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Article 21/01/2022
On January 13, 2022, the Superior Court of New Jersey, Law Division, held in Merck & Co., Inc., et al. v. ACE Amer. Ins. Co., et al., that the Hostile/Warlike Action Exclusion in various property policies did not prohibit coverage for the NotPetya cyberattack launched by the military arm of the Russian Federation government against the country of Ukraine.
Article 12/01/2022
In American Family Mut. Ins. Co. v. Carmel, Inc., the Illinois federal district court ruled that a CGL policy did not provide “personal and advertising injury” defense coverage for an underlying class action brought under the Illinois Biometric Information Privacy Act (BIPA) on account of the policy’s employment-related practices (ERP) exclusion.
News 05/01/2022
We’re delighted to announce that our London office is to move into London’s iconic Walkie-Talkie building as part of a major workplace transformation programme.
Article 22/12/2021
On December 20, 2021, the Seventh Circuit Court of Appeals issued a long-awaited decision in Cothron v. White Castle System, Inc., a case in which the Seventh Circuit could have provided an answer to the open question of when claims for violations of sections 15(b) and 15(d) of the Illinois Biometric Information Privacy Act (BIPA) accrue.
Article 21/12/2021
As the world emerged from lockdown, it should come as no surprise that cybersecurity and data privacy remained dominant topics in the media and legal industry. Some of 2021 was much like 2020 – ransomware attacks continued to fill the headlines, and in the aggregate, constituted significant loss paid under cyber insurance policies. OFAC reminded victim companies and incident response firms (and cyber carriers) that it remains unlawful to pay ransom payments to designated organizations. Comprehensive federal legislation addressing cyber defenses and notification requirements never materialized.
Article 09/12/2021
We have all experienced restrictions on international travel during the COVID-19 pandemic. But did you know that recent developments in European privacy law have also made it harder for personal data to cross international borders? As Special Counsel Nicholas Blackmore explains, new EU Standard Contractual Clauses and guidance from the European Data Protection Board pose significant challenges for Australian businesses attempting to transfer personal data from Europe.
Article 08/12/2021
Yesterday, on December 7, 2021, the New York State Department of Financial Services (“NYDFS”) issued Guidance on Multi-Factor Authentication (“Guidance”), reminding all regulated entities (or “Covered Entities”) that the use of multi-factor authentication (“MFA”) is required by the NYDFS Cyber Regulation.
Article 06/12/2021
Chinese corporations continue to look to public markets in the United States as a capital source. With increased listings comes an increase in shareholder litigation. An examination of the types of shareholder lawsuits that target these companies, and subsequent settlements are important considerations for claims professionals and underwriters as they evaluate some of the unique risks that these issuers listed in the United States face. Additionally, as the rules and regulations surrounding all issuers are constantly evolving, underwriters may wish to consider Securities and Exchange Commission (“SEC”) guidance issued regarding disclosure considerations for these issuers that list on U.S. Exchanges.
Article 30/11/2021
Oliver Dent, partner in Kennedys’ cyber and data risk team, discusses this Lloyd v Google [2021] and how the claim was dismissed by the court.
Article 29/11/2021
Personal data is often referred to as the currency of the digital age. As such it is not surprising that there has been an increasing awareness around personal data sets and data protection rights in addition to a heightened cyber risk.
