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Privacy Class Actions Arrive in Australia

Global litigation funder IMF Bentham Ltd (IMF) has launched a representative complaint with the Office of the Australian Information Commissioner (OAIC) seeking, amongst other things, financial compensation for alleged breaches of the Privacy Act 1988 (Cth) by Facebook Inc (Facebook). The action relates to unauthorised access to over 87 million Facebook users’ data by political … Continue reading

AI and Insurance: Planning for an intelligent future

The insurance industry is looking at the means to develop new business models that rely on the mining of large data sets in order to identify customers, price risk and analyse claims. Not only does the application of artificial intelligence (AI) have the potential to reduce costs by reducing headcount, it also has the potential … Continue reading

Brave New World – Unfair Insurance Contracts?

When on 18 December 2017 the Commonwealth Government announced its intention to extend unfair contract term provisions to insurance contracts, the industry collectively held its breath. Of course with the Hayne Royal Commission having commenced 14 December it seemed unlikely anything further would happen during 2018. However, not being predictable, on 27 June 2018 the … Continue reading

 Cyber aggregation risk – the elephant in the cyber room

  Although cyber insurance is seen as one of the biggest opportunities in insurance and reinsurance right now, the risks to insurers and insureds could be equally large. One significant threat is ‘cyber risk aggregation’. What is ‘cyber risk aggregation’? Risk aggregation in the insurance industry refers to multiple claims being generated by the same … Continue reading

International Women’s Day 2018 – Messages from Elizabeth Broderick

The theme for this year’s International Women’s Day “Press for Progress.” With global activism for women’s equality fuelled by movements like #MeToo and #TimesUp, and the World Economic Forum’s 2017 Global Gender Gap Report finding that gender parity is still over 200 years away, we need to stay motivated and continue to #PressforProgress. Last week, … Continue reading

The Inter-Generational Divide – Turning Risk into Opportunity

  Norton Rose Fulbright Australia’s Insurance team recently hosted a panel discussion which explored the intergenerational divide in the workplace.  The panel explored what the differing values, communication styles and work habits of each generation mean for the insurance industry, and considered multigenerational risk through the prism of loyalty, leadership, innovation, corporate social responsibility and … Continue reading

Mandatory Data Breach Notification – OAIC provides additional information

The Notifiable Data Breaches scheme (NDB scheme) takes effect in Australia in less than a month – organisations must comply with the scheme from 22 February 2018. In preparation for the introduction of the NDB scheme, the Office of the Australian Information Commissioner (OAIC) has provided an update and published its fact sheets in final … Continue reading

What Australia’s new data breach notification law means for privacy and serious harm

Despite unprecedented levels of privacy breaches and ongoing debate, there is still no statutory regime or binding common law in Australia that establishes a cause of action for breach of privacy.  However, the upcoming introduction of the mandatory data breach notification law, the Privacy Amendment (Notifiable Data Breaches) Act 2017 – which takes effect on … Continue reading

Season’s Greetings

Season’s Greetings from the insurance team at Norton Rose Fulbright. We’ll be taking a break from blogging over the holiday period.  But we’ll be back next year to keep you up-to-date with the latest legal and industry developments across the insurance industry. This will include content from our annual thought leadership event:  The Inter-Generational Divide: … Continue reading

Norton Rose Fulbright/Henry Davis York combination now official

We are excited to announce that Norton Rose Fulbright and leading Australian law firm Henry Davis York have now officially combined, to be known as Norton Rose Fulbright in Australia. Together, we have created one of Australia’s largest and most dynamic providers of legal services. The combination further expands our market-leading insurance capabilities.  We now … Continue reading

Insurance: necessary evil or social good?

In Ireland, AIG recently cancelled the policies of numerous young drivers who persistently exceeded the speed limit.  In New York, property and casualty insurer Lemonade has announced changes to their policies following the tragic Las Vegas massacre.  And in Sweden, Skandia has developed an underwriting model to reduce long-term sick leave for corporates. What do … Continue reading

Another hot topic for insurers – is combustible cladding the next big risk?

What are the legal and insurance implications of the recent furore regarding cladding in Australia? This was considered at a Norton Rose Fulbright panel discussion, “What does the future hold for cladding in Australia?”, by partners John Moran, Emmanuel Confos and Katherine Morris, and Christina Knorr, Chief Fire Engineer at Stephen Grubits & Associates. The … Continue reading

Self-driving vehicles: hands on or hands off?

90% of road accidents are attributable to driver mistakes.  Yet, as Dr Mark Rosekind – Chief Security Innovation Officer at autonomous technology start-up Zoox, and Administrator of the US National Highway Traffic Safety Administration under President Obama – recently commented,  “self-driving cars will not speed, or get drunk, or get drowsy, or make bad decisions”. … Continue reading

Millennials don’t have time for breakfast – so what do they have time for?

This was the topic of a panel discussion at Dive In 2017, the festival for diversity and inclusion in insurance. On 28 September 2017, panellists James Harmer (JLT), Nikki Heald (Corptraining) and Demetrio Zema (Law Squared), along with moderator Reece Corbett-Wilkins (Norton Rose Fulbright), discussed how the next generation of professionals will change the landscape … Continue reading

Dive In 2017: D&I as a client acquisition strategy

“Our clients aren’t just expecting that we engage with diversity & inclusion issues. Our clients are now demanding that we build truly diverse teams,” said Tricia Hobson, Partner and Chair of Norton Rose Fulbright, speaking at Dive In 2017 – the festival for Diversity & Inclusion in Insurance. At Dive In’s Innovation Through Diversity session, … Continue reading

Dive In 2017 – only days away

Dominic Christian, Chair of Inclusion @Lloyd’s and CEO of Aon, UK, recently wrote: “Our world, as we know it, is growing ever more complex and uncertain with threats as diverse as climate change and cyber crime. Keeping pace with the rate of change from a risk perspective is a challenge that needs the brightest and … Continue reading

Top 5 Tips for responding to a Data Breach

With mandatory data breach notification legislation shortly coming into effect, timing will become critical when it comes to responding to incidents. Come 22 February 2018, organisations and agencies subject to the Privacy Act 1988 will be required to conduct an assessment of whether an eligible data breach has occurred within 30 days of becoming aware … Continue reading

Game of Drones – what does the rise of the drone mean for insurers?

Unmanned aerial vehicles (UAVs), remotely piloted aircraft (RPAs) or drones – however you choose to refer to them, are big business. They’re being used increasingly in the commercial world – from mining and agriculture, to tourism, sports and entertainment. But that’s not all. Your ten year old niece or nephew probably has one which they … Continue reading

The ABCs of legal writing

Immortalised in the George and Ira Gershwin song “Let’s call the whole thing off” is the disparaging of different approaches to pronunciation; “You like potato and I like potahto, You like tomato and I like tomahto, Potato, potahto, tomato, tomahto!” According to Wikipedia, the Gershwin song intentionally uses a non-standard pronunciation as an exaggeration of … Continue reading

What makes the transport industry so vulnerable to cyber-attacks?

Danish shipping giant Maersk has reported that the recent cyberattack which shut down its computer systems has cost a massive USD200-300 million in lost revenue, due to business interruption. Maersk is one of the world’s top two shipping lines, holding approximately 18% of the global container trade market. The ‘Petya’ / ‘NotPetya’ cyber-attack hit Maersk … Continue reading

First ‘WannaCry’ and now ‘Petya’ – Just another day in the office (unless you have been impacted)

Just when we thought we had seen the back of ‘WannaCry’, on 28 June 2017 news broke of yet another large scale ransomware outbreak spreading its way across networks throughout the globe. Although it is early days, this is what has been reported so far: The ransomware, known as ‘Petya’, was first reported in Ukraine … Continue reading

Why I did a Jawun secondment

As an insurance lawyer, my day job requires me to engage with insurer clients, insureds and combative co-litigants.  Unfortunately, this reality means there is little room to build a strong sense of social conscience.  I would venture to say that I am not alone among my colleagues in admitting that, at times, I am overcome … Continue reading

Marketing Class Actions: A New Frontier

A new type of product claim is emerging in the Australian class action market; one which has been part of the US class action landscape for many years. Unlike previous product class actions where the safety of the product was typically in issue, the new product claims focus on statements/ representations made in the marketing … Continue reading
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