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Telephone Consumer Protection Act: Seventh Circuit Adds To Trend of Limiting The Definition of Auto-Dialer Under TCPA, But Uncertainty Remains

There have been positive developments for defendants in the Telephone Consumer Protection Act (“TCPA”) landscape this week.On February 19, 2020, the Seventh Circuit Court of Appeals issued the much-awaited opinion in Gadelhak v. AT&T Servs., Inc., No. 19-1738, 2020 WL 808270 (7th Cir. Feb. 19, 2020)

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Technology, Privacy, & Cyber
Community Leadership
US Supreme Court Significantly Limits Effectiveness of the TCPA by Narrowing Auto-Dialer Definition

On April 1, 2021, the United States Supreme Court issued a unanimous 9-0 decision in Facebook, Inc. v. Duguid..

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Technology, Privacy, & Cyber
Incorporating Underlying Construction Contract into Insurance Contract: Possible Consequences on Policy Interpretation

On large projects, construction and design firms may purchase project-specific insurance policies to provide a single source of available insurance for claims related to that particular project..

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Professional Indemnity
Bad Faith Blowback: Ninth Circuit Dismisses Insurer’s Anti-SLAPP Motion to Strike Bad Faith Claim

An insurer that brings an action against its insured in California where the insured asserts a counterclaim alleging bad faith may consider filing a motion to strike based on California’s anti-SLAPP statute. However, a recent federal appellate decision suggests that the insurer will face an uphill..

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Professional Indemnity
Power to the Policyholders? Texas Supreme Court Considers Expanding Insurers’ Liability in Settlement Disputes

Texas Supreme Court will consider an opportunity to reshape the contours of the Stowers doctrine, which requires insurers to consider settlement demands within policy limits with a “degree of care and diligence which an ordinarily prudent person would exercise in the management of his own business”

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Professional Indemnity
MAJOR UK DATA BREACH CLASS ACTION SUITS ARISE IN THE WAKE OF GDPR

In two decisions rendered this month, the UK courts have permitted two major class-action lawsuits under the General Data Protection Regulation (GDPR) regime. The suits prove that the GDPR opens the door for large representative suits on behalf of data breach victims..

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Technology, Privacy, & Cyber
Legal Malpractice Claims Continue to Grow: Trends and Predictions for 2022 and Beyond

Law firms and their insurance carriers have experienced a rise in both the frequency and severity of high-exposure legal malpractice claims over the past year. As the global economy remains in a period of high inflation and economic uncertainty, there is a risk that this trend may continue.

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Professional Indemnity
Preserving the Insurer’s Right to Allocate Loss

As most insurers know, a reservation-of-rights letter is only useful to the extent that it can be enforced at a later date...

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Professional Indemnity
Comparing US And EU Approaches To Paying Cyber Ransoms

Ransomware attacks continue to proliferate across the globe and it is expected that 2020 will see continued attacks. Trend Micro Inc. reported a 77% surge in ransomware[1] attacks during the first half of 2019

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Technology, Privacy, & Cyber
Florida Federal Court: Session Replay Software Does Not Violate Decades-Old Wiretap Statute

On September 9, 2021, the U.S. District Court for the Southern District of Florida followed the recent trend of Florida state and federal courts by dismissing a putative class action lawsuit alleging that Costco’s use of session replay software violates the Florida Security of Communications Act

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Technology, Privacy, & Cyber
Data Protection Considerations For Insurers Post-Brexit

On Dec. 31, the Brexit transition period ended, and the U.K. formally exited the European Union. Perhaps surprisingly, despite such a seismic shift in the U.K. constitution, the key principles of U.K. data protection law remain fundamentally unchanged...

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Technology, Privacy, & Cyber
Looking Ahead: the UK cyber landscape in 2021

As we approach the end of an unprecedented year, we look ahead to the next twelve months. In addition to the ongoing strain on company resources caused by the pandemic, we expect companies operating in the UK and their insurers will face additional data protection burdens in 2021

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Technology, Privacy, & Cyber
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