Landry's Tells 5th Circ. $20M Data Hack Was A 'Publication'

Law360 (June 10, 2021, 5:57 PM EDT) -- A Fifth Circuit panel grappled Thursday with whether a credit card data breach involving Houston-based hospitality chain Landry's Inc. constituted a "publication" that would trigger its insurer's obligation to defend it in a $20 million lawsuit brought by JPMorgan Chase.

The three-judge panel launched a barrage of questions to determine how broadly to define "publication" in the case. Landry's argued for a wide-reaching meaning that included any transmission of data from one party to another, while the Insurance Co. of the State of Pennsylvania, or ICSOP, contended that publication required an intent to make the information publicly available.

If the panel...

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