Bill Proposes Tax Incentives For Data Breach Insurance
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.
J&J Warns Patients of Cybersecurity Risk Involving Insulin Pump
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.
6th Circuit Finds Breach Victims’ Heightened Risk of Harm Establishes Standing
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.
SCOTUS to Hear Case on Indian Tribe Sovereign Immunity
In Lewis v. Clarke, the justices will consider the scope of tribes’ sovereign immunity.
What You Need To Know About Tennessee’s Data Breach Notification Law
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 Result
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.”
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources.