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LEGAL ROUNDUP: GOOGLE HIT WITH ANOTHER LAWSUIT, UBER FACES NEGLIGENCE SUIT AND
MORE

Uber is hit with a $63 million negligence suit after a passenger was left
permanently disabled after a car accident.
By: Jared Shelly | February 3, 2022
Topics: Legal/Regulatory

GOOGLE ACCUSED OF PROFITING FROM ‘DARK PATTERNS’

The case: A consumer protection lawsuit filed by the District of Columbia, along
with similar suits filed by the attorneys general of Texas, Washington and
Indiana, accused Google of “deceptive and unfair practices to obtain valuable
consumer location data.”

The Washington Post reports that the four AGs “allege the company made
misleading promises about its users’ ability to protect their privacy through
Google account settings, dating from at least 2014.”

Using technology that’s deemed “dark patterns,” the search giant tracked
people’s locations “even after users tried to turn off the company’s tracking,”
reported the Wall Street Journal. The lawsuit claims that “Google’s business
model relies on constant surveillance of Google users,” and goes on to say that
the tech company “processes this data to draw inferences about users that it
monetizes through advertising.”

Scorecard: The case was recently filed and has not reached a resolution.

Takeaway: The latest legal actions stem from D.C.’s 2018 investigation into
Google’s tracking practices, and that same year, the Associated Press published
an investigation of the location technology.

“The privacy issue affects some two billion users of devices that run Google’s
Android operating software and hundreds of millions of worldwide iPhone users
who rely on Google for maps or search,” reported the AP. According to the Post,
“State and D.C. attorneys general from both parties are increasingly taking a
more active role by investigating and bringing legal challenges against tech
giants.”

$63M NEGLIGENCE LAWSUIT FILED AGAINST UBER

The case: After a passenger was left quadriplegic following a car crash, he
filed a negligence complaint against Uber in Boston’s Suffolk County Superior
Court, seeking a jury trial and $63 million in damages, according to the
Associated Press.

After 31-year-old William Good booked a ride home from his restaurant job, the
driver crashed into a parked car, causing Good to sustain injuries that
permanently disabled him, according to the filing, which states that Uber
“failed to appropriately screen, hire and supervise their driver, resulting in
severe and life-changing injuries to Mr. Good.”

Scorecard: The case was recently filed and has not reached a resolution.

Takeaway: Good “wants his experience to be a cautionary tale and a catalyst for
more oversight of the ride-hailing industry,” wrote The Boston Globe.

As detailed in the complaint, the Uber driver had “a dangerous driving history
dating back to 1996, including moving violations, crashes, at least 20
citations, and state imposed driver retraining,” according to The Globe. The
plaintiff’s attorneys say they “hope the lawsuit will catch the attention of
regulators and state lawmakers so they might crack down on transportation
companies.”

NORTH CAROLINA AG TAKES ON ROBOCALL ENTERPRISE

The case: A lawsuit brought by North Carolina Attorney General Josh Stein
accuses telecom company Articul8 of facilitating “millions of fraudulent and
illegal telemarketing calls and robocalls,” according to the filing, at a cost
to consumers of tens of billions of dollars per year. Stein seeks “hundreds of
billions of dollars,” according to the Associated Press. “The company either
knew or should’ve known that it was helping criminals try to defraud people,”
wrote The News & Observer.

Scorecard: The case was recently filed and has not reached a resolution.

Takeaway: From December 2020 to April 2021, “Articul8 helped suspected scammers
place more than 515 million robocalls,” according to the News & Observer. While
Articul8 is based in Texas, the NC AG says his state’s residents alone received
tens of millions of calls. Stein said that rather than go after the phone
scammers themselves, “the state is targeting the company that has been routing
their calls and making a good profit doing so.”

LOCKHEED MARTIN FACES FTC ANTITRUST SUIT

The case: The Federal Trade Commission, in its “first litigated defense merger
challenge in decades,” is taking Lockheed Martin to court in an effort to block
Lockheed’s $4.4 billion acquisition of Aerojet Rocketdyne Holdings.

Aerojet is “the only large, independent U.S. producer of engines for rockets and
missiles,” wrote the Wall Street Journal.

Lockheed is the world’s largest defense contractor. According to the antitrust
filing, “The proposed acquisition would reduce competition because it will
provide Lockheed with the ability and incentive to foreclose access to, or raise
its rivals’ cost for, the Critical Propulsion Technologies.”

Scorecard: The case was recently filed and has not reached a resolution.

Takeaway: When the Aerojet acquisition was announced in December 2020, some
defense contractors balked. Lockheed and Aerojet said they would continue to
supply parts to other contractors. But those guarantees were deemed insufficient
by the FTC and it “is challenging the acquisition in its own administrative
court, but also said it would file a complaint in federal court that seeks a
preliminary injunction to prevent Lockheed from closing the transaction,”
according to the WSJ.

Lockheed Martin and Aerojet still support the deal. &

Jared Shelly is a journalist based in Philadelphia. He can be reached at
riskletters@theinstitutes.org.

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SPONSORED CONTENT BY NATIONWIDE

HOW TO TACKLE THE RISING TIDE OF RANSOMWARE ATTACKS

As cyber criminals become increasingly more sophisticated in their mode of
attack and ransom demands spiral, so businesses need to be more proactive in
preventing an attack and dealing with its aftermath.
By: Nationwide® | October 1, 2021

Ransomware is the single biggest risk facing businesses today.

Such attacks are becoming increasingly prevalent as the criminals develop
ever-more sophisticated methods and attack vectors. Increasing digital
interconnectivity, and the use of mobile devices and the Internet of Things have
provided the hackers with more touch points to attack. As companies grow further
and faster than before, so too are they leaving themselves more exposed to these
cyber threats, which are only increasing in severity and frequency.

The problem is exacerbated for larger firms with legacy systems and networks or
those undergoing mergers or acquisitions. Certain industries, such as
manufacturing and many in the public sector, are also less well prepared for
these new types of attacks.

Driving this rising tide of ransomware attacks are nation-state sponsored
hackers from countries such as Russia and Ukraine, who have only one aim: to
causing maximum disruption. Such is their growth that they have now become an
industry in their own right, with the criminals hiring out their services or
acting as a broker to return for a cut of the profits.

The costs go far beyond the initial loss too: they extend to business
interruption, forensics, recovery and restoration costs from the event. Added to
that, ransom demands are increasing as the hackers target higher value
organizations.

“Gone are the days of limited seven-figure ransom demands,” said Tim Nunziata,
Associate Vice President and Head of Cyber Risk at Nationwide. “Now we’re seeing
multi-million dollar demands regularly.”

The effects of such attacks on businesses can be ruinous, not just operationally
and financially, but also reputationally — something many small and mid-sized
firms don’t have the wherewithal to deal with. In worst-case scenarios, they can
be forced out of business.

AN INDUSTRY-WIDE RISK

Tim Nunziata, Associate Vice President and Head of Cyber Risk, Nationwide

One key challenge is that claims are no longer confined to specific industries.

In the past, claims were largely limited to data privacy and network security
breaches, so therefore, sectors such as banking, healthcare and retail were more
likely to be targeted.

Now, any business could fall victim to a ransomware attack. Consequently, a more
collective approach to controls, policies and procedures is needed to counter
the problem.

Given the global nature of ransomware, consistent data privacy and security
regulation is a big issue. Particularly, in the U.S. where firms may be
operating in multiple states, each with their own legislation.

“One challenge the industry faces is the lack of consistency. Not only is it a low bar for
certain requirements and regulations, often times the bar wasn’t there a
few years ago,” said Nunziata.

The recent introduction of new laws aimed at setting the standard for
cybersecurity and data privacy practices has at least provided the framework for
a broader approach to tackling the problem. New York State Department of
Financial Services’ Cybersecurity Regulation, the California Consumer Privacy
Act, the European Union’s General Data Protection Regulation and China’s
Cybersecurity Law, all aim to step up cyber and data privacy.

Insurers are also reacting to the ransomware threat. The primary markets are
significantly increasing retention, raising rates by as much as 400% in some
areas, supplementing coverage, tightening terms and putting limits on certain
extensions.

“It was a soft market for a long time,” said Nunziata.

“But primary markets are increasing retentions substantially and restricting
certain coverage extensions, because the ransomware incidents have become more
common and complex.”

PREPARING FOR AN ATTACK

Businesses need to prepare for a ransomware attack by putting appropriate risk
management controls and policies in place. They must also have an incident
response plan, which includes secure and reliable backups on separate networks
that are updated regularly and data segmentation in the event of an attack.

Companies should be in regular contact with their insurer to discuss the risk
mitigation strategies they are taking to address the problem both before and
after an attack. They also need to work with their IT and network security, and
cybersecurity teams to constantly test and update their systems and protocols.

Given that ransomware attacks stem from unauthorized access to a system or data
and the fact that more staff are now working from home, organizations need to
focus on their management controls to ensure that access is restricted to only
those who need it to perform their duties. They also need to implement and
reinforce remote desktop working protocols.

“The majority of incidents are self-inflicted,” said Nunziata.

“Whether it’s social engineering or phishing, an employee clicks on a link that
takes them through to a website set up to capture their data or they work in an
unprotected network, the employee is an organization’s biggest vulnerability.”

THE CYBER INSURANCE SOLUTION

Companies, with the help of their broker, need to make sure that their insurance
is comprehensive enough to cover them in the event of an attack. Too often, they
assume that they will be covered under their property, liability, or crime
policies, yet, in reality, they aren’t.

Firms, therefore, need to have a standalone cyber insurance policy in place to
guard against potential exposure.

For those that have property and casualty policies too, insurers are now
explicitly stipulating in their terms whether cyber is included or excluded to
avoid any confusion and gaps or overlaps.

“As insurers examine increased loss history and claims data, they are able to
better assess and price for the risk, and provide the affirmative coverage the
client needs,” said Nunziata.

“That will translate into more comprehensive coverage at a rate which more
accurately reflects the risk and makes sense for the client.”

Nationwide has been at the forefront of cyber insurance for the last 10 years.
The company has built a portal that provides its brokers and clients with
training modules, news and updates on industry trends, and a business
interruption calculator to enable them to get a better understanding of the
risk, as well as access to a list of vendors in the event of an attack.

Nationwide’s Enterprise Cyber Insurance product is designed to improve
organizations’ cyber risk profiles. It provides policyholders with access to a
range of loss prevention tools and services, breach response and remediation
expertise, and an experienced claims team.

No matter how good your cybersecurity is, the criminals are always one step
ahead. That’s why you need to act now to make sure you are taking all the right
precautions to avoid an event happening in the first place.

“Network security and cybersecurity used to be just a conversation that
organizations would have,” said Nunziata.

“Now, they are doing everything in their power to protect customer data,
particularly in light of the rise in ransomware attacks, increased regulatory
scrutiny, and generally more aware and savvy customer base.”

For more information, visit
https://mls.nationwideexcessandsurplus.com/fs/products/cyber-and-professional-liability/.

ABOUT NATIONWIDE
AM BEST RATED A+ XV | S&P A+ | FORTUNE 100 COMPANY
PRODUCTS UNDERWRITTEN BY NATIONWIDE MUTUAL INSURANCE COMPANY AND AFFILIATED
COMPANIES. NOT ALL NATIONWIDE AFFILIATED COMPANIES ARE MUTUAL COMPANIES, AND NOT
ALL NATIONWIDE MEMBERS ARE INSURED BY A MUTUAL COMPANY. HOME OFFICE: ONE
NATIONWIDE PLAZA, COLUMBUS, OH. NATIONWIDE, THE NATIONWIDE N AND EAGLE, AND
OTHER MARKS DISPLAYED ON THIS PAGE ARE SERVICE MARKS OF NATIONWIDE MUTUAL
INSURANCE COMPANY, UNLESS OTHERWISE DISCLOSED. © 2021 NATIONWIDE MUTUAL
INSURANCE COMPANY.

This article was produced by the R&I Brand Studio, a unit of the advertising
department of Risk & Insurance, in collaboration with Nationwide. The editorial
staff of Risk & Insurance had no role in its preparation.

Nationwide, a Fortune 100 company, is one of the largest and strongest
diversified insurance and financial services organizations in the U.S. and is
rated A+ by both A.M. Best and Standard & Poor’s.

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