Conflicts In Circuits’ Approach To Email Scams Hold Lessons

Law360 (February 7, 2020, 4:19 PM EST) -- With unprecedented activity online, cybercrime is growing in frequency, sophistication and aggregate effect.[1] Despite the increased visibility of cybercrime, cybersecurity continues to lag behind this curve.[2] Cybercriminals abscond with nearly 1% of global gross domestic product each year.[3] This impact is only projected to increase — by one estimate, its impact will be $6 trillion per year by 2021.[4]

Significantly, many cyber losses are readily avoidable.[5] That does not mean, however, that courts have reached a consensus on whether avoidable and unavoidable losses should be treated differently in the context of civil litigation, including insurance coverage suits. As an example of...

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