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Article 26/07/2021
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 23/07/2021
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 20/07/2021
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.
Article 14/07/2021
A recent decision by the Supreme Court of New Jersey has clarified the duty of commercial landowners to clear ice and snow from their property during a storm.
Article 13/07/2021
On May 11, 2021, in Global Fitness Holdings, LLC v. Navigators Management Co., Inc., the United States Court of Appeals for the Sixth Circuit upheld a broad-form contractual liability exclusion in a D&O policy. As discussed in this article, the decision is important for several reasons, including: (1) it reaffirms the principle that broad-form contractual liability exclusions apply to the entire “Claim,” even when the “Claim” includes tort-based causes of action; and (2) it extends the “but for” test for applying the carveback to the contractual liability exclusion for liability “in the absence of such contract or agreement.”
News 12/07/2021
Kennedys continues to deepen its bench of offerings with the addition of partner Judith A Selby to its New York office.
News 08/07/2021
We are pleased to again report a record turnover of £264m, an increase of 11% on the previous year (£238m).
Article 06/07/2021
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 05/07/2021
In this blog we explore sentiment analysis and the different approaches of two off-the-shelf sentiment analysers, Vader and TextBlob. While these analysers can be good for a quick solution for a sentiment analysis use case, they sometimes fail to produce reliable results for certain use cases and scenarios.
Article 01/07/2021
A summary of ESG developments, including two perspectives of the impacts of Milieudefensie et al v Royal Dutch Shell plc [26.05.21] on financial institutions and insurers – one from the UK and one from the USA; the latest update on sustainability reporting; and the Department for Business, Energy and Industrial Strategy proposals to strengthen the UK’s framework for corporate governance.
