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SJC Agrees To Decide Whether Insurers May Recoup Defense Costs

Oct 12 2017
Morrison Mahoney Partner and MassDLA Insurance Law Co-Chair Michael F. Aylward analyzes the Supreme Judicial Court's announcement that it will review an insurer's right to recoup defense costs where the insurer is later found not to have owed a duty to defend in Holyoke Mut. Ins. Co. v. Vibram USA, Inc.

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U.S. District Court Dismisses FTC’s D-Link Unfairness Claim in Enforcement Action

Oct 2 2017
Morrison Mahoney partner Robert A. Stern discusses a recent U.S. District Court decision in FTC v. D-Link that may call into question the FTC’s ability to maintain cybersecurity enforcement actions under the unfairness practices prong of the unfairness doctrine against organizations that have security flaws in their products that leave consumers’ data at risk, but has not resulted in a data breach or actual harm to any consumers.

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