Dustin Dow

When a Published Data Breach is a Covered Data Breach

By Dustin Dow on April 19, 2016 Posted in Data Breach, TCPA

Can an inadvertent Internet posting of a patient’s medical information trigger insurance coverage for liability stemming from a data-breach class action? The Fourth Circuit held last week that it can, and it added to the growing body of case law construing what “publication” means in the context of whether class liability is covered by commercial … Continue Reading

After Standard Fire Uncertainty Continues About the Legal Certainty Standard for CAFA Removal in California District Courts

By Dustin Dow on June 13, 2013 Posted in Class Action Fairness Act

Of all the recent landscape-shifting opinions the Supreme Court has issued in the class-action arena, perhaps none appear as straightforward as Standard Fire Insurance Co. v. Knowles, 133 S.Ct. 1345 (2013). Recall that in Standard Fire the Court laid down an explicit rule that a putative class-action plaintiff’s stipulation to seek damages of less than … Continue Reading