On September 14, 2016, U.S. Representative Ed Perlmutter introduced the “Data Breach Insurance Act,” which would incentivize private industry to enhance its cybersecurity posture by providing federal income tax credits.
Johnson & Johnson recently warned its patients in a letter that it has been notified that the OneTouch Ping Insulin Pump System has a cybersecurity issue involving the possibility of a third party gaining unauthorized access to the pump.
The Sixth Circuit has made it easier for victims of a data breach to proceed in court. In a case involving alleged victims of a data breach at Nationwide Mutual Insurance Company, the appellate court ruled that fear of future harm following a data breach is sufficient to establish Article III standing.
In Lewis v. Clarke, the justices will consider the scope of tribes’ sovereign immunity.
On July 1, 2016, important changes to Tennessee’s data breach notification law went into effect, which concerns all employers. Tennessee removed the encryption safe harbor, requires notice for employee data breach incidents, and changes when organizations must send notices to affected individuals. Here’s what you need to know.
Does the Draft Restatement of the Law of Liability Insurance Wrongly Elevate Proof and Overvalue Legal Uncertainty? Yes, Given the Foreseeable Risk Insurers May More Often Decline the Duty to Defend as a ResultJoseph Lavitt
This Commentary will consider how proposed section 13 and associated provisions of the proposed Restatement might influence the decision by insurers to defend their insureds, particularly in instances of so-called “legal uncertainty.”