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Article 2023-02-03
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.
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Report 2023-01-30
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.
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Article 2023-01-09
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’.
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News 2023-01-09
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.
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Article 2022-12-08
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.
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Article 2022-11-01
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.
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Article 2022-10-27
The ICO issues a firm warning to businesses as it fines UK construction firm, Interserve Group Limited, £4.4 million
The UK’s data protection regulator, the Information Commissioner’s Office (ICO), recently published details of its most recent monetary penalty notice. This latest notice imposes a penalty of £4.4 million on construction and outsourcing firm, Interserve Group Limited arising from a cyber-attack in 2020. Here, we look at what businesses can learn from the notice and what it reveals about the ICO’s enforcement strategy.
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Article 2022-10-06
MFA and data breaches… is Multi-Factor Authentication as safe as you think?
The global cyber team at Kennedys has seen a growing trend in data breaches arising from the bypassing of MFA by cybercriminals. In this article, we share what we have seen so far, detail the potential repercussions, and provide recommendations on how best to avoid falling victim to this latest trend.
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Article 2022-08-31
Online Safety Bill: a balance to be struck
On 17 March 2022, the UK Government delivered to parliament a 'world-leading' Online Safety Bill aimed to make the UK the safest place to go online while defending free expression. Here, and in light of Ofcom’s Call for Evidence about its plans for implementation of online safety regulation, we focus on the scope of the Bill’s provisions and the likely impact on organisations.
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Article 2022-08-18
Good governance: the role of non-executive directors in addressing cyber security risks in a healthcare organisation
Digital technology and data remain an increasingly significant and ever-evolving part of the delivery of modern health and care services. To address the risks posed to cyber security, there are a number of important considerations for healthcare organisations.