Will A Crack In Data Breach Litigation Open Floodgates

Data loss and security breach incidents have become common. However, lawsuits related to these incidents are not so common or successful. The problems plaintiffs have encountered include not only figuring out the proper cause of action to seek recovery (many states lack laws permitting private lawsuits for damages related to data loss) but also how to establish provable damages. For […]

Small Business Insurance For Data Loss and Security Breach

The Hartford has recently announced a new insurance product specially tailored to fit small business for data loss and security breach. It has been touted as more affordable for the smaller business owner.  More and more small businesses are experiencing the devastating effects of a security breach incident or data loss.  The statistics and stories are […]

Carders, Full Wallets and Identity Theft In Connecticut

I recently attended the Connecticut Privacy Forum.  One of the presentations was by Kim Peretti who is Director of Forensic Services at Pricewaterhouse and a former federal prosecutor that chased down identity thieves globally. (read an interview with Kim here about the infamous TJX case).   I learned quite a bit of information about trafficking in personal identifying information also known as PII.  […]

Civil Liability For Computer Crimes In Connecticut

In Connecticut, a person commits a computer crime if there is any violation of the provisions in Connecticut General Statutes 53a-251.  This is Connecticut’s computer crime statute.   The statute defines criminal conduct under the following categories: Unauthorized access to a computer system Theft of computer services Interruption of computer services Misuse of computer system information Destruction of computer equipment […]

Will Your Data Loss Be Covered By Insurance?

I always recommend that businesses implement a plan for data loss, security breach, and privacy related to electronically stored information.   As additional protection, I also typically recommend that businesses investigate additional insurance coverage.  In particular, business owners with risk should investigate insurance coverage for first and third party claims arising out of a loss of data, security breach, or technology errors.  These […]

Don’t Get Rocked like RockYou – – Protect Your Customers’ Personal Information

A recently filed class action lawsuit (download complaint) against RockYou highlights the very real threats to businesses related to hackers stealing customer data also known as personally identifiable information (PII). According to the complaint filed in federal court in San Francisco, RockYou is a publisher and developer of popular online applications and services for use […]

Health Net’s Data Loss In Connecticut Was Theft

Attorney General Richard Blumenthal issued a scathing press release related to Health Net’s recent data loss and security breach.  Blumenthal called Health Net’s story on it "sanitized" and its six month delay in reporting "unconscionable."  Blumenthal called for a federal investigation and intensified state efforts because of the sensitive financial and health information at risk […]

The Connecticut Privacy Forum Highlights Very Real Risks For Businesses

On Monday,  I attended the Connecticut Privacy Forum hosted by Travelers.  This Forum was a well attended inaugural meeting of privacy and data security professionals.  I came away from the meeting very impressed with the panel of speakers and topics on the agenda.  I also came away from the meeting as convinced as ever that data loss and security breaches pose a significant risk for nearly all businesses that use computers.  […]

Technology Tips For Connecticut Businesses To Avoid Litigation

As part of this Blog, I am going to regularly post technology tips for any Connecticut business to manage risks and avoid lawsuits. These tips will be based on a presentation I did for the Hartford Business Journal’s Etechnology Summit concerning technology bombs that can sink a business. Here’s todays tip for Connecticut businesses to avoid financial loss as a result of datal loss and […]

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