UPDATE: Yahoo Shareholders Sue Over Massive Data Breaches (Law 360 paywall) Verizon and Yahoo have renegotiated their deal in the wake of Yahoo's revelations of its past data breaches. Verizon had agreed to pay $4.8 billion for Yahoo's Internet business in July 2016, but that was before Yahoo disclosed that it had two of the largest data … Continue reading Verizon Requires $350 Million Discount and Yahoo Share in Data Breach Liability — Good Deal?
Officers and directors of companies that have had data breaches have become targets of litigation through shareholder derivative claims since the consumer class-action claims have had a difficult time making it past the causation of harm threshold. Those officers and directors may now sigh in relief, if only briefly, following a November 30, 2016, ruling by the District Court … Continue reading Home Depot Data Breach Shareholder Derivative Suit Against Directors Fails
Below is a post that I wrote in 2011, back when we thought we were in the middle of the "Year of the Data Breach." We weren't -- not even close. Yesterday I read an article referencing the Ford Pinto and the infamous cost-benefit analysis memo that led to the jury sending "the message" to … Continue reading Data Breach Litigation: Who’s Gonna Get It? Will it be Yahoo! (or Verizon)?
Shawn Tuma delivered the presentation Cybersecurity Legal Issues: What you really need to know at a Cybersecurity Summit sponsored by the Tarleton State University School of Criminology, Criminal Justice, and Strategic Studies' Institute for Homeland Security, Cybercrime and International Criminal Justice. The presentation was on September 13, 2016 at the George Bush Institue. The following are the slides … Continue reading Cybersecurity Legal Issues: What you really need to know (slides)
Watch the video for the explanation or see below for the spolier. https://www.youtube.com/watch?v=nMXIw4d9xMk SPOLIER ALERT! In The Travelers Indemnity Company of America v. Portal Healthcare Solutions, L.L.C., No. 14-1994 (4th Cir. Apr. 11, 2016), the Fourth Circuit held that Travelers was required to cover Portal's data breach under its Commercial General Liability (CGL) Policy's Advertising … Continue reading What Does the Travelers Case Really Mean for Cyber Insurance?