Trend Watch: Current state of play – data breach class actions

The 2021–2022 Optus and Medibank cyber incidents have sparked an uptick of litigation in the data breach and privacy class action space, raising important questions for the trajectory of similar matters going forward. In the second instalment of our Trend Watch video series, Cyber, Privacy + Technology partner Nicole Gabryk and Commercial Litigation special counsel […]

Current landscape of cyber sanctions in Australia – October 2024

By: Kieran Doyle, Nicole Gabryk, Rakhee Dullabh and Rebecca Wilson At a glance In early October 2024, Australia imposed sanctions on three Russian nationals linked to the Evil Corp cybercrime group. The Cyber Security Bill 2024 aims to strengthen Australia’s defences against ransomware and cyber threats. Businesses must seek legal guidance to ensure compliance with […]

Cyber, Privacy + Technology Report – Issue 9, September 2024

By: Kieran Doyle, Nicole Gabryk, Stephen Morrissey, Joseph Fitzgerald, Amanda Beattie, Nick Martin, Rakhee Dullabh, Christy Mellifont, Rebecca Wilson, Jonathon Ferraro and Natasha Chand We are delighted to share Issue 9 of our Cyber, Privacy + Technology Report – our quarterly wrap-up of relevant news for insurers, brokers and their customers doing business in Australia […]

CrowdStrike and contractual limitation clauses

By: Stephen Morrissey, Nick Martin and Christy Mellifont At a glance After a software update by cybersecurity firm CrowdStrike caused a global outage, legal experts in the US have speculated the company is protected from paying customers’ losses due to a contractual limitation of liability clause in its standard terms and conditions. In this article, […]

Get to know Thomas Cavanagh, new partner and financial services specialist

What made you decide to become a lawyer? Other than the usual desire to argue a point with everyone and shows like Boston Legal (aged very poorly, I know), I like the fact that the law is not actually made up of rigid principles but rather can be moulded to suit particular circumstances, and that’s […]

The IT professionals claims landscape in 2023

Claims against IT professionals following cyber events continue to be on the rise. Businesses including managed services providers (MSPs) and cloud services providers (CSPs) that are responsible for hosting data on behalf of their clients continue to be common targets for cyber criminals. While MSPs and CSPs are not always the direct victims of a […]

Recent NSWCA decision highlights cost of IT liability risk

Renown Corporation Pty Ltd v SEMF Pty Ltd [2022] NSWCA 233 A recent NSW Court of Appeal (NSWCA) decision, Renown, highlights the potential for IT providers that breach supply and installation contracts – and their insurers – to end up paying out higher damages awards. Notably, the NSWCA found that the proper measure of damages […]

Cyber, Tech and Data Risk Report – Issue 4, December 2022

We are delighted to publish Issue 4 of our Cyber, Tech and Data Risk Report, which is our final wrap-up of relevant news for insurers, brokers and their customers doing business in Australia and New Zealand in the cyber, tech and data fields for the year. In this month’s report, we look at a range […]

Navigating the high cost of data breaches in the new cyber legal landscape

Recent major cyber incidents and associated data breaches in Australia, particularly those involving Optus and Medibank, have triggered a maelstrom of breach, policy and legislative developments. The Australian Government has taken swift legislative action to increase the consequences of data breaches by amending the Privacy Act 1988 (Cth), and has indicated there will be an […]

Cyber, Tech and Data Risk Report – Issue 3, September 2022

In this month’s issue of Wotton Kearney’s Cyber, Tech and Data Risk Report, we provide a wrap-up of cyber, tech and data risk news for insurers, brokers and their customers doing business in Australia and New Zealand. We also share some relevant articles from our Legalign Global partners around the world. In this issue, we […]