As readers of this blog know, data breach, cyber, and privacy-related issues have become a new important area of securities class action litigation in the U.S. In the following guest post, Andrew Miers, Jason Symons, and Shonagh Rasmussen of the HWL Ebsworth law firm review the possibilities or this type of securities lawsuit in Australia. I would like to thank the authors for allowing me to publish their article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is the authors’ guest post.
Continue Reading Guest Post: Cyber and Privacy Risks: The Next Australian Securities Litigation Frontier?

September is here. Labor Day has come and gone. Time to put away the swim trunks, parasols, flip flops, bungee cords, ukuleles, sun screen, boomerangs, bongos, snorkels, vorpal blades, and unicycles, and get back to work. Yes, it is time to answer all those emails and return all of those phone messages. And most importantly of all, it is time to catch up on what has been happening in the world of directors’ and officers’ liability and insurance. Here is what happened while you were out.
Continue Reading While You Were Out

Earlier this year when I questioned whether or not privacy-related issues might represent an important emerging area of corporate liability, I was thinking we might see privacy claims emerge over time. I was thinking a longer time frame, over the course of years. What has happened is that the privacy-related claims are materializing now. As I previously noted, in July investors filed a securities suit against Facebook following the company’s quarterly earnings release that disappointed investors in part because company’s growth rate was affected by allegedly unanticipated expenses and difficulties in complying with the EU’s update privacy requirements in the General Data Protection Regulation (GDPR), which went into effect in May.

Investors have now filed an additional lawsuit against a company reporting GDPR-related difficulties. As discussed further below, on August 8, 2018, investors filed a lawsuit against Nielsen Holdings plc after the media performance ratings company disclosed in its quarterly earnings release that GDPR-related changes affected the company’s growth rate, pressured the company’s partners and clients, and disrupted the company’s advertising “ecosystem.”  The Nielsen lawsuit underscores the suggestion that privacy-related concerns could be a significant source of corporate liability.
Continue Reading Investors Filed GDPR-Related Securities Suit Against Nielsen Holdings

It was perhaps inevitable after Facebook’s disappointing quarterly earnings announcement last week triggered what reportedly is the largest single day share price drop ever that securities class action lawsuits against the company would follow. And indeed on Friday at least two securities class action lawsuits were filed against the company. While the lawsuit filings may have been predictable, at least one of the lawsuits contains an interesting and unexpected variant on the standard pattern –  one of the two lawsuits contains allegations that the company made misrepresentations about its readiness for the May 2018 effective date of General Data Protection Regulation (GDPR) and about the impact of GDPR compliance on the company’s business and operations. As discussed below, these allegations reflect the growing liability exposures arising from growing privacy-related concerns and regulation.  
Continue Reading Massive Facebook Stock Drop Draws GDPR-Related Securities Suit

Keith B. Daniels, Jr.

The European Union General Data Protection Regulation (GDPR) is scheduled to go into effect in May 2018. This directive has significant implications for any company that offers product or services to EU residents. In the following guest post, Keith B. Daniels, Jr., Esq., an attorney and the founder of CyberCounsel, takes a detailed look at the EU directive and reviews its implications for affected companies and their insurers. I would like to thank Keith for allowing me to publish his article on my site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Keith’s article.
Continue Reading Guest Post: Directors Beware: The EU’s General Data Protection Regulation Is Upon Us!

Stark Photo
John Reed Stark

Many of us have been following the continuing battle between Apple and the U.S. government on whether the government can required the company to unlock the iPhone of the San Bernardino terrorist, Syed Rizwan Farook, with a combination of confusion and concern. In the following guest post, John Reed Stark, President of John Reed Stark Consulting and former Chief of the SEC’s Office of Internet Enforcement, sorts out the issues involved in the battle between Apple and the government, in light of all the circumstances, including the February 29, 2016 opinion by Eastern District of New York Judge James Orenstein in the separate Apple iPhone unlocking case. A version of this article originally appeared on CybersecurityDocket.com. I would like to thank John for his willingness to publish his article on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is John’s guest post.
Continue Reading Guest Post: Apple Versus The FBI: Some Common Sense Reflections from “Cool Hand Luke”

Smaller companies increasingly are the subject of data breaches  and those smaller companies “are the number-one target of cyber-espionage attackers,” according to a recent study detailed in a April 24, 2013 CFO.com article entitled “Should You Consider Cyber Insurance?” (here). Smaller companies increasingly are the subject of cyber attacks due to “inadequate security