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The U.S. Department of Health and Human Services recently published “Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients,” which was developed by the Healthcare & Public Health Sector Coordinating Councils Public Private Partnership, a group comprised of over 150 cybersecurity and healthcare experts from government and private industry.…
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Recently, the Sixth Circuit rejected Travelers Casualty & Surety Company’s request for reconsideration of the court’s July 13, 2018, decision confirming that the insured’s transfer of more than $800,000 to a fraudster after receipt of spoofed emails was a “direct” loss that was “directly caused by” the use of a computer under the terms of…

On January 9, 2017, Representatives Kevin Yoder (R-KS) and Jared Polis (D-CO) reintroduced the Email Privacy Act, which would amend the Electronic Communications Privacy Act to require government entities to obtain a warrant, based on probable cause, before accessing the content of any emails or electronic communications stored with third-party service providers, regardless of how long the communications have been held in electronic storage by such providers.…
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On October 18, 2016, the United States Court of Appeals for the Fifth Circuit held in Apache Corp. v. Great American Ins. Co. that a crime protection insurance policy does not cover loss resulting from a fraudulent email directing funds to be sent electronically to the imposter’s bank account because the scheme did not constitute “computer fraud” under the policy. …
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