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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 07/26/2021
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 07/23/2021
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.
Article 07/20/2021
Effective July 9, 2021, the City of New York’s Biometric Identifier Law went into effect. The law (i) prohibits the sale or exchange “for anything of value” of “biometric identifier information”, and (ii) requires “commercial establishments” that collect or store biometric identifier information to provide a “clear and conspicuous” notice of the collection at the establishment’s entrance to notify customers “in plain, simple language” of the collection.
News 07/12/2021
Kennedys continues to deepen its bench of offerings with the addition of partner Judith A Selby to its New York office.
Article 07/06/2021
On the eve of a long holiday weekend, serendipitously, just before announcement of the Kaseya attack, the New York State Department of Financial Services (NY DFS) issued new Ransomware Guidance for regulated companies on preventing successful ransomware attacks.
Article 06/30/2021
During the pandemic, ransomware has itself gone viral. Consulting group Chainalysis estimates that in 2020, ransomware attackers received around US$350 million in ransom payments, more than three times as much as in the previous year. Kennedys Special Counsel Nicholas Blackmore and Associate Martin Yarwood discuss the issues facing ransomware victims when deciding whether to pay a ransom.
Article 06/23/2021
The Colorado Privacy Act (“ColoPA” or “Act”) has been sent to Governor Jared Polis’s office to be signed into law, making Colorado the third state to enact comprehensive privacy legislation (coming behind California and Virginia).
News 06/21/2021
Kennedys has continued its growth in the Middle East with the opening of a new office in Muscat, in the Sultanate of Oman. This office opening is in response to client demand for a presence in Oman, and sees Kennedys become the only international insurance-focused law firm in the country.
Article 06/11/2021
On 7 June 2021, US Authorities led by the Justice Department announced the recovery of USD 2.3 million of the USD 4.4 million ransom paid in Bitcoin to the hackers who caused the shutdown of the Colonial Oil Pipeline in May 2021.
