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Data Breach Class Action Plaintiffs Lack Standing

A federal court in New Jersey is the latest in a series of courts to dismiss a putative data breach class action due to plaintiffs’ failure to adequately plead standing. In re Horizon Healthcare Services, Inc. Data Breach Litigation, No. 2:13-cv-07418-CCC-JBC (D.N.J. Mar. 31, 2015). This class action was brought against a health insurer that suffered a data breach through the theft of...

What Funds Can Take Away From SEC Cybersecurity Guidance

In late April 2015, the U.S. Securities and Exchange Commission responded to the heightened risk of data breaches at the entities it regulates by issuing prescriptive guidance on cybersecurity for all investment advisers and registered investment companies, including mutual funds, insurance separate accounts and business development companies (funds). In her article for Law360,...

Managing a Cyberattack: An Interactive Simulation at the ACC Advanced Compliance Education Summit

It is 3:00 in the morning and your children are safe in bed, but the phone is ringing at the FBI! Sutherland’s Mark Thibodeaux; Cyndi Baily, Chief Compliance Officer at Alere Toxicology; Sarah Sandstorm, Contracts Counsel at KBM Group; and Special Agent Corey Harris from the FBI presented an interactive simulation of a cyber-attack at the ACC’s Advanced Compliance Education Summit...

NAIC Update – Spring 2015

The National Association of Insurance Commissioners (NAIC) held its first national meeting for 2015 in Phoenix, Arizona, from March 26 through March 31. Noteworthy new initiatives include cybersecurity, price optimization and the development of a model law for unclaimed life insurance benefits. Other important topics we follow that continue to receive regulatory attention are life...

Crunching the Numbers in NYDFS’ Cybersecurity Report

On February 9, the New York Department of Financial Services was the first insurance regulator to address cybersecurity when it issued its Report on Cyber Security in the Insurance Sector that summarizes the results of a survey completed by 43 insurers about their cybersecurity programs, costs and future plans. In their article for Law360, Sutherland Partners Mary Jane Wilson-Bilik and...

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