Delaware Supreme Court revives insurer claims in Blackbaud ransomware case

Under identical Solutions Agreements governed by New York law, Blackbaud had agreed to maintain administrative, physical, and technical safeguards, keep commercially reasonable information security procedures and standards in place, have a breach response plan ready, and provide 72-hour notice of any breach. Instead, the insureds alleged, Blackbaud failed to conduct an adequate investigation and shifted the burden onto them, handing out a “Toolkit” with instructions to complete their own investigations.

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