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FROM THE CURRENT ISSUE

Data Security

Future of Data Breach Class Actions After 'Anderson'

By John F. Mullen and Francis X. Nolan IV

Regardless of whether courts dismiss for lack of standing, lack of cognizable injury, or both, the fact remains that data breach cases do not pass judicial muster. Given the ongoing (but eroding) reluctance by federal courts to allow plaintiffs to proceed, a recent Court of Appeals decision raises questions regarding the strength of these defenses.

SPONSOR SPOTLIGHT

Insurance

Maximizing Insurance Coverage Due to Supply Chain Disruptions

By Nicholas J. Zoogman and Jeremy M. King

A review of Contingent Business Interruption insurance, which can mitigate potentially enormous losses when a company cannot acquire materials it needs to meet its production capacity, and its limitations, typically that the coverage only applies when it is a direct supplier that has been damaged and that damage must be caused by a peril the policyholder is also covered for.

FROM THE PREVIOUS ISSUE

Attorney-Client Privilege

Foreign In-House Counsel Communications

By Michael Campion Miller and Richard Rondoux

A discussion of the the disparate treatment afforded in-house counsel communication under U.S., French and EU law, the standards applied by U.S. courts in deciding which country's law to apply, and steps that foreign companies might take to reduce their exposure to compelled production of their in-house counsel communications.

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Contract Law

Drafting Waiver of Consequential Damages

By Lawrence Hsieh

The scope of consequential damages, its place in the panoply of contract damages, and ways typical drafting may not reflect the actual intention of the parties had they fully understood the differences between the categories of damages.