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Recent Posts
- Virginia Court in Email ACH Funds Transfer Fraud Case Relies on NACHA Rules in Permitting Claims Against Bank
- Nevada Bench Trial Applies UCC in Allocating Loss Between Hacked Seller and Duped Buyer
- Salvatore Scanio’s Article on the NAIC Insurance Data Security Model Law Published by ABA’s Cybersecurity and Data Privacy Committee
- New York Court Rejects Cut Down of UCC Art. 4A’s 1-Year Notice Rule for Unauthorized Funds Transfers
- FinCEN Advisory Highlights Cybercriminals Exploiting COVID-19 Pandemic for Funds Transfer Fraud
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Category Archives: INSURANCE
Heller Sequels and 2nd Amendment, Still Undecided: Part 3
In Parts 1 and 2 of his recently-published article, “Heller Sequels and 2nd Amendment, Still Undecided: Part 1 (Law 360 Jul. 20, 2017) and “Heller Sequels and 2nd Amendment, Still Undecided: Part 2 (Law 360 Aug. 3, 2017), Mr. Ludwig … Continue reading
Posted in APPELLATE & CONSTITUTIONAL, INSURANCE, LITIGATION
Tagged 2nd Amendment, Abridged, Bear Arms, Constitutional Illiteracy, Constitutional Terms of Art, District of Columbia v. Heller, Gun Control, Gun Rights, Gun Violence, Infringed, Mass Oversights, Militia, Originalism, Robert W. Ludwig, Second Amendment, Textualism, U.S. Supreme Court
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Heller Sequels and 2nd Amendment, Still Undecided: Part 2
In the second segment of his article, “Heller Sequels and 2nd Amendment, Still Undecided: Part 2” (Law 360 Aug. 3, 2017), Robert Ludwig explores the roots of the Second Amendment, and in doing so shows how the Heller majority, relying … Continue reading
Posted in APPELLATE & CONSTITUTIONAL, INSURANCE, LITIGATION
Tagged 2nd Amendment, Abridged, Bear Arms, Constitutional Illiteracy, Constitutional Terms of Art, District of Columbia v. Heller, Gun Control, Gun Rights, Gun Violence, Infringed, Mass Oversights, Militia, Originalism, Robert W. Ludwig, Second Amendment, Textualism, U.S. Supreme Court
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Heller Sequels and 2nd Amendment, Still Undecided: Part 1
Almost a decade has passed since a bare (5-4) conservative majority of the Supreme Court struck down D.C.’s handgun ban and two centuries of law and legislative practice in District of Columbia v. Heller, 554 U.S. 570 (2008), implying in … Continue reading
Posted in APPELLATE & CONSTITUTIONAL, INSURANCE, LITIGATION
Tagged 2nd Amendment, Abridged, Bear Arms, Constitutional Illiteracy, Constitutional Terms of Art, District of Columbia v. Heller, Gun Control, Gun Rights, Gun Violence, Infringed, Mass Oversights, Militia, Originalism, Robert W. Ludwig, Second Amendment, Textualism, U.S. Supreme Court
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Federal Reserve’s Secure Payments Task Force Seeks Feedback on Payment Use Cases
The Secure Payments Task Force, convened by the Federal Reserve to advance the safety, security, and resiliency of the national payment system, is asking for feedback on a set of payment use cases which together map out the lifecycle of a … Continue reading
Posted in BANKING & FINANCE, CORPORATE, INSURANCE, LITIGATION
Tagged ACH, ACH Fraud, Card Not Present, Card PIN, Card Signature, Check, Check Fraud, Cybercrime, Data Breaches, EFT Fraud, Federal Reserve Secure Payments Task Force, Malware, Mobile Payment, Online Banking, Payment Card Fraud, Salvatore Scanio, SWIFT Fraud, Wire, Wire Transfer Fraud
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Cybercrime: Maximizing Opportunities and Minimizing Threats for Financial Institutions
On April 6, 2017, Sal Scanio presented at a webinar, Cybercrime: Maximizing Opportunities and Minimizing Threats for Financial Institutions. Sal joined panelists Alejandro Mijares, Manager, Risk Advisory Services, Kaufman Rossin, P.A., and Roy Zur, CEO and Founder, Cybint, in discussing … Continue reading
Posted in BANKING & FINANCE, CORPORATE, INSURANCE, LITIGATION
Tagged Account Takeover, ACH Fraud, Attorney’s Fees, Bank Customer Contract, Card Network Rules, Cybercrime, Cybercrime Reporting, Data Breaches, Data Security Breach Litigation, Deposit Account Agreement, EFT Fraud, Electronic Funds Transfer (EFT), EMV Chip Card, Malware, Online Banking, Payment Card Fraud, Salvatore Scanio, SWIFT Fraud, UCC Article 4A, Wire Transfer Fraud
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Behind Raging Battles over Guns and a Court Nominee: Constitutional Illiteracy
Robert Ludwig offers more legal and historical insights in response to the latest threatened shutdown, this time of the Supreme Court by Judiciary Committee Republicans who vowed not to hold hearings this year on any nominee to succeed Justice Antonin … Continue reading
The Second Amendment Still Undecided, Hiding in Plain View
Robert Ludwig offers new legal and historical insights in response to “The Gun Epidemic,” the first New York Times front-page editorial in a century, urging: “It is past time to stop talking” and start reducing or “eliminating some large categories … Continue reading
Payment Card Fraud, Data Breaches and Emerging Payment Technologies
In today’s cybercrime era, a cliché has evolved: there are two types of companies, those that have been hacked (or don’t know it yet) and those that will be hacked. According to Verizon’s 2015 Data Breach Investigations Report, across all … Continue reading
Posted in BANKING & FINANCE, CORPORATE, INSURANCE, LITIGATION
Tagged Apple Pay, Card Network Rules, Credit Card Liability, Cybercrime, Data Breaches, Data Security Breach Litigation, Debit Card Liability, EMV Chip Card, Encryption, Near Field Communication (NFC), Payment Card Fraud, Payment Card Industry (PCI) Data Security Standards, Prepaid Card Liability, Regulation E, Regulation Z, Salvatore Scanio, Tokenization
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Recent 11th Circuit Opinion in Financial Institution Bond Coverage Case Illustrates Definition of “Counterfeit”
As reported in our July 2014 post, “More Federal Decisions Highlight Need to Invoke Original Document Defense in Financial Institution Bond Cases,” several recent federal decisions have served as reminders of the importance of the original document requirement defense under … Continue reading
More Federal Decisions Highlight Need to Invoke Original Document Defense in Financial Institution Bond Cases
As reported in our September 2013 Newsletter, recent federal decisions in Michigan serve as instructive reminders of the need for insurers in Financial Institution Bond (FIB) cases to timely explore the availability of, and invoke, the original document requirement defense … Continue reading
Posted in BANKING & FINANCE, CORPORATE, INSURANCE, LITIGATION
Tagged Bank Fraud, Counterfeit Securities, Cybercrime, Declination Letter, EFT Fraud, Electronic Funds Transfer (EFT), Electronic Transmission, Financial Institution Bond (FIB), Insurance Coverage, Original Documents, Robert Ludwig, Salvatore Scanio, Waived Defenses, Wire Transfer Fraud
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