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Features

Data Breach Lawsuit Highlights the Need for Diligence when Purchasing Cyberinsurance Image

Data Breach Lawsuit Highlights the Need for Diligence when Purchasing Cyberinsurance

Collin J. Hite

Well-known restaurant chain, P.F. Chang's China Bistro, recently sustained a significant hit to its cyberinsurance coverage. The federal court's opinion in the case serves as a lesson to policyholders regarding cyberinsurance in a rapidly evolving market. Due diligence is the name of the game when placing such insurance in order to understand the scope of coverage.

Features

Practical Approaches to the EU-US Privacy Shield Image

Practical Approaches to the EU-US Privacy Shield

Dan Panitz & H. Bruce Gordon

This article discusses the corporate impact of the EU-US Privacy Shield and practical approaches to managing global corporate data in the wake of <i>Schrems</i>.

Features

In Light of Recent FTC Actions, Review Your Privacy Policy Image

In Light of Recent FTC Actions, Review Your Privacy Policy

Devika Kornbacher, Scott Breedlove, Janice Ta & Aislinn Affinito

The United States does not have comprehensive legislation addressing the privacy implications of the collection and use of geolocation data. However, the Federal Trade Commission (FTC) has used its enforcement authority under Section 5 of the FTC Act to regulate companies engaged in unfair or deceptive practices involving geolocation data.

Features

WhatsApp, Encryption and the Battle with Law Enforcement Image

WhatsApp, Encryption and the Battle with Law Enforcement

Domingo Montanaro

It is widely accepted that much of today's communications are digital — and as a result, the encryption of data, the privacy laws governing that data, and the role that governments play when national security and law enforcement issues are at stake is a very hot topic.

Features

What Lawyers Can Learn from Uber, Redux Image

What Lawyers Can Learn from Uber, Redux

Dan Lear

Lawyers need to know what the client wants and how to get them there before the process starts. Just like a driver who doesn't know exactly where he's taking his riders, a lawyer who isn't totally sure what a client wants — let alone how to get them there efficiently and effectively — is likely to end up with a client who is disgruntled.

Features

The Human Factor In Information Security Image

The Human Factor In Information Security

Michael Kemps & Kimberly Pease

No one can deny that cyberattacks are the new norm. Such risks will increasingly challenge our ability to operate our businesses. In the world of cybercrime, everyone — from individuals to nation-states — is a target. However, some targets are more alluring than others.

Features

What Lawyers Can Learn from Uber, Redux Image

What Lawyers Can Learn from Uber, Redux

ljnstaff

Lawyers need to know what the client wants and how to get them there before the process starts. Just like a driver who doesn't know exactly where he's taking his riders, a lawyer who isn't totally sure what a client wants — let alone how to get them there efficiently and effectively — is likely to end up with a client who is disgruntled.

Features

The Human Factor In Information Security Image

The Human Factor In Information Security

Michael Kemps & Kimberly Pease

No one can deny that cyberattacks are the new norm. Such risks will increasingly challenge our ability to operate our businesses. In the world of cybercrime, everyone — from individuals to nation-states — is a target. However, some targets are more alluring than others.

Features

<b><i>Online Extra</b></i><br>Chinese Nationals Charged With Hacking Firms to Steal M&A Info Image

<b><i>Online Extra</b></i><br>Chinese Nationals Charged With Hacking Firms to Steal M&A Info

Mark Hamblett

Three Chinese nationals face federal charges for allegedly hacking into two major U.S. law firms in a scheme to trade on information about imminent mergers and acquisitions.

Features

New York Releases Updated Proposed Cybersecurity Regulation Image

New York Releases Updated Proposed Cybersecurity Regulation

Justin Hectus & Julie Taylor

Minimum standards proposed in September have been updated to provide more wiggle room for banks, financial institutions and insurance companies operating in New York.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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