TCCWNA. The very acronym evokes head scratches and sighs of angst and frustration among many in the retail industry. The New Jersey Truth-in-Consumer Contract Warranty and Notice Act was passed in 1981 to protect consumers from allegedly deceptive practices in consumer contracts, warranties, notices and signs. Continue reading for an in-depth view of the TCCWNA and what retailers can do to minimize risk.
Continue Reading The New Wave of Consumer Class Actions Targeting Retailers: What is the TCCWNA?
Liability
Federal Court: Sony Pictures Data Breach Class Action Settlement Approved
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Posted in Information Security, Security Breach
Recently, U.S. District Judge R. Gary Klausner approved a settlement in Corona v. Sony Pictures Entertainment, Inc. The litigation centered on a data breach involving the stolen personal information of at least 15,000 former and current employees.
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If a Data Breach Occurs and Nobody Accesses Customer Data, Does it Constitute “Publication”?
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Posted in Cyber Insurance, Security Breach
A panel of the Fourth Circuit confirmed that general liability insurance policies can afford coverage for cyber-related liabilities, and ruled that an insurer had to pay attorneys’ fees to defend the policyholder in class action litigation in Travelers Indemnity Company v. Portal Healthcare Solutions, No. 14-1944.
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Target Data Breach Litigation: District Court Certifies Class of Financial Institutions
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Posted in Security Breach, U.S. State Law
On September 15, 2015, Judge Magnuson of the U.S. District Court for the District of Minnesota certified a class of financial services institutions claiming damages from Target Corporation’s 2013 data breach.
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In an Irish First, the ODPC Holds Company Directors Personally Liable for Breach of the Irish Data Protection Acts
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On October 6, 2014, the Irish Office of the Data Protection Commissioner (“ODPC”) announced its success in bringing prosecution proceedings against M.C.K Rentals Limited (“MCK”), a firm of private investigators, and its two directors, for breaches of the Irish Data Protection Acts 1998 and 2003. Specifically MCK and its directors were found to have (1) obtained personal data without the prior authority of the data controller who was responsible for the data and (2) disclosed the personal data obtained to various third parties.
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Cyber Insurance May Assist in Addressing Risk Posed by OpenSSL Vulnerabilities and Malware
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Posted in Cyber Insurance, Cybersecurity
On June 5, 2014, new OpenSSL vulnerabilities were announced and the same week the Department of Justice detailed the financial damage of one version of sophisticated malware. Because technological solutions alone may not eliminate cyber risk, a proactive approach to address cyber risk should include an evaluation of risk transfer mechanisms, such as insurance.
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Cyber Insurance: Not Just for Data Protection
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Posted in Cyber Insurance, Cybersecurity
In a recent article for Law360, Hunton and Williams Insurance Litigation partner Lon Berk discusses the increase in marketing of cyber insurance products since the February 2013 release of President Obama’s Executive Order on Cybersecurity. This blog post provides a link to a PDF download of the full article.
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SSL Bugs Likely to Have Insurance Coverage Implications
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The recently publicized Secure Sockets Layer bug affecting Apple products raises a question regarding insurance coverage: as The Internet of Things expands, who will be held liable for damage caused by coding errors that create security risks?
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Insurance Policy’s Statutory Rights Exclusion Does Not Apply to Data Breach Claims
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On October 7, 2013, a federal district court in California held that a general liability insurance policy covered data breach claims alleging violations of California patients’ right to medical privacy. This blog post includes a downloadable client alert on the ruling.
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Taiwan Proposes Revisions to Personal Data Protection Act
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On August 30, 2012, Taiwan’s Executive Yuan announced that the Personal Data Protection Act will become effective October 1, 2012. The Executive Yuan also proposed several amendments to certain controversial provisions in the Act.
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