Small Utah Restaurant Challenges U.S. Bank and Elavon in State Court With Respect to Fines and Penalties Imposed as a Result of an Alleged Data Breach, Steve Cannon, Constantine Cannon
Cisero’s, a small family restaurant in Park City, Utah, has filed a counterclaim against U.S. Bank and Elavon, Inc., Cisero’s former acquiring bank and payment card processor, challenging the lawfulness of Elavon’s demand for indemnification from Cisero’s for fines assessed by Visa and MasterCard on U.S. Bank arising out of an alleged data breach at Cisero’s. Read more
 Protecting Your Company Against Loss or Liability Arising from Cyberattacks, by Scott N. Godes and Kenneth Berline Trotter
Does your company have insurance policies that will cover data breaches and cyber attacks? The hospitality industry is particularly vulnerable to data breaches and other cyberattacks. According to Willis Group Holdings, a British insurance firm, insurance claims for data theft worldwide jumped 56% last year, with a large number of those attacks targeting the hospitality industry. The report said the largest share of cyber attacks—38%—were aimed at hotels, resorts and tour companies. As just one example of these attacks, computer hackers broke into the computer system of a national hotel chain and stole the guests’ credit card information. This summer, the Secret Service informed the owner of a family-run Italian restaurant that a thief hacked into the communication system between the cash register and the credit card processing company, stole credit card numbers, and then used them to fraudulently make purchases across the United States. Businesses in the hospitality industry will continue to be attractive targets for hackers and data thieves, particularly since they obtain and maintain confidential data from consumers including countless credit card records. There are risks for companies well beyond the possibility of hackers stealing consumer data. Vital corporate data, whether it’s shared on the company’s servers or by third parties, may become inaccessible or even destroyed in a hacker attack. Managing such risk is critical to successful business operations. Read more
Industry Events
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 Don't miss the 2011 Trigild Lender Conference
October 19-21, 2011 |
San Diego, California
Now entering its eleventh year, the Trigild Lender Conference has consistently drawn key players in the commercial loan servicing industry. Spanning three days, the event features expert panelists who specialize in all areas of commercial loan recovery and tackle tough topics such as workouts of complex deal structures, foreclosures, receivership, rescue finance, and bankruptcy -- examining how these issues impact non-performing loans. The conference is designed to inform and enlighten attendees with highly valuable, current and thought provoking information.
Lawyers on the Move
Jeffrey Burnett is an accomplished franchise/corporate attorney with over 15 years of direct experience. In his most recent position with Wyndham Worldwide Corporation, he handled most legal matters impacting a large, multi-brand franchise company. These included, but were not limited to, state and federal franchise law compliance (including preparation of FDDs for the US and Canadian markets), negotiating and drafting commercial agreements of all kinds (including franchise and technology agreements), reviewing all advertising and marketing (including sweepstakes), providing everyday legal advice and counsel to 3 brands, as well as to Wyndham's loyalty program and global sales department.
Jeffrey is looking for an in-house franchise attorney position. For Jeffrey's resume, please click here. He may be reached at ajb101@verizon.net. |
