Current Issue Headlines
Vol. 4, No. 42 (Dec. 12, 2018)
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Understanding the Potential Implications of Pennsylvania’s Newly Recognized Common Law Duty to Protect Personal Information
The negligent failure to implement reasonable data security is now a viable claim according to Pennsylvania’s Supreme Court, which recently recognized a common law duty to protect personal information. The court did not see itself creating a new duty, but articulating one that already existed, Ed McAndrew, partner at Ballard Spahr, told The Cybersecurity Law Report. Because the decision “doesn’t place guardrails around the legal reasoning,” it could “certainly expand quickly beyond the employer-employee relationship.” In this article, we explore the potentially broad impact of this decision in both scope and geography. See also “Synthesizing New York and Colorado’s Trailblazing Data Security Regulations for Financial Firms” (Jul. 12, 2017); and “What to Expect From California’s Expansive Privacy Legislation” (Jul. 18, 2018).
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Implications of a Dynamic Regulatory and Threat Environment on E.U. and U.S. Cyber Insurance Markets
The dynamic regulatory landscape, along with constantly changing attack vectors and defense mechanisms, affects the cyber liability insurance market. Notably, the European cyber insurance market lagged behind the U.S. market by a wide margin before the implementation of the GDPR. To examine the implications of ongoing change on the cyber insurance market, the Cybersecurity Law Report spoke to James Burns, the cyber product leader at CFC Underwriting. Burns discussed coverage issues, the role of an insurer in addressing a company’s cyber risk, differences in market demand across territories and industries and the growth outlook for 2019. See our three-part series on using cyber insurance to mitigate risk: “From Assessing the Need to Managing Existing Policies” (Oct. 3, 2018); “Getting Savvy About Cost and Policy Terms” (Oct. 10, 2018); and “Policy Management and Breach Response” (Oct. 17, 2018).
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Illinois Appellate Decision Creates Split on Standing to Sue Under BIPA
The Illinois Biometric Information Privacy Act, a groundbreaking statute that specifies requirements for the collection and handling of biometric data, has been the basis for a number of standing cases. The recent decision by the Appellate Court of Illinois, First District, in Klaudia Sekura v. Krishna Schaumburg Tan, Inc., has lowered the bar for plaintiffs, although a pending Illinois Supreme Court decision in a different case may raise it again. This article analyzes the Decision and other relevant cases, with insights from Jackson Lewis principals Jason C. Gavejian and Joseph J. Lazzarotti. See also “Actions Under Biometric Privacy Laws Highlight Related Risks” (Dec. 6, 2017).
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Former FTC Commissioner Maureen Ohlhausen Joins Baker Botts
Former FTC Commissioner Maureen Ohlhausen will join Baker Botts as a partner in the antitrust and competition law, litigation, and privacy and data security practices, where she will counsel clients on a range of competition and consumer protection matters. For more from Baker Botts, see “How to Mitigate the Risks of Open-Source Software (Part One of Two).
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Carlton Fields Bolsters Cyber Practice in New York
Former Assistant U.S. Attorney in the Business & Securities Fraud Section of E.D.N.Y Michael L. Yaeger has joined Carlton Fields as a shareholder in the firm’s litigation, cybersecurity, government investigations, securities and regulatory practice groups. For more insight from Yaeger, see “Five Takeaways From the Fiserv Wake-Up Call” (Sep. 28, 2018).
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