One of the more difficult tasks for an attorney is to get clients to create an estate plan. The truth is that most people would rather do almost anything other than contemplate and prepare for their own inevitable passing. This is a shame because estate planning is the best way for a person to provide […]
Denial of Coverage and Reservation of Rights Letters Pose a Trap for Unwary Counsel
Counsel for insurance companies are frequently called upon to offer advice about or to actually draft a letter to an insured either denying coverage or providing a defense while reserving the carrier’s rights regarding coverage. This usually happens when it is not clear if the claim made against the insured is covered under the terms […]
Should You Move Your Business to the Cloud?
Cloud computing is available to everyone in various forms. As individuals we put our photos and music in the cloud and businesses can use the cloud for various functions including storing data and information. Cloud computing offers many benefits to businesses, but there are cyber liability and privacy and data security risks that come with […]
Privacy Law Alert: Players Might Be Giving Up Personal Data While Pursuing Pokemon Go Characters
Pursuing Pokemon Go Characters If you walked down the street during the past week, you probably saw more people than usual staring at their phones trying to “catch” Pokemon characters. An estimated 7.5 million people have downloaded the Pokemon Go mobile app since its launch during the first week of July.
Business Formation Advice: Corporation v. Limited Liability Company
Now that you have decided to commit your time and resources to starting your own business, the next crucial step is making a decision about the type of structure to choose for it. The two most common structures chosen by businesses are corporations and limited liability companies (LLCs). The type of structure you select […]
Privacy and data security update: an update on data breach notification law for July 2016
We know how important data privacy and security is to your business. We also know how the legal requirements in this area are constantly evolving. To keep you up to date on the latest data breach notification laws across the United States, we’ve summarized the updates for the first half of 2016 below.
No Harm, No Foul: Why Spokeo v. Robins is a Win for Data Privacy Defendants
It is easy to spin a legal decision, and the spinning commenced the moment the United States Supreme Court’s Spokeo v. Robins decision came down. Some hailed the decision as a massive win for corporate defendants, while others believe that the decision represents a win for plaintiffs in ongoing privacy battles. While both outlooks have […]
Court Finds Data Breach Coverage Under CGL Policy
A recent federal court of appeals decision, The Travelers Indemnity Company of America v. Portal Healthcare Solutions, LLC, No. 14-1944 (4th Cir. Apr. 11, 2016), found data breach coverage under a commercial general liability policy (CGL policy). However, this decision should not have a large impact on the future of cyber insurance litigation or […]
Seventh Circuit Finds Standing in Another Data Breach Suit
In Lewert v. P.F. Chang’s China Bistro, Inc., No. 14-3700 (7th Cir. 2016), the Seventh Circuit Court of Appeals found that plaintiffs, customers of P.F. Chang’s restaurants, had standing to pursue their claims against P.F. Chang’s, following a data breach of the restaurant’s computer system that compromised customers’ credit card data. The Court overturned the […]
U.S. District Court Dismisses Take-Home Asbestos Claim
In Neumann v. Borg-Warner Morse Tec LLC, et al. (Case No. 1:15-cv-10507), the United States District Court for the Northern District of Illinois granted Defendant’s motion to dismiss in this “take-home” asbestos exposure case. The Court determined that Plaintiff’s negligence claim failed because Defendant did not owe Plaintiff a duty of care. The Court’s decision […]