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Article 07/30/2021
Connecticut has become the third state to enact a cyber safe harbor law, providing an affirmative defense for qualifying businesses against tort claims based on an alleged failure to implement reasonable cyber security standards following a data breach.
Article 07/29/2021
This update includes a roundup of recent court decisions dealing with liquidated damages, a classic residential property dispute, late service of a claim form, overstated losses in a claim for defects, and another example of adjudication enforcement where natural justice and jurisdiction issues are at play.
Case review 07/29/2021
In this month’s Brief, we highlight several recent judgments where courts have accepted the defendants’ surveillance and expert evidence and awarded sums much lower than what has been claimed.
Blog 07/28/2021
In my earlier blog on deterring fraudulent claims, I looked at the deterrent measures put in place by the insurance industry to combat fraud. This blog focuses on the enforcement options available to defendants to not only recover their outlay, but also how enforcement action can make the pursuit of fraudulent claims much less attractive for a would-be fraudster.
Case review 07/28/2021
Last week, the Supreme Court handed down judgment in Harcus Sinclair LLP (Harcus Sinclair) v Your Lawyers Ltd (Your Lawyers) [23.07.21], allowing Your Lawyers’ appeal against a decision of the Court of Appeal that the non-compete clause within a non-disclosure agreement between them was unreasonable as a restraint of trade. The decision clarified the approach to be taken in assessing the legitimate interests of the beneficiary of the restraint.
Article 07/27/2021
Technology is developing at rapid pace and no more so than in the food product industry. Artificial intelligence (AI) as utilised within the food industry was valued at around US$3 billion in 2020 and is predicted to grow to around 10 times that figure by 2026. This is indicative of an area with clear potential for transforming the way food is grown, produced, packaged and distributed, and how the associated risks are managed.
Article 07/27/2021
Government measures enacted to limit the impacts of COVID-19 and the impacts themselves continue to have a significant negative effect on the Oman economy and its construction sector in particular.
Article 07/26/2021
Since last summer, several courts have issued decisions holding that a forensics report prepared in the wake of a data breach is not privileged from discovery in subsequent data breach litigation. Late last week, on July 22, 2021, the Pennsylvania federal district court magistrate judge (middle district) weighed in on the subject, holding that a forensics report was not privileged.
Article 07/26/2021
The post-Brexit landscape demands consideration in a number of business critical areas. In our latest report, we examine the outstanding issues around the mutual recognition of regulations, and the impact to UK insurers.
Article 07/23/2021
On July 21, 2021, in Landry’s Inc. v. The Insurance Company of the State of PA, the Fifth Circuit ruled that a carrier had a duty to defend its insured under Coverage B (personal and advertising injury) of a CGL policy for a claim arising out of a data breach. The Fifth Circuit’s treatment of the meaning of “publication” was remarkable (a word we do not choose lightly). As a result, this case may have a significant impact on Coverage B, but not for the reasons many might suspect.
