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Case review 26 mai 2023
High Court makes first decision on the ‘judicial exemption’ to subject access rights in UK GDPR and Data Protection Act 2018
The High Court decision of X v The Transcription Agency (1) Master James (2) [09.05.2023] is the first detailed consideration of the scope of the judicial exemption to the right to access to personal data under the UK GDPR (General Data Protection Regulation) and Data Protection Act 2018 (the DPA 2018). As such, it is of interest to all data protection practitioners.
Article 12 mai 2023
Kennedys responds to a call for views on software resilience for businesses and organisations
The ever-increasing use of digital technologies means that software resilience is crucial in preventing incidents such as the 2020 SolarWinds attack or the discovery of the Log4j vulnerability. While businesses and organisations have made significant progress to address cyber risks, this continues to be a threat to the wider UK economy and the rest of the world.
Article 11 mai 2023
Identifiable trends in LAC data protection legislation
While data protection legislation has existed throughout Latin America and the Caribbean since the early 2000s, the enactment of the European Union’s General Data Protection Regulation (GDPR) in 2018 triggered a wave of legislation in Latin America and the Caribbean, modeled after the protections and obligations enumerated within that landmark European law.
Case review 4 mai 2023
Commission Recovery Ltd v Marks & Clerk LLP & Anor  – a new renaissance for representation actions?
The recent decision in Commission Recovery Ltd v Marks & Clerk suggests the courts may approach the ‘same interest’ test for representative actions under Procedure Rule (CPR) 19.6 more flexibly than had been assumed following the UK Supreme Court’s high profile ruling in Lloyd v Google . CPR 19.6 provides for representative actions where one claimant can represent other claimants in a group action providing they all have the ‘same interest’ in the claim.
Article 3 mai 2023
US Privacy & Breach Litigation Monitor
We are pleased to share the first edition of Kennedys Privacy & Breach Litigation Monitor. This bi-weekly mailing was created with our clients in mind - to bring you up to speed on the latest topics and trends in data privacy and breach litigation.
Article 12 abr 2023
An update on the Online Safety Bill: continued scrutiny and preparations for enforcement
The Online Safety Bill continues to make its way through Parliament, which in due course could introduce major reform of the regulation of online content and providers. The Bill is seen as one of the most far-reaching attempts to date to regulate online content and aims to deliver the UK Government’s manifesto commitment to make the UK the safest place in the world to be online.
Article 6 abr 2023
The emergence of a new generation of Business Email Compromises (BECs)
Business Email Compromises (BECs) were, according to statistics released by the Information Commissioner's Office, one of the leading types of cyber attack throughout the last quarter of 2022 and into 2023 in the UK. In recent months, we have seen an evolution in the strategies deployed by cyber criminals or 'threat actors' following unauthorised access to business email accounts.
Article 3 abr 2023
Ninth Circuit rules that California Insurance Code § 533 bars coverage for a settled malicious prosecution lawsuit
In an interesting new decision, the Ninth Circuit in Aspen Specialty Ins. Co. v. Miller Barondess, LLP (“Miller Barondess”) held that Section 533 of the California Insurance Code—which states that “[a]n insurer is not liable for a loss caused by the willful act of the insured; but he is not exonerated by the negligence of the insured, or of the insured’s agents or others”—precluded coverage under a lawyers professional liability insurance policy issued to the law firm Miller Barondess, LLP for a malicious prosecution action.
Case review 29 mar 2023
Costs litigation in the modern age of cryptocurrency - can an unknown defendant make costs submissions in detailed assessment proceedings?
In this digital age, where the internet allows for anonymity and cryptocurrency is obtaining ever increasing legitimacy, it is interesting to consider how these societal shifts will impact civil litigation and specifically, the costs implications for parties arising out of litigation.
News 6 mar 2023
Kennedys Launches Focus on Fostering Innovation
Today, we launch our focus on innovation, a thought leadership series with seminars, research articles, and reports which will run throughout March, to highlight innovation at Kennedys, and across the wider insurance and legal industries.