Only Five Days To Report Data Breach For Insurers And Agents In Connecticut

One of the many questions business owners have to answer upon learning of a data loss or security breach incident is whether to notify governmental authorities and when to do it.  The Connecticut Insurance Department has provided a new regulation for insurers and agents in a bulletin on August 18, 2010.  The new regulation requires immediate notification to the Department […]

Does A Limited Liability Company Protect Its Members From Personal Tort Liability?

Not always.  An individual member of an LLC or an officer of a corporation may be individually liable for their own torts.  This rule is well settled and the Connecticut Supreme Court reaffirmed it in Strum v. Harb Development, which will be officially released on August 31, 2010.   Business owners often chose to a form a […]

Cyber Crime On The Rise And Costly – What Can You Do About It

The Ponemon Institute recently published the First Annual Cost of Cyber Crime Study. Download here.  The study was conducted by Ponemon, an independent research group with a focus on privacy and data protection, and ArcSight, a security and compliance management provider.  The study involved a benchmark cost analysis of 45 different companies ranging from 500 employees to over 100,000.                                                                              Here are […]

Civil Liability For Computer Crimes In Connecticut

In Connecticut, a person commits a computer crime if there is any violation of the provisions in Connecticut General Statutes 53a-251.  This is Connecticut’s computer crime statute.   The statute defines criminal conduct under the following categories: Unauthorized access to a computer system Theft of computer services Interruption of computer services Misuse of computer system information Destruction of computer equipment […]

Computer Fraud and Abuse Act In Connecticut

Previously, I have posted about non-compete agreements and the duty of loyalty for employees.  Many times, businesses do not have written contracts to protect confidential and proprietary information from not only competitors and vendors, but also their own employees.  Without a contract, the common law of Connecticut concerning breach of fiduciary duty is one of […]

The Standard of Proof in Connecticut for Civil Theft

In Stuart v. Stuart, to be officially released on June 22, 2010, the Connecticut Supreme Court clarified the standard of proof for civil theft cases in Connecticut (download decision here).  Prior to this ruling, there was some confusion amongst attorneys and trial courts as to the appropriate standard of proof for a civil theft claim under Connecticut […]

Will Your Data Loss Be Covered By Insurance?

I always recommend that businesses implement a plan for data loss, security breach, and privacy related to electronically stored information.   As additional protection, I also typically recommend that businesses investigate additional insurance coverage.  In particular, business owners with risk should investigate insurance coverage for first and third party claims arising out of a loss of data, security breach, or technology errors.  These […]

Wondering Where The Line Is On Internet Privacy – – Just Watch Facebook

My firm receives many calls from new or existing businesses with Internet privacy questions.  Many calls come from e-commerce businesses, start ups, or businesses that want to utilize information gathered from users accessing their Web sites. Some business owners have ideas or concepts that test the limit on use of user profiles, preferences, and content.  The question becomes, just what are […]

Laticrete Responds To 50 Million Dollar Verdict

Following my post about the Dur-A-Flex v. Laticrete jury verdict, I received a statement from Laticrete’s CEO, David Rothberg.  You can read the full statement here.   Mr. Rothberg stated that he is "extremely disappointed in the verdict." He added that the jury finding against Laticrete was "absolutely baseless."  He left no secret as to Laticrete’s post trial plans as he […]

Connecticut Civil Procedure – A Law Clerk’s Perspective

Corey Dennis, a former Superior Court clerk in Connecticut, sent me an article he recently published on Connecticut civil procedure.  I am posting the article,  "Roadmap to Connecticut Procedure" (download here), with the permission of the Connecticut Bar Journal and Corey.  The article brings the perspective of a Law Clerk who was involved with the procedural […]

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