N.Y. Appellate Division Upholds Insurance Policy Exclusion for “Five Guys” Data Breach

Today, the New York State Supreme Court, Appellate Division, Third Department issued a decision enforcing an insurer’s exclusion of coverage for “damages arising out of the loss of . . . electronic data,” stemming from a 2011 credit card data breach at certain locations of the Five Guys Burgers & Fries restaurant chain. The decision should prompt businesses, especially […]

New York Proposes Overhaul of Its Data Breach Statute and a New Data Security Standard in the Wake of Recent Cyber Attacks

The largest data security breaches ever reported have occurred in the last several years. The organizations whose data security systems were compromised in connection with these massive breaches include Anthem, Ebay, Target, Home Depot, JP Morgan Chase, Adobe and now the federal government’s Office of Personnel Management. Not only is the scope of these breaches […]