Data Security of ESI

Data security and the insecurity of electronically stored information (ESI) is ephemeral.  Data security is not as predictable as one would prefer to think.  Any anticipation of a data security incident or of its origin is absolutely unpredictable.  With every incident, the attention is always on possible external sources.  All too often, little effort is…

Cyber Insurance Coverage

Cyber insurance coverage is a new phenomenon and seldom do courts deal with such.  But as the events occur with frequency, cyber incidents are indeed getting attention.  They are getting the attention of insurance carriers as well.  Two cases stand out that have set a precedent. Travelers Indem. Co. of Am. v. Portal Healthcare Sols.,…

Cybersecurity Rule Setting the Mark

Cybersecurity rule ideas, so far, have been piecemeal throughout the United States despite the numerous efforts.  Opposite to the European Union’s efforts through their General Data Protection Regulation (GDPR) initiative, in the U.S. we have no such thing.  We do have bolstering amendments to Gramm-Leach-Bliley Act, embodied in the Consumer Data Security and Notification Act…