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Data Breach Case Based on Industry Standards Fails
Data Breach Case Based on Industry Standards Fails
Paul Peter Nicolai
Mar 251 min read


Data Breach Liability Expanding
Until recently, cases alleging damages for data breaches have been mainly unsuccessful, absent a showing of actual damages by the persons...
Paul Peter Nicolai
Nov 21, 20231 min read


Montana, Texas and Oregon Add Data Privacy Laws
Three new states enacted comprehensive consumer data privacy laws in May and June. On May 19, 2023, Montana Governor Greg Gianforte...
Paul Peter Nicolai
Nov 14, 20234 min read


Liability For Data Breaches Opening Up
Over the past 15 years, federal agencies and state governments have been imposing new obligations and requirements for handling...
Paul Peter Nicolai
Oct 24, 20232 min read


CCPA Employment and B2B Exemptions Expired in January
The California legislature adjourned without extending the two business-friendly exemptions of the California Consumer Privacy Act...
Paul Peter Nicolai
Apr 11, 20231 min read


Reasonable Security Measures: The Next Focus in Data Breach Litigation
For years, the big issue in data breach lawsuits focused on standing. However, the California Consumer Privacy Act’s (CCPA’s) private...
Paul Peter Nicolai
Jan 31, 20233 min read


Ransomware Claim Subrogation
Ransomeware cases are on the rise, and so are insurance claims. Some insurers are responding to cyber claims by trying to minimize losses...
Paul Peter Nicolai
Nov 22, 20225 min read


New Data Regulation
The regulation of data collection and its use marches on. Recent examples include: Illinois Illinois has a new law that took effect on...
Paul Peter Nicolai
Apr 12, 20222 min read


Infrastructure Data In Contracts
New deployments of smart devices and smart services are happening rapidly. Almost all new infrastructure should be informed by new...
Paul Peter Nicolai
Oct 19, 20215 min read
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