Message from New York Court: Rely on CGL Policy Coverage for Data Breaches at Your Own Peril

A New York trial court announced a decision on February 21, 2014, that may be a harbinger of wide-reaching limitations on insurance coverage for data breaches under commercial general liability (CGL) policies. The court’s ruling, while subject to appeal, demonstrates the hazards of relying on traditional CGL policies for coverage for data breaches. The lawsuit, Zurich… Read More

No Password for You: California Enacts Social Media Privacy Laws Affecting Employers and Postsecondary Educational Institutions

By: Gary Gansle, Jessica Linehan, and Kurt Whitman Addressing a recent hot topic regarding the forced disclosure of social media passwords and/or content as part of the employment application process, California has promptly resolved the issue legislatively. Effective January 1, 2013, employers in California are generally prohibited from requiring applicants and employees to disclose or… Read More

Facebook’s Lawsuit Protects Its Users Against a Massive Spamming Scheme

On January 26, 2011, the federal district court in the Northern District of California granted Facebook a default judgment against Philip Porembski and PP Web Services LLC for obtaining “login credentials for at least 116,000 Facebook accounts without authorization” and for sending “more than 7.2 million spam messages to Facebook users.” Facebook, Inc. v. Fisher,… Read More

Time to Check Whether Your Insurance Policies Cover Lawsuits Alleging Misuse of Advertising Software and Cookies

In the past six months approximately 6 class action lawsuits have been filed in Los Angeles federal district court against various companies for, among other things, violations of the Computer Fraud and Abuse Act (“CFAA”), Title 18 U.S. C. § 1030, based on advertising technology that tracks a computer’s web surfing practices. Unlike traditional cookies,… Read More

Facebook Places Has Checked-in: Brand Owners Should Consider Proactively Setting Up Pages to Prevent Unfixable Errors

By: Jamie N. Nafziger Dorsey & Whitney, Partner. Those familiar with Foursquare, Yelp, Gowalla and other location-based social networking sites will not be surprised that Facebook has jumped into the fray and recently launched several geolocation-related services. This article includes recommendations on how brand owners can protect their brands in connection with these new services…. Read More

United States Chess Federation Embroiled in Computer Fraud Prosecution

Last week the federal district court in Northern California downgraded felony Computer Fraud and Abuse Act (“CFAA”) counts to misdemeanors against Gregory Alexander who is charged with accessing “on thirty-four separate occasions . . . without authorization, the Yahoo! email account of Randall Hough, one of the board members of the United States Chess Federation… Read More

New Washington Privacy Law Effective July 1, 2010

Washington is the third state to enact an encryption law and a payment card law.1 Massachusetts and Nevada enacted encryption laws and Minnesota and Nevada enacted payment card laws. Since this law takes effect July 1, 2010, any entity that could be subject to this law should begin assessing whether they are subject to and in compliance with this law.

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