Archives: Cyber

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New York Steps Up To The Plate With Its Cybersecurity Regulations

Last fall, in response to the “ever-growing threat” posed to information and financial systems, the New York State Department of Financial Services (DFS) proposed cybersecurity regulations that were designed to “promote the protection of customer information and information technology systems of regulated entities.”  On December 28, 2016, DFS issued a press release effectively delaying the … Continue Reading

Strike Three – You’re Out – Data Breach Shareholder Derivative Lawsuit Against Home Depot Dismissed

On November 30, 2016, Judge Thomas W. Thrash dismissed a shareholder derivative action brought against Home Depot as a result of the breach of its security systems and theft of its customers’ personal financial data (“the Breach”) in 2014. In Re The Home Depot, Inc. Shareholder Derivative Litigation, Civ. No. 1:15-CV-2999, 2016 WL 6995676 (N.D. … Continue Reading

Crime Policy Does Not Cover Loss of Company Funds Resulting From Social Engineering Scheme

In a long-awaited decision (at least by the parties and fidelity law practitioners) the Fifth Circuit Court of Appeals has held that a “Computer Fraud” Insuring Agreement in a Crime Insurance Policy does not cover the insured’s loss after its employees were tricked into wiring approximately $7 million to a fraudulent bank account set up … Continue Reading
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