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District of Maine certifies question of what constitutes “cognizable injury” from data breach to Supreme Judicial Court of Maine
- Edwards Wildman Palmer LLP
- -
- USA
- -
- November 11 2009
Last month, the United States District Court for the District of Maine certified a question of law to the Supreme Judicial Court of Maine regarding the issue of what constitutes cognizable injury to a consumer in a case stemming from the alleged theft of credit card data, a question of great signficance in the relatively new field of data security law
In American Bar Association v. Federal Trade Commission, federal court prohibits FTC from enforcing Red Flags Rule against attorneys
- Edwards Wildman Palmer LLP
- -
- USA
- -
- December 7 2009
Judge Reggie B. Walton of the United States District Court for the District of Columbia recently granted an injunction sought by the American Bar Association (“ABA”) that prohibits the Federal Trade Commission (“FTC”) from enforcing the Red Flags Rule against attorneys
Eighth Circuit rules that General Liability insurer must defend claim for lost use of personal computer under both General Liability policy and information and Network Technology Errors or Omissions Liability policy
- Edwards Wildman Palmer LLP
- -
- USA
- -
- August 16 2010
In late July 2010, the Eighth Circuit Court of Appeals held that an insurer that issued a General Liability policy and an Information and Network Technology Errors or Omissions Liability policy must provide a defense to its insured under both policies for a claim that alleges the insured infected the underlying claimant's computer with a spyware program, allegedly affecting the operation of the computer
Liability insurer seeks declaration of no coverage in school laptop monitoring case
- Edwards Wildman Palmer LLP
- -
- USA
- -
- April 27 2010
An insurer that issued a school district liability policy to the Lower Merion School District has filed a declaratory judgment action, seeking a ruling that a recent privacy-related civil rights lawsuit against the school district is not covered by the policy
FTC issues guide for businesses on securing data stored by digital copiers
- Edwards Wildman Palmer LLP
- -
- USA
- -
- December 30 2010
The Federal Trade Commission (the "FTC") recently issued a publication entitled Copier Data Security: A Guide for Businesses (the "Publication") to alert businesses of the potential data security threat posed by digital copiers
Maine Supreme Court issues decision in Hannaford case, rules that time and effort spent mitigating harm from data theft do not constitute cognizable injury
- Edwards Wildman Palmer LLP
- -
- USA
- -
- September 21 2010
This morrning, the Maine Supreme Court issued its decision in the matter of In re Hannaford Bros. Co. Customer Data Security Breach Litigation, Docket No. Fed-09-586, on a question certified to the Court by the United States District Court for the District of Maine in a pending action of the same name (Docket No. 08-md-01954
Massachusetts Supreme Court affirms dismissal of data breach claims brought against retailer by financial institutions
- Edwards Wildman Palmer LLP
- -
- USA
- -
- March 3 2010
Recently, the Supreme Judicial Court of Massachusetts upheld two lower court decisions dismissing, on separate motions to dismiss and for summary judgment, a number of claims brought by credit unions against a retailer in connection with a breach of debit and credit card data
District of New Jersey dismisses securities fraud claims against company that suffered data breach
- Edwards Wildman Palmer LLP
- -
- USA
- -
- March 29 2010
Late last year, the United States District Court for the District of New Jersey dismissed a securities fraud litigation that had been brought against a payment card processor in connection with the theft, by cybercriminals, of credit and debit card information from the company's computer system
