The recent series of significant hacks to Marriott, Target, Anthem, Home Depot, and other businesses make it clear that there is now another inevitable event to add to death and taxes, namely intrusions to businesses’ on-line databases of their customers’ personal information. These intrusions include outside vigilante hackers who are simply trying to sell their services and then try to incite the government or private plaintiffs to assert damage claims against…

The European Union’s Global Data Protection Regulation (GDPR) took effect on May 25, 2018, and drastically expanded the compliance obligations of companies involved in the collection, use, and management of any European Union citizens’ data. The GDPR imposes a strict regulatory scheme with steep penalties for non-compliance, with maximum fines set at the greater of 20 million Euros or 4% of a company’s annual worldwide revenue. GDPR Art. 83, § 5. Please refer to Perkins…

On November 9, 2018, the Ninth Circuit certified an important coverage question to the Washington Supreme Court about whether a certificate of insurance (COI) purporting to add T-Mobile as an additional insured on another company’s insurance policy binds the insurance company listed on the certificate. T-Mobile USA Inc. v. Selective Insurance Company of America, 908 F.3d 581 (9th Cir. 2018). The case should serve as a reminder that businesses may not be able to rely…

Emerging tech companies face many uncertainties. On the one hand, it’s an exciting environment with eager investors and an expanding market receptive to new high-tech solutions. But there are also risks from cyber disruption, potential product liability claims, and less than trustworthy vendors. Don’t get caught without adequate protections. Indemnification agreements. Carefully drafted indemnity provisions in your contracts with vendors and other third parties, including suppliers and large customers, can go a long way to…

Welcome to The Perkins Coie Tech Risk Report, a source for updates on, and analysis and interpretation of, insurance issues relevant to emerging technologies. We will address coverage issues related to cyber coverage, privacy, digital assets like cryptocurrency, Blockchain and other emerging technologies. The blog is written for start-ups and other companies dealing with emerging issues in the technology industry. Attorneys from Perkins Coie’s Insurance Recovery Group will be the primary content authors. They will be joined…

The Los Angeles Lakers are still dealing with the fallout from having sent confirmatory text messages to spectators in 2013, after having invited text messages from those spectators for potential display on the scoreboard. The ensuing Telephone Consumer Protection Act (TCPA) class action settled, but the Lakers’ suit against its insurer seeking coverage for defense costs and indemnification remains pending. The outcome of this dispute could have deep implications for any business using text messaging…

The potential for cyberattacks and data breaches continues to loom large in any company’s calculus of risk, with events like the recent WannaCry attack only highlighting the threat. For years, the insurance industry has responded in kind by offering variations on forms of cyber risk insurance. However, not all policies are created equal. It is important for the insured to be aware of what is covered—and what is not. At its most basic level, cyber…