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The new British data protection regime: what to expect
On 28 February, the Secretary of State for the newly created Science, Innovation and Technology Department, Michelle Donelan, informed the press that the Data Protection and Digital Information Bill will return to Parliament next week. In advance of this, we examine what the new approach to data regulation might entail and the consequences to businesses and their insurers.
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.
Emerging cyber risks in the fine art and specie market
Graff Diamonds Ltd, a luxury British jeweller, fell victim to a ransomware attack resulting in a ransom payment of US$7.5 million which it sought to recover from its insurers. Insurers denied cover and Graff went on to sue them. We consider the issues and emerging cyber risks in the fine art and specie market, and provide our recommendations on possible risk mitigation strategies.
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.
International cyber and data privacy insights - February 2023
A summary of the latest cyber and data privacy developments and critical issues for organisations to consider in the UK, EU and US.
Defending VPPA claims: A different perspective
The Video Privacy Protection Act (VPPA) was enacted in 1988, and provides that a video tape service provider who knowingly discloses the personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person. The law was put in place to “preserve personal privacy with respect to the rental, purchase or delivery of video tapes or similar audio visual materials.” S. REP. 599, 1988 U.S.C.C.A.N. Over the past decade, there has been a trickle of class action lawsuits filed under the VPPA, although in recent times, technological growth has allowed lawsuits to proliferate at a more rapid pace.
Insurance forecast 2023: claims trends and future risks
Drawing on our experience across various risks, this 2023 insurance forecast report highlights some of the key trends that we anticipate will shape the insurance agenda for 2023 and beyond.
Getting physical: Ohio Supreme Court holds that software cannot be physically damaged and endorsement covering software must be triggered by physical loss or damage to covered property
On December 27, 2022, the Supreme Court of Ohio unanimously ruled that a businessowners property insurance policy issued by Owners Insurance Co. (Owners) to EMOI Services, LLC (EMOI) did not afford coverage for losses sustained in a ransomware attack because computer software is “entirely intangible” and “cannot experience ‘direct physical loss or physical damage’.
Kennedys appointed to core Aviva UK GI claims legal panel following a strategic review
Aviva has announced the conclusion of the first comprehensive review of its defendant legal panel in 10 years.
Minnesota Federal Court rules Cyber Business Interruption clause covers funds lost in fraudulent wire transfer incident
As previously reported, on November 3, 2022, the federal district court for Minnesota, applying Minnesota substantive law, ruled that an insured was entitled to coverage under a Cyber Business Interruption clause for money lost in a fraudulent wire transfer incident.