Privacy, Data & Cyber Law


Governor Expands Definition of ‘Elder Abuse’ to Include Identity Theft
December 7, 2021 | Heather S. Milanese | Privacy, Data & Cyber Law | Trusts & Estates

On December 6, 2021, Governor Kathy Hochul expanded the legal definition of “elder abuse and exploitation” to incorporate identity theft in the list of eligible support services and programs for seniors through non-profit agencies and law enforcement (S.1560/A.1994).

Identity theft is the unlawful use of an individual’s personal identification information such as the person’s name,

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Rutkin Writes on Cyber Liability for Best’s Review
November 9, 2021 | Alan S. Rutkin | Privacy, Data & Cyber Law | Insurance Coverage

Alan Rutkin authored, “As Cybercrimes Continue, Lawsuits for Damages Will Grow,” for the December 2021 issue of Best’s Review. The article explores the challenges to insurers posed by the ever-evolving world of cyber liability:

  1. The threats are growing.
  2. Underwriters are trying to assess where the biggest threats exist.
  3. Coverage litigation is still relatively new.
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N.Y. Federal District Court Rejects ADA Claim Against Website Owner
October 18, 2021 | Shari Claire Lewis | Privacy, Data & Cyber Law

Many New York-based businesses with websites, as well as bloggers, vloggers, and other New Yorkers with an online presence, may justifiably feel a bit more immune to lawsuits under the Americans with Disabilities Act (ADA) given the recent decision by the U.S. District Court for the Eastern District of New York in Winegard v. Newsday

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Patchwork of Cybersecurity Regulations Creates Problems for Insurers
October 6, 2021 | Greg E. Mann | Privacy, Data & Cyber Law | Insurance Coverage

The cyber insurance market landscape continues to change, as insurers grapple with the growing threats hackers pose to policyholders. But less discussed are insurers’ internal cyber security practices. Insurers possess extensive personal information about policyholders, making insurers attractive targets for hackers.

In October 2017, responding to these concerns, the National Association of Insurance Commissioners (the

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Take These Steps Now to Reduce Labor Day Cybersecurity Risk
September 2, 2021 | Shari Claire Lewis | Privacy, Data & Cyber Law

On August 31, 2021, the FBI and CISA (Cybersecurity and Infrastructure Security Agency) issued Alert AA21-243A, warning that there is an increased risk to U.S. entities of an “impactful ransomware attack” over Labor Day Weekend. A summary of the risk and suggested steps to address it can be found at https://us-cert.cisa.gov/ncas/current-activity/2021/08/31/fbi-cisa-advisory-ransomware-awareness-holidays-and-weekends. The Alert can be

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Businesses Face New Litigation Risk Over Biometric Information
August 16, 2021 | Shari Claire Lewis | Privacy, Data & Cyber Law

Social media has played an oversized role in lawsuits under state and local biometric privacy laws, including especially the Illinois Biometric Information Privacy Act (BIPA). See, e.g., Thornley v. Clearview AI, Inc., 984 F.3d 1241 (7th Cir. 2021) (plaintiffs alleged that defendant used a proprietary algorithm to “scrape” pictures from social media sites such as

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New CT Cybersecurity Law Protects Against Liability for Data Breaches
August 5, 2021 | Benjamin J. Wisher | Privacy, Data & Cyber Law

Connecticut Governor Ned Lamont recently signed into law “An Act Incentivizing the Adoption of Cybersecurity Standards for Businesses” (Public Act No. 21-119). Under the Act, “covered entities” that implement certain cybersecurity measures to protect against data breaches of “personal information” and “restricted information” will be insulated against the imposition of punitive damages arising from tort

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Rutkin Authors Best’s Review article, “Cyber Threats: Get Ready and Get Tough”
July 12, 2021 | Alan S. Rutkin | Privacy, Data & Cyber Law | Insurance Coverage

Alan Rutkin authored the Best’s Review article,  “Cyber Threats: Get Ready and Get Tough.”

In the article, Rutkin discusses the steady increase of cyber incidents and how insurers should prepare for future attacks.

“Cybercrimes, along with the related coverage issues, are among the biggest challenges now facing insurers,” Rutkin says.

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Here’s How the FTC Is Tackling Emerging Technology
June 15, 2021 | Shari Claire Lewis | Privacy, Data & Cyber Law

A wide range of federal and state authorities are involved in the regulation of emerging technologies in one way or another. Numerous agencies as well as the U.S. Department of Justice lead the national effort, while the Department of Financial Services, the attorney general, and local prosecutors are the principal parties in New York State.

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Circuit Issues New §230 Ruling as Law’s Future Remains Uncertain
April 19, 2021 | Shari Claire Lewis | Privacy, Data & Cyber Law

For much of the past few years, Section 230 of the Communications Decency Act of 1996 (CDA) has been in the news. Section 230 generally immunizes providers of interactive computer services (such as internet service providers or ISPs, social media companies, and website hosting entities, among others) from liability in connection with third party

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