Judy Selby

Judy Selby has more than 20 years of experience in large scale first- and third-party complex insurance coverage matters, providing a full range of services from opinion work, claims counseling, broker liability, settlement negotiations, arbitration and all phases of litigation. She also has given presentations about U.S. insurance coverage litigation to international insurance companies, lectured on the Bermuda Form insurance policy and publishes frequently on cyber insurance for data breaches. She also has successfully negotiated insurance coverage for class action lawsuits, avoiding the need for litigation.

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“Like It” or Not, Big Data Decisions Affect Business Valuations

By Judy Selby and Melissa Kosack on Posted in Big Data
Over the past decade, we have witnessed the emergence of data-driven enterprises, with business models built on the acquisition, use and sale of data. Included in that group are some of the most highly valued companies in the world, such as Facebook and Google. We also have seen more traditional businesses become increasing data dependent, … Continue Reading

Legal Issues to Consider Before Starting Big Data Projects

By Judy Selby and Benjamin Barnes on Posted in Big Data
We read every day about the myriad of purposes for which enterprises are embarking on Big Data projects. Securing C-suite buy in and funding may be a significant endeavor, as is implementing an analytic approach to yield results that will achieve the project’s overall goals. In the face of those challenges, the legal and regulatory … Continue Reading

2014 Information Governance Year in Review

Photo of James A. ShererBy Judy Selby, James A. Sherer and Benjamin Barnes on Posted in Information Governance
2014 has been perhaps the biggest year Information Governance (“IG”) has seen. A relatively small and, if not unknown, at least undefined field only a few years ago has grown into an area of interest—and concern—to many organizations. The continued growth of data, the escalating threat of data breaches, the amazing ability to collect and … Continue Reading

Big Data Changes the Deal: Information Governance Should Now Be Incorporated Into Due Diligence for Corporate Transactions

Photo of James A. ShererBy Judy Selby and James A. Sherer on Posted in Big Data, Cybersecurity
Editor’s Note: We recently launched a graphic illustrating our Cyber Risk Mitigation Services. This week, our attorneys will be writing about specific examples of those services. The past few years have witnessed the unprecedented rise of Big Data. Fully 90 percent of today’s data was created over just the past two years. Businesses now double the … Continue Reading

Are you—or someone you love—a content hoarder?

Photo of James A. ShererBy Judy Selby and James A. Sherer on Posted in Information Governance
Hoarding is defined clinically as embodying “a persistent difficulty discarding or parting with possessions because of a perceived need to save them.” That accumulation occurs regardless of the actual value associated with the possessions, and often stands in stark contrast to what an outsider or “normal” person’s perception. The idea of accumulating vast quantities of … Continue Reading

Clapper Again Stymies Data Breach Class Action

By Judy Selby on Posted in Data Breaches, Online Privacy, Privacy Class Actions
Editor’s Note: This blog post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA again has been relied on by a federal district court to hold that the “mere loss of data” in a data breach case does not constitute an injury sufficient to … Continue Reading

Governing Big Data

By Judy Selby on Posted in Cybersecurity, HIPAA/HITECH, Information Governance, Information Security, Medical Privacy
Sources and volumes of data are growing exponentially.  Website clicks, social media, sensors, and card swipers are generating massive amounts of data every second.  More and more enterprises are beginning to collect and utilize this Big Data for all kinds of purposes, including improved business intelligence, targeted marketing and fraud detection.  With so much attention … Continue Reading

The Sedona Conference Hails the Advent of Value-Based Information Governance

By Judy Selby on Posted in Information Governance
Information Governance (IG) is emerging as one of the most important issues confronting organizations today, particularly in this age of Big Data and data breaches.  The influential Sedona Conference (Sedona) recently weighed in on this evolving dialog and released for public comment its Commentary on Information Governance (the Commentary).  Sedona has joined ARMA International and … Continue Reading

Once Again, Clapper Defeats Data Breach Class Action

By Judy Selby on Posted in Data Breaches, Identity Theft, Online Privacy, Privacy Litigation
Article III standing has once again proved to be an insurmountable hurdle for data breach class action plaintiffs whose personal information hasn’t been misused.  In Galaria v. Nationwide Mutual Insurance Co., an Ohio federal court relied on the United States Supreme Court’s decision in Clapper v. Amnesty Intern. USA, 133 S.Ct. 1138 (2013), and held … Continue Reading

Information Governance – The importance of putting your data house in order

Photo of James A. ShererBy Judy Selby and James A. Sherer on Posted in Information Security
This blog post is a joint submission with BakerHostetler’s Discovery Advocate blog. Information is the lifeblood of businesses today. As the volume of data continues to grow exponentially, intelligent governance of information is essential for enterprises to survive and thrive. Data security concerns, privacy, compliance requirements and the costs of ediscovery all militate toward implementation … Continue Reading

New Jersey Federal Court Applies Supreme Court’s Clapper Decision and Dismisses Data Breach Class Action

By Judy Selby on Posted in Privacy Class Actions
This blog post is a joint submisssion with BakerHostetler’s Class Action Lawsuit Defense blog. Relying in part on the recent United States Supreme Court’s ruling in Clapper v. Amnesty International, a federal judge in New Jersey dismissed a putative data breach class action against three healthcare entities and a vendor retained by each the entities.  … Continue Reading

Class Action Settlement Based on Voucher Payout Wins Preliminary Approval by California District Court

By Judy Selby on Posted in Privacy Class Actions
Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. On November 5, 2013, a California federal district court preliminarily approved a revised coupon-based class action settlement agreement between plaintiffs and OfficeMax (see Order Granting Preliminary Approval of Revised Class Action Settlement Agreemeent). As reported here in September, the court … Continue Reading

Call Me, Maybe? A Nationwide Survey of Insurance Coverage for TCPA Class Actions

By Judy Selby on Posted in Privacy Class Actions
Co-authored by: Zack Rosenberg Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations and limits the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and faxes. TCPA plaintiffs typically claim that they received unwanted calls, texts or … Continue Reading

Not Just Yet, Again…Class Action Plaintiff Fails in Second Bid to Access a TCPA Defendant’s Insurance Coverage

By Judy Selby on Posted in Privacy Class Actions
Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. On October 7, 2013, a Missouri federal court judge held that a class action plaintiff that alleged violations of the Telephone Consumer Protection Act (TCPA) lacked standing to seek coverage under the defendant’s insurance policies. Nationwide Mutual Insurance Company v. Harris Medical … Continue Reading

California Court Finds Advertising Injury Coverage is Triggered by Medical Information Data Breach

By Judy Selby on Posted in Data Breaches
Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. On October 7, 2013, a federal district court in California held that the Advertising Injury coverage in a comprehensive general liability policy issued by Hartford Casualty Insurance Company (Hartford) covered two class action lawsuits arising out of the disclosure of … Continue Reading

Google is No Cookie Monster, says Delaware Federal Court

By Judy Selby on Posted in Big Data
This post was co-authored by Julian D. Perlman and is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain internet browsers’ … Continue Reading

OfficeMax Class Action Zip Code Plaintiffs Again Seek Approval for Settlement and Attorney Fee Payment

By Judy Selby on Posted in Privacy Class Actions
Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. Lawyers representing a purported class of customers who accused retailer OfficeMax North America Inc. (OfficeMax) of illegally recording their zip codes tried again this week to gain court approval of a settlement deal agreed to with OfficeMax. Dardarian v. OfficeMax Inc., case … Continue Reading

Class Action Plaintiffs Lack Standing under Clapper to Sue Barnes & Noble for Credit Card Data Breach

By Judy Selby on Posted in Data Breaches, Payment Card Industry, Privacy Class Actions
Editors’ Note: This blog post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. Relying heavily on the Supreme Court’s recent Clapper decision, a federal court dismissed a class action lawsuit arising out of a “skimming” data breach against Barnes & Noble (BN). In re Barnes & Noble Pin Pad Litigation, Case # 12-cv-8617 (N.D.Ill. … Continue Reading

Second Circuit Rejects Strict Liability But Imposes Reasonable Care Standard on Disclosure of Personal Motor Vehicle Information

By Judy Selby on Posted in Information Security
In a lengthy opinion that closely examined the legislative history of the Driver’s Privacy Protection Act (DPPA), the Second Circuit refused to impose strict liability on data brokers and resellers of personal information sourced from motor vehicle records. Eric Gordon v. Softech, et al., 12-661-cv (2d Circuit July 31, 2013). The court did hold, however, … Continue Reading

Seventh Circuit Denies 26(f) Relief Allowing A Potentially Massive Privacy Class to Proceed to Trial in Harris v. comScore

By Judy Selby on Posted in Privacy Class Actions
This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. As reported here in April, an Illinois federal district court certified a privacy class that could number tens of millions of plaintiffs in the case of Harris v. comScore. The plaintiffs claimed that comScore, an online data research company, violated the Stored Communications … Continue Reading

Illinois Supreme Court Finds Insurance Coverage for TCPA Claims under Traditional Liability Policies

By Judy Selby on Posted in Privacy Class Actions
This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. The Illinois Supreme Court held on May 23, 2013, that claims based on alleged violation of the Telephone Consumer Protection Action (TCPA) are covered under traditional general liability policies.  Standard Mut. Ins. Co. v. Lay,  2013 IL 114617 (Ill. 2013).  In so … Continue Reading

Cyber Criminals’ Menu Features the Food & Beverage Industry; Steps to Protect Your Business

By Judy Selby on Posted in Data Breaches, Payment Card Industry
2012 was a challenging year for the Food and Beverage (F&B) industry. In addition to increased government regulation, rising food prices and relatively slow growth trends, the industry once again was a favorite target of cybercriminals. According to the 2013 Trustwave Global Security Report, cyberattacks on F&B enterprises comprised 24% of attacks in 2012, second … Continue Reading
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