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Understanding the political direction of travel at a country level is increasingly significant for businesses operating across international borders. This report demonstrates how salient macro-political issues are among grassroots communities, providing businesses and their insurers with a clear understanding of emerging risk to enable long-term sustainable operations.
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.
Technological innovation in the food industry: increasing quality control and preventing product liability claims and recalls
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.
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.
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.
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.
Kennedys continues to deepen its bench of offerings with the addition of partner Judith A Selby to its New York office.
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.
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.
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).