, but management and their boards often lack the expertise to deal with them effectively. With specific regard to cyber insurance,… More

Credit Card Replacement Costs and Identity Theft Insurance Are Compensable Damages for Data Breach

Late last week, the U.S. Court of Appeals for the First Circuit ruled that victims of a data breach could pursue compensation from the merchant whose systems were breached for their costs of credit card replacement and identify theft insurance, under theories of breach of implied contract and negligence. See Anderson v. Hannaford Brothers Co., — F.3d —, 2011 WL 5007175 (1st Cir. Oct. 20, 2011).

As alleged by the plaintiffs in their class-action complaint,… More