Potomac Law partner Roberta Anderson Sutton is quoted in the Law 360 article, "Expanding Privacy Law Enforcement Broadens Insurer Woes."
The article provides an update on the proliferation of new privacy statutes in 2023, which the article notes has marked a “banner year” for the expansion of state privacy protections across the United States, and related organizational exposures, including high damages claims arising from private rights of actions, in addition to penalties and compliance costs flowing from increased government enforcement.
Against this backdrop, Anderson Sutton notes that organizations “should scrutinize cyber policies closely, as they may have fallen out of step with privacy law developments or contain varying definitions for a "privacy event" that can limit coverage for [certain types of] privacy violations.”
"Some of the policies have done a better job of responding proactively or in some cases reactively to the newer laws and there's wrongful collection of data [coverage], for example, widely available by endorsement," Anderson Sutton said.
“Given how different jurisdictions treat the insurability of damages, fines and civil penalties imposed by private and public enforcement, it's important for companies to secure the best forum for a favorable choice of law outcome,” she added.
Anderson Sutton represents policyholders.
