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As a service to Jenner & Block's clients and the greater legal community, the firm's Insurance Recovery and Counseling practice maintains online resource centers that offer the latest case law and other developments.
Jenner & Block will update this web page with new developments and items of interest as they become available.
Unlike traditional computer-hacking attacks, which generally involve criminals who gain unauthorized remote access to a computer system, sophisticated phishing schemes rely on human interaction; such schemes commonly involve a criminal who holds herself out as the agent of a legitimate business in order to gain access to another entity's funds or data. In response to policyholders' attempts to seek coverage for these types of phishing attacks under traditional computer crime and fraud policies, a growing number of courts have narrowly interpreted these policies' causation language to require that the loss result directly from a computer fraud, without any intervening acts such as an employee acting at the direction of a cybercriminal.