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 New case law, analysis, trends and news for those in the liability, risk management and insurance industry 
  Volume 6  |  December 2017

NAIC’s Model Law Opens Door for State Data Security Standards

There appears to be no stopping the continued breathtaking pace of cyberattacks as we head into 2018. In 2017, the Equifax data breach exposed the nonpublic information of over 140 million consumers; there were allegations that Uber hired hackers to conceal a data breach involving over 57 million rider accounts; and Yahoo confirmed that its 2013 data breach (which was initially reported in 2016 to involve 1 billion accounts), actually involved every one of the 3 billion accounts managed by the company . Amazingly, these events have not prompted a significant push from Congress for national data security standards.  However, following New York’s lead, state legislators and regulators (including those in Maryland) now appear ready to take up the mantle with the Insurance Data Security Model Law (“Model Law”) recently adopted by the National Association of Insurance Commissioners (“NAIC”). NAIC adopted the Model Law in October 2017 to establish standards for data security and investigation for the insurers or “licensees” its members regulate, but the Model Law may have broader implications for many other businesses as well.

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Businesses Take Note: Updates to Maryland’s Data Breach Notification Law Take Effect January 1, 2018

What are businesses required to do when personal information they have collected is breached? Most states have breach notification laws with varying degrees of security and notice requirements. With high profile data breaches continuing to top headlines, legislators are beginning to make these laws more strict.
Maryland’s legislature is no exception. On January 1, 2018, several amendments to the Maryland Personal Information Protection Act, (“MPIPA”) MD Code Ann., Com. Law §14-3501 et seq. will go into effect. Businesses collecting personal information should take note and be prepared.

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PK Law Insurance Group 2018 Super Lawyers and Rising Stars!

Congratulations to the Following PK Law Insurance Group Attorneys on their selection to the 2018 Super Lawyer Maryland List (Top 5% of MD Attorneys)
* Steven Allen, Business Litigation
James Benjamin Jr., Environmental Litigation
Joan Cerniglia-Lowensen, Medical Malpractice Defense
Patricia McHugh Lambert, Business Litigation
*Top 100 MD Lawyers
And 2018 Super Lawyer Maryland Rising Stars List
Kayleigh Keilty, Civil Litigation Defense
Talley Kovacs, General Litigation
Aidan Smith, General Litigation

Coming in the next issue:

The January PK Law Insurance Insights will focus on insurance issues surrounding the opioid crisis and the growing problem of mushrooming claims.

About PK Law’s Insurance Group

PK Law’s Insurance Group is comprised of a deep bench of attorneys with an extensive range and level of experience in the insurance industry. Lead by Members Patricia McHugh Lambert and Joan Cerniglia-Lowensen, the Group is supported by Members, Steve Allen, Barry Bach, Robert Campbell and James Benjamin and Associates Kambon Williams, Aidan Smith, and Kayleigh Toth-Keilty. All members of the Group receive mentoring and are trained to apply the techniques and analysis that the Group’s senior attorneys use including project management, identification of the stages and how to accurately evaluate a case.

Insurance Defense