NAIC Revised Draft Insurance Data Security Model Law Continues to Raise Significant Industry Concerns

By Karen L. Booth, Esq. of Locke Lord LLP The National Association of Insurance Commissioners (NAIC) Cybersecurity (EX) Task Force has received significant industry comments regarding its revised d

Snapchat In The Workplace: Where’s It App?

By Justine Turnbull, Esq. & Shomaice Zowghi, Esq. of Seyfarth Shaw LLP ‘Snapchat is about sharing moments and having fun’ reads the tagline of the mega-app that has the fastest-gro

Failure to Update Business Associate Agreement Leads to Health System’s Settlement with OCR

By Linda Mullany, Esq. of Gordon Rees Scully Mansukhani, LLP A hospital’s breach notification to the Department of Health and Human Services, Office of Civil Rights (“OCR”) led t

DoD Updates Cyber Incident Reporting Rule

By Jason C. Gavejian, Esq. of Jackson Lewis, P.C. On October 4, 2016, a final rule was published in the Federal Register which implements statutory requirements for Department of Defense (DoD) c

Lessons in Cyber-Hygiene: Securing Employee Passwords

By James M. Paulino II Esq. and Meghan A. Collins Esq. of Goldberg Segalla The human element remains a significant threat vector for institutions of all sizes, and management is well advised to tak

What The Hack? The True Cyber Threat May Be Closer Than You Think

By J. Stephen Berry, Esq., Keith Moskowitz, Esq. , Diane D. Carter, Esq. and Samantha Wenger, Esq. of Dentons With the number of cyber-attacks on the rise, companies are increasing their vigilance

Court Rejects Insured’s Attempt To “Shoe-Horn” Trademark Infringement Claims Under Advertising Injury Provisions

By Michael C. Cannata, Esq. and Frank Misiti, Esq. of Rivkin Radler LLP The U.S. District Court for the Central District of California recently rejected efforts by an insured to procure coverage fo

New York Proposes Required Cybersecurity Programs for Financial Institutions

By Richard L. Reiter, Esq. of Wilson Elser In an unprecedented effort to protect New York State’s financial services industry from cyber threats, Governor Andrew M. Cuomo announced a propose

New California Law Takes Aim At Choice of Law Provisions in Employment Agreements

By Michelle Lee Flores, Esq., Jason E. Barsanti, Esq. of Cozen O’Connor Borrowing from the famous tourism marketing tagline of its neighboring state, a new California law effectively tells e

Small Breaches Matter Too: OCR Broadens HIPAA Breach Investigations

By Michael A. Dowell of Hinshaw & Culbertson LLP The Regional Offices of the Department of Health and Human Services Office for Civil Rights (OCR) already investigate every reported Health Insu

Sharing of Passwords Under Certain Circumstances Unlawful

By Jeffrey M. Schlossberg, Esq. of Jackson Lewis P.C. Many companies have experienced the departure of an employee and the elimination of that former employees access to the company’s comput

Three Common Misconceptions About Non Profit Insurance Coverage

By Phil Wightman CEO of SteelBridge Insurance Services When you’re a non-profit organization purchasing insurance coverage, it’s important to understand in detail what you’re r

Frying Pan or Fire? Policyholders Beware the Strange Incentives in “Burning Limits” Liability Insurance Policies

By William G. Passannante, Esq. of Anderson Kill P.C. We buy liability insurance policies to protect against claims, and the average policyholder expects that their insurance company and the defens

The SEC, Corporate Governance, Disclosure and Social Policy: Diversity in the Board Room

By Priya Cherian Huskins of Woodruff-Sawyer & Co. The Securities and Exchange Commission’s mission is to protect investors, maintain fair, orderly and efficient markets, and facilitate c

Wearable Device Data: The Next Big Thing for Employment Litigation Cases

By Karla Grossenbacher. Esq. and Selyn Hong, Esq. of Seyfarth Shaw LLP Wearable device data may be the next big thing in the world of evidence for employment cases since social media. Given that it

No Surprise: Illinois Attorney General Rules Private Emails May Be Considered Public Documents

By Michael Zimmermann, Esq., Andrew Paine, Esq. and Luke Glisan. Esq. of Tressler LLP In an opinion issued on August 9, 2016, the Illinois Attorney General’s Office found that private emails

Combating Insurance Fraud The Continuing Fraud Fight

By Howard Goldblatt Insurance fraud is considered the second largest financial crime in the U.S., behind only tax fraud. Estimates vary, but insurance fraud steals at least $80 billion a year. This

Using the Affordable Care Act in Defense of Catastrophic Personal Injury Cases

By Kent M. Adams, Esq. and Allison R. Edwards, Esq. of Wilson Elser Courts across the country are beginning to consider the argument that the Affordable Care Act (ACA) serves as a vehicle to limit

3 Essential Steps For Responding To Ransomware Attacks

By Damon W. Silver, Esq. of Jackson Lewis P.C. Likely because most victims comply with their demands, the incidence of attacks by ransomware hackers has exploded in 2016. Guidance issued by the U.S

Insurers Not Bound By Four Corners of Complaint When Determining Duty to Defend Under Illinois Law

By Katharine Thompson, Esq. of Gordon & Rees LLP In Landmark American Insurance Company v. Peter Hilger, the Seventh Circuit, applying Illinois law, recently clarified that an insurer may intro

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