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In today’s technology-driven economy, organizations of all sizes are exposed to increasingly complex computer security risks. The evolving sophistication of the hacking community only increases the likelihood of a targeted cyber-attack and forces companies to recognize the importance of protecting this valuable data. Additionally, human error accounts for a large percentage of compromised data due to lost laptops, smartphones and/or inadvertent disclosure of sensitive personal and/or corporate confidential information. Companies in all industries face a heightened scrutiny in the regulatory realm due to enhanced enforcement by governmental entities. In addition, nearly every state in the country maintains data breach laws requiring timely notification of individuals whose information may have been compromised as well as adherence to the standards imposed by the Payment Card Industry (PCI) for those companies accepting credit cards. Just one security failure or privacy security could lead to intense regulatory scrutiny and costly civil litigation.

We read about data breaches affecting millions of individuals on almost a weekly basis. What is the future of ligation regarding these breaches?

The main hurdles Plaintiffs must overcome are standing and damages. Generally, for a case to survive a motion to dismiss there must be evidence that information was actually exploited or compromised. One example is posting the information of the victims in a public forum. Some Plaintiffs’ attorneys try to argue that when customers pay for services, there is an implied promise that the defendant would use some of that money to implement cybersecurity precautions and as such, plaintiffs should get a portion of that money back. The Courts have been somewhat split on the standing/damages issue but have usually taken a pro-defendant stance. However, it is very fluid.

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Global Asset Protection Services, LLC, and its affiliates (“AXA XL Risk Consulting”) provides risk assessment reports and other loss prevention services, as requested. This document shall not be construed as indicating the existence or availability under any policy of coverage for any particular type of loss or damage. AXA XL Risk. We specifically disclaim any warranty or representation that compliance with any advice or recommendation in any publication will make a facility or operation safe or healthful, or put it in compliance with any standard, code, law, rule or regulation. Save where expressly agreed in writing, AXA XL Risk Consulting and its related and affiliated companies disclaim all liability for loss or damage suffered by any party arising out of or in connection with this publication, including indirect or consequential loss or damage, howsoever arising. Any party who chooses to rely in any way on the contents of this document does so at their own risk.

US- and Canada-Issued Insurance Policies

In the US, the AXA XL insurance companies are: AXA Insurance Company, Catlin Insurance Company, Inc., Greenwich Insurance Company, Indian Harbor Insurance Company, XL Insurance America, Inc., XL Specialty Insurance Company and T.H.E. Insurance Company. In Canada, coverages are underwritten by XL Specialty Insurance Company - Canadian Branch and AXA Insurance Company - Canadian branch. Coverages may also be underwritten by Lloyd’s Syndicate #2003. Coverages underwritten by Lloyd’s Syndicate #2003 are placed on behalf of the member of Syndicate #2003 by Catlin Canada Inc. Lloyd’s ratings are independent of AXA XL.
US domiciled insurance policies can be written by the following AXA XL surplus lines insurers: XL Catlin Insurance Company UK Limited, Syndicates managed by Catlin Underwriting Agencies Limited and Indian Harbor Insurance Company. Enquires from US residents should be directed to a local insurance agent or broker permitted to write business in the relevant state.