Cybersecurity: What Is On The Horizon For 2016

JD Supra recently published an attorney perspective piece on defining cybersecurity issues for 2016. It should come as no surprise that resolution of insurance coverage issues made the list. Despite a plethora of data breach related insurance disputes over the last few years, several key issues remain unsettled. For example, in what circumstances will a directors' and officers' liability policy cover a data breach-related shareholder derivative suit? Will a publication by a third-party hacker trigger typical CGL coverage? Hopefully, 2016 will bring some closure to these and other insurance coverage issues.

2016 should also bring some clarity on the issue of who has Article III standing to bring a lawsuit as a result of a data breach. On November 1, 2015, the United States Supreme Court heard oral arguments in Spokeo, Inc. v. Robins, No. 13-1339, in order to determine whether a plaintiff who suffers no concrete harm has Article III standing to file suit based upon