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Case Briefs
First Judicial Ruling Says No CGL Coverage for Data Breaches
Policyholder efforts to shoehorn coverage for data breach liability into the personal and advertising liability coverage of Commercial General Liability (CGL) policies have suffered a setback. A New York trial court has held that the theft of information by third-party hackers breaking into a computer system does not qualify as “oral or written publication in any manner of material that violates a person's right of privacy” for purposes of personal and advertising injury coverage (Coverage B) in a CGL policy. Zurich Am. Ins. Co. v. Sony Corp. of Am., 651982/2011 (N.Y. Sup. Ct., N.Y. Cnty. Feb. 21, 2014). Describing the case before it as the only “data breach case of this magnitude” involving CGL policies, the court agreed with insurer arguments concerning the scope and intent of coverage for “oral or written publication in any manner of material that violates a person's right to privacy.” This provision, the court concluded, requires “an act by or some kind of act or conduct by the policyholder in order for coverage to be present.”
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.