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Join me for the ABA Insurance Coverage Litigation Committee’s 2013 Annual CLE Seminar in Tucson, Arizona!

Posted on January 14, 2013 by Scott Godes Leave a comment

Winter got you down? Want to get away to someplace warm and dry? Do you want to learn about insurance coverage, mingle with insurance coverage practitioners, and get continuing legal education (CLE) credits while you are enjoying the weather? Of course you do. Insurance coverage is crucial at any time, and you know that insurance coverage during the economic downturn is essential. And if you are an attorney licensed in a jurisdiction that requires CLE credits, aren’t you always on the lookout for high quality legal education seminars that will help you meet your CLE annual requirements?

If you said yes to any of those questions, then you’ll want to join me in Tucson, Arizona at the Loews Ventana Canyon Resort for the ABA’s 2013 Insurance Coverage Litigation Committee (ICLC) CLE seminar, from February 28 through March 2, 2013 in Tucson, Arizona.

Here’s what the ABA ICLC says about the seminar:

Please join the nation’s top insurance and policyholders’ counsel and other industry leaders at the Insurance Coverage Litigation Committee’s 25th Anniversary CLE Seminar at the Loews Ventana Canyon Resort in Tucson, Arizona starting on February 28 through March 2, 2013. This year’s program will feature high-quality presentations and valuable networking opportunities as prior ICLC programs. Our program chairs Suzan Charlton and Rahul Karnani and vice chairs, Anna Torres and Jim Cooper have put together a great program touching on multiple hot topics that are sure to touch upon your practice, and cutting edge trial techniques. Please look for the brochure shortly and be sure to reserve you room quickly. If you missed last year’s meeting, you will certainly enjoy the amenities at the Loews including its hiking trails, pool side bar and restaurant, spa and golf course. We look forward to seeing you in Tucson.

You ABA Section of Litigation Insurance Coverage Litigation Co-Chairs,

Ronald L. Kammer and Sherilyn Pastor

I will be speaking at a roundtable discussion about cyber legislation and regulation, and insurance coverage for those issues. Will we discuss issues such as the Securities and Exchange Commission’s (SEC) Corporation Finance’s Disclosure Guidance Topic No. 2, Cybersecurity and insurance coverage in light of that guidance? Come to the session and find out!:

Friday, March 1, 2013
12:35 pm – 2:00 pm

Cyber Legislation and Regulation: The Full Employment for Lawyers Acts.

Speakers:

Scott N. Godes

Rick Bortnick

Elissa Doroff

Interested in attending? Then head on over to the ABA’s website to register. If you’re looking for the reservations page for the event on the Loews Ventana Canyon hotel website, you can find it by clicking here.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2013.

My Co-Authored Chapter, “Helping Clients Evaluate Their Cyber Risks” Just Published In “Understanding Developments in Cyberspace Law, 2012 ed.”!

Posted on July 13, 2012 by Scott Godes One comment

I’m happy to announce that the chapter that I co-authored with Mike Tomasulo, who practices intellectual property law in our firm‘s Los Angeles office, was published in “Understanding Developments in Cyberspace Law, 2012 ed.: Leading Lawyers on Analyzing Recent Trends, Case Laws, and Legal Strategies Affecting the Internet Landscape (Inside the Minds) New Edition.”

Here is a brief overview of what’s in the book, Understanding Developments in Cyberspace Law, 2012 ed.: Leading Lawyers on Analyzing Recent Trends, Case Laws, and Legal Strategies Affecting the Internet Landscape (Inside the Minds) New Edition:

This Aspatore legal title provides an authoritative, insider’s perspective on recent cases and legislation that are influencing the Internet. Written by partners from some of the nation’s leading law firms, this book examines current issues such as privacy, intellectual property, and data security. From mobile commerce to social media, these experts analyze the ways in which cyberspace demands new legal perspectives. In addition, these top lawyers discuss e-discovery issues and the best methods for helping clients protect themselves in a rapidly growing electronic environment.

For more information on the entire book, please check out the Summary of Contents.

Here is an excerpt from the introduction to our chapter:

Due to the increasing implementation of connected computer systems, courts and legislators around the world are creating Internet law, also known as cyber law, on a daily basis. . . . Among many issues in cyber law, property rights are one of the most conceptually challenging issues that attorneys must assist their clients with. . . .

The chapter discusses multiple cyber-related topics, including:

I. Trends in Cyberspace Law

II. Legislation and Rulings Impacting Cyber Law Issues

III. The Intersection of Insurance and Cyber Risks

IV. Patent Issues and Litigation in Cyberspace

V. Contracting in Cyberspace Media

VI. Understanding Cyber Law in Other Jurisdictions

We conclude the chapter with some key takeaways for companies facing these risks.

Here are more details about the book, click here. Ordering information is below:

ISBN-13: 9780314285249

Last Updated: 6/29/2012

Availability: In Stock

Product Details »

Shipping: FREE Ground Shipping »

List Price:

$90.00

Disclaimer:

Harsco Litigation Counsel Joins the Faculty for the Additional Insured and Indemnification Issues Conference – May 11, 2012 in New York City.

Posted on March 27, 2012 by Scott Godes 2 comments

I am happy to announce that we have added some terrific panelists and speakers to the Additional Insured and Indemnification Issues Conference on May 11, 2012 in New York City, hosted by my good friends at HB Litigation Conferences. Here’s the update from HB:

Samuel Romaninsky, Senior Litigation Counsel for Harsco Corporation – a multinational industrial company based in Camp Hill, PA – will speak on HB’s Additional Insured and Indemnification Issues Conference on May 11, 2012, in New York. Mr. Romaninsky joins a panel discussing “Practical and Strategic Differences Between Contractual Indemnification and Additional Insured Coverage,” along with attorneys Carrie Raver of Barnes & Thornburg LLP, Yale Glazer of Lazare Potter & Giacovas LLP, and Christopher Murray, Claims Counsel in the Construction Risk Management Group at Chartis.

Harsco provides products and services to a variety of industries, including the construction, steel, and rail industries. Harsco’s diverse business lines give rise to a wide array of legal issues related to coverage as an additional insured and under wrap up policies and defense and indemnity obligations. Before joining Harsco, Mr. Romaninsky worked in private practice in Washington, DC.

HB’s Additional Insured and Indemnification Issues Conference will be held May 11, 2012 at Thomson Hall, 195 Broadway, New York, NY 10007, and will also be available via live webcast. The seminar is chaired byTimothy E. Delahunt, a partner at Kenney Shelton Liptak Nowak LLP and Scott Godes, [formerly] counsel at Dickstein Shapiro LLP.

For registration or additional information, contact Brownie Bokelman at 484-324-2755 x212.

Follow conference updates on LinkedIn Events.

Disclaimer:

Note: as a speaker at the conference, I will not be charged a fee related to the conference.

Samantha Drake quotes me in her article, “Indemnification Agreements: Who Benefits From Your Coverage?”

Posted on March 6, 2012 by Scott Godes 2 comments

In her article, Indemnification Agreements: Who Benefits From Your Coverage?, author Samantha Drake writes about insurance coverage, indemnity agreements, and additional insureds.

The article opens:

Shifting financial liability through contractual apportionment of risk is nothing new. But issues such as the scope of indemnity, choice of law and naming additional insureds adds so many potential wrinkles to an already complex area in which attorneys must be sure to do their homework.

The article discusses the points raised in a “recent panel entitled ‘Additional Insured Issues and Indemnification Agreements'” in which I spoke, “along with Timothy E. Delahunt, of Kenney Shelton Liptak Nowak LLP and Adam M. Shienvold, of Eckert Seamans Cherin & Mellott LLP. HB Litigation Conferences produced the panel.” Ms. Drake quoted me in the article, writing:

Indemnification agreements are “something with which people have a lot of familiarity, at least in concept, but in terms of practice the law has a lot of variations,” said Scott Godes [formerly] of Dickstein Shapiro LLP.

Ms. Drake also noted my discussions of exceptions to exclusions within insurance policies for contractual liability, including exceptions for insured contracts. She also provided an overview of the supplementary payments clause found in commercial general liability insurance policies (CGL policies).

Want to read the other opinions and thoughts offered on the subject? Then click on over to Indemnification Agreements: Who Benefits From Your Coverage? to read the entire article.

Disclaimer:

Join me at the 2012 NetDiligence® Cyber Risk & Privacy Liability Forum.

Posted on March 1, 2012 by Scott Godes 2 comments

My good friends at HB Litigation Conferences present:

NetDiligence® Cyber Risk & Privacy Liability Forum
June 4-5, 2012| Hyatt at the Bellevue, Philadelphia, PA

I’ll be a speaker on a panel discussing the “State of the Cyber Nation – Cases, Theories, and Damages”:

State of the Cyber Nation – Cases, Theories, and Damages
•Is actual harm still needed?
•Statutory framework – CMIA litigation, Video Protection Privacy Act, and the Driver’s Privacy Protection Act
•Notable recent cases and their impact
•Current theories of liability and claims alleged
•How to present damages in this era
•How to minimize the chance of litigation after a breach and settlement opportunities
•More sophisticated defenses
•Identity Theft Restoration Act-suing hackers? How federal courts may change the game
•Medical disclosure cases and how they fit into the mix
•Developments in insurance coverage for cyber and privacy risks

Theodore Kobus III, Esq., Baker & Hostetler LLP (Moderator)
John Mullen Sr., Esq., Nelson Levine de Luca & Horst, LLC
Scott Godes, Esq, [formerly] Dickstein Shapiro
Jamie Sheller, Esq., Sheller P.C.
Mark Camillo, Chartis Insurance
Ben Barnow, Esq., Barnow & Associates, P.C.

Take a look at the full agenda by clicking here. And you can register online by clicking here.

Disclaimer:

Note: as a speaker at the conference, I was not charged a fee to attend the remainder of the conference.

Join me for the IRMI Cyber & Privacy Risk Conference.

Posted on February 28, 2012 by Scott Godes One comment

IRMI Cyber & Privacy Risk Conference. Mark your calendar to join us in Baltimore, MD on May 16-17, 2012.

Noted cybersecurity, homeland and national security expert Richard A. Clarke will deliver the keynote address.

Discussing the last IRMI Cyber & Privacy Risk Conference, IRMI notes:

This past July in San Francisco, 100 risk managers, underwriters, agents and brokers attended the first IRMI Cyber & Privacy Risk Conference.

These industry thought leaders came away with a greatly improved understanding of how to identify, contractually transfer, and insure liability risks arising from the use of technology and the Internet in business. Many networking opportunities were provided to build relationships with leaders in cyber and privacy risk management and insurance.

My session will be:

Wednesday, May 16, 10:45 a.m. – 12:15 p.m.

The Cyber Risk Regulatory and Legal HorizonAs the web of laws and regulatory requirements increases, managing the risks of cyber security becomes even more challenging. On top of the multitude of state laws, the SEC recently released reporting requirements and Congress is set to take up a number of bills during 2012. This workshop will provide an overview the range of laws and regulations in place and explore the new legislative developments affecting cyber insurance and risks, as well as the reporting requirements issued recently by the SEC.

Panelists:

Scott N. Godes, Counsel in the Insurance Coverage Practice, [formerly] Dickstein Shapiro LLP

Jacob Olcott, Principal, Cybersecurity, Good Harbor Consulting, LLC

Tim Stapleton, Assistant Vice President and Professional Liability Product Manager, Zurich North America

Other Panelists To Be Announced

Interested in attending? Then head on over to the RIMS 2012 website to register.

Disclaimer:

Note: as a speaker at the conference, I will not be charged a fee related to the conference.

Join me for the Additional Insured and Indemnification Issues Conference – May 11, 2012 in New York City.

Posted on February 13, 2012 by Scott Godes 3 comments

Is your company an additional insured under another company’s insurance policies? Does your company issue certificates of insurance? Do you deal with indemnity agreements? Do you know whether indemnity agreements are covered by insurance? Would you like to learn the answers to these questions? Of course you would.

You’d like to hear about this from a commercial litigator and insurance coverage attorneys, wouldn’t you?

Plus, you’d like CLE credit for listening, including CLE ethics credit, wouldn’t you?

Well, say no more!

If you’re looking for all of that and more, organized and hosted by my good friends at HB Litigation Conferences, please join me for the Additional Insured and Indemnification Issues Conference: Other People’s Money Conference, as detailed by HB:

HB Litigation Conferences is pleased to announce the Additional Insured and Indemnification Issues Conference: Other People’s Money will be held Friday, May 11, 2012, at Thomson Hall in New York. The seminar is chaired by Timothy E. Delahunt, a partner at Kenney Shelton Liptak Nowak LLP and Scott Godes, [formerly] counsel at Dickstein Shapiro LLP.

The recently released Additional Insured and Indemnification Issues Conference agenda features sessions on Triggering The Duty To Defend Under Additional Insured Coverage; Scope Of The Duty To Indemnify Under Additional Insured Endorsements; Priority Of Coverage Where Additional Insured Coverage Exists; Practical And Strategic Differences Between Contractual Indemnification And Additional Insured Coverage; Ethical Considerations Particular To Additional Insured Coverage: Conflicts, Privilege And Confidentiality.

The event is sponsored by Dickstein Shapiro LLP. For additional sponsorship opportunities, contact Jeanne Billings at 484-580-8241 or jeanne.billings@litigationconferences.com.

Early bird registration – $100 off – is available through February 24, 2012. HB offers complimentary registrations* to in-house counsel and 50% off registrations* for their teams of outside counsel. Space is limited so register ASAP.

For additional information or to register, contact Brownie Bokelman at 484-324-2755 x212 or brownie.bokelman@litigationconferences.com.

*Discounts valid on new registrations only and cannot be combined with any other offer. Space is limited for in-house counsel complimentary registrations and 50% off discounted registrations for outside counsel. One complimentary registration per company.

Disclaimer:

Note: as a speaker at the conference, I will not be charged a fee related to the conference.

Join me for RIMS 2012 Annual Conference & Exhibition in Philadelphia!

Posted on December 29, 2011 by Scott Godes One comment

Looking for a fantastic seminar devoted to risk and insurance? Are you a risk manager? Are you part of the insurance industry? Are you someone who helps companies get their claims covered and paid (that’s me! that’s me!)?

Of course, then, you want to attend a risk management seminar with “no boundaries.” Well, look no further. “No boundaries” is how RIMS describes its RIMS12 annual conference for 2012:

If your organization is like most, risk is not confined to just one department. Everyone has risk management responsibilities. At RIMS 2012 Annual Conference & Exhibition, there are no limits to the information and resources available to help you and your organization innovatively minimize risks. You’ll find a wide array of educational sessions offering practical strategies, no matter what your business area. Sessions are offered at all experience levels—from beginner to advanced—so you can design an educational experience that fits your needs. And, the Exhibit Hall is jam-packed with solutions–everything you’ll need for the upcoming year.

The event is from April 15-18, 2012 in Philadelphia.

Not sure whether you should attend? Here’s what RIMS says, and I couldn’t have said it better myself:

The Value of Attending

As the current economic climate continues to affect companies, some critical training and education budgets have been slashed or put on hold. Yet, the need for proper training, innovative tools and resources is greater now than ever before. At RIMS 2012 Annual Conference & Exhibition you will participate in the single most educational, informative conference for risk professionals. Refresh your skill set, pick up new tips and techniques, and network with nearly 10,000 risk professionals.

But just in case you need help justifying the value of attending RIMS to your management, here are the top reasons why you should register today:

Top-notch education–With 120+ sessions, hot topic sessions, keynote presentations, a jam-packed Exhibit Hall and unique networking opportunities, RIMS ’12 has more new strategies, ideas and practical solutions in one place that you will find anywhere else!

Keynote presentations–You’ll hear business visionaries share how to best utilize your resources in this time of financial uncertainty, enhance your leadership skills and align effective risk management with your organization’s business goals. Learn how to incorporate successful change management strategies into your risk policy, work in constantly evolving markets and structure your risk program to handle planned—and unplanned—challenges as they arise.

Industry leaders–Solve today’s challenges with the help of top industry leaders. At RIMS 2012, world-class speakers will discuss techniques and best practices that will advance your understanding of risk management and help you maneuver your risk program past current and future obstacles. This is the knowledge that will ensure your organization’s stability and growth—especially in these demanding times!

Save your company money!–Attend sessions that will save your company money and take away cost-cutting strategies. Your registration will have paid for itself! View the conference program to find the best sessions to fit your business needs.

Exhibit Hall–Walk through the Exhibit Hall to meet with service providers and discover thousands of ground-breaking resources, the latest innovations and breakthrough solutions. Hold on to those business cards—they will help you create innovative strategies and find new solutions when you need them.

Networking–Navigate the twists and turns of developing a successful risk management program with nearly 10,000 leading risk professionals who will bring a fresh perspective to your risk program. We’ve got events such as a grand Opening Reception, keynote presentations, award receptions, Wednesday Night Spectacular and more for you to meet old friends and make new ones.

Make a difference–Join your peers and give back to Vancouver, our host city, or support the future of the risk management industry. Participate in RIMS Community Service Day or join us for the Spencer Educational Foundation fundraising event. Details on these special events are available in the conference program.

Global reach–Attendees from more than 50 countries will come together in Philadelphia at RIMS 2012 to learn how to improve their risk program and operate efficiently and effectively in today’s global marketplace. Learn the challenges of doing business in China, balancing operational risks associated with global sourcing, tips for implementing a global risk program, and more! Attend one of the sessions offered in Spanish and Japanese for a truly global perspective. What’s more, you’ll find many multinational corporations and international organizations in the Exhibit Hall.

Share your knowledge–Host an “everything I learned at RIMS ’12” information session for your coworkers and pass on the new tools and strategies that you acquired, as well as information on the new contacts and solution providers you met.

It’s the premier industry conference–In terms of learning, networking, solution-sharing, peer exchange and connecting with service providers, RIMS ’12 is the only place where you can find it all. So, join us in Philadelphia and gain the advantage that you need to elevate your profile with your organization!

My session will be CLM203: Cyber Attacks and Privacy Claims: Litigation, Insurance and Crisis Management. Joined by Rick Bortnick and Art Boyle, we’ll be discussing insurance coverage for cyberrisks and privacy claims, including data breaches, denial-of-service attacks, privacy class actions, and other cybersecurity and privacy events:

Cyber Attacks and Privacy Claims: Litigation, Insurance and Crisis Management

Session Code: CLM203

Date: Wednesday, April 18, 2012

Time: 8:45 AM – 10:00 AM

Every day, the media reports another major cyber breach. No person or corporation is immune. Government entities, financial institutions, health care providers, Fortune 500 companies and even cyber-security firms are under constant attack. And the inevitable class action privacy breach lawsuits follow. The trend among courts and government regulators has been to allow these suits to proceed to discovery and beyond. The associated costs are increasing exponentially. A single cyber breach could cost tens of millions of dollars. Projections for costs from the Sony breach start at $1 billion. You may think to look to your cyber or tech insurer for help, but what about a straightforward first- or third-party policy or a professional services policy? Is the theft of information covered under a fiduciary policy? How will you address and coordinate the crisis management? Who do you hire? Can a law firm help? And while an increasing number of underwriters offer cyber-insurance products, many claims professionals are not yet familiar with the coverages or how to evaluate and handle the resultant claims. Become better informed with a debate on cyber risks and litigation, crisis management, loss control, the applicability of insurance and cyber-risk strategies.

Panel

Coordinator – Rick Bortnick, Cozen O’Connor

CPC – Charlotte Peedin, Golden Corral Corporation

Speaker – Rick Bortnick, Cozen O’Connor

Speaker – Art Boyle, Radian Group Inc.

Speaker – Scott N. Godes, [formerly] Dickstein Shapiro LLP

Interested in attending? Then head on over to the RIMS 2012 website to register.

Disclaimer:

Join me for the ABA Insurance Coverage Litigation Committee’s 2012 Annual CLE Seminar in Tucson, Arizona!

Posted on December 23, 2011 by Scott Godes One comment

You know that insurance touches every aspect of litigation, not to mention its importance in the context of corporate transactions, right? In today’s economic climate, the value of insurance is critical. As an attorney, you want to stay informed about the latest trends in insurance coverage law, right? You’re probably also looking for some CLE credit as well. Do you want to go some place warm this winter? Maybe Arizona?

If you said “yes” to any of those questions, then you should join me at the Loews Ventana Canyon Resort for the ABA’s 2012 Insurance Coverage Litigation Committee (ICLC) CLE seminar, from March 1-3, 2012 in Tucson, Arizona.

Here’s what the ABA ICLC says about the seminar:

Why You Should Attend
Insurance touches every aspect of litigation. In today’s economy, it is critical to stay informed on the latest trends in the law. Join many of the nation’s top insurance company and policyholders’ counsel and other industry leaders at the Insurance Coverage Litigation Committee Annual CLE Seminar. This year’s program once again will provide the same high-quality presentations and valuable networking opportunities as prior ICLC programs.

What You Will Learn

How to make rain. Learn what clients really want from their lawyers and how to expand business.

When disasters strike. How insurance coverage can assist the construction, energy, and hospitality industries.

The credit crisis and how D & O coverage may help pay for these claims.

How to present coverage issues at trial. Can you make insurance issues interesting?

Can you overcome insurer bias? Learn from practitioners who have faced these challenges.

Overlooked and underutilized provisions in insurance policies.

Privilege issues in insurance coverage litigation.

Can a policyholder recover consequential damages in the absence of bad faith?

Who Should Attend

All attorneys who litigate in the area of insurance coverage.

In-house counsel and seasoned practitioners needing an update from the leading trial lawyers, experts and members of the judiciary on the latest legal developments.

My panel will be the greatest panel ever,* discussing insurance coverage for cyberrisks, including data breaches, denial-of-service attacks, and other cybersecurity events:

Saturday, March 3, 2012
9:05 am – 10:05 am CLE breakout session

Insurance Coverage for Data Breaches, Denial-of-Service Attacks, and Cybersecurity Events, and the Tidal Wave of Class Action Lawsuits Following Data Breach Disclosures.
There has been a recent tidal wave of data breaches, network interruptions, and cyberattacks, resulting in countless class actions. This program will explore how insurance coverage may help fund the costs to defend these lawsuits. Would your insurance policies cover those events? What coverages are available in the marketplace?

Speakers:

Scott N. Godes

Rick Bortnick

Jennifer Smith

William T. Um

Hon. Carl West

Interested in attending? Then head on over to the ABA’s website to register. If you’re looking for the reservations page for the event on the Loews Ventana Canyon hotel website, you can find it by clicking here.

*I cannot guarantee that you will find this to be the greatest panel ever. But you might. Isn’t that good enough for you?

Disclaimer:

Join me for IQPC’s Cyber-Risk & Data Breach Management Summit

Posted on November 28, 2011 by Scott Godes One comment

Are you looking for a conference discussing cyber risk and data breach management issues? Do you want to network with industry insiders, compare products and strategies, and to learn valuable information on potential cyber risks and liabilities? If you do, then you’ll want to join me at the IQPC Cyber-Risk & Data Breach Management Summit on November 30-December 2, 2011.

Here are the introductory details:

Managing the Risk and Impact of Data Breaches without Disrupting Business Innovation and Growth

Virtually every business today is facing cyber risks, ranging from the loss of information on a single laptop to disruption of its entire business due to a data center outage or attack. In today’s information economy, the protection of data is a key element in the long-term competitiveness and survival of commercial organizations. Whether faced by a regulatory investigation or litigation stemming from a data breach organizations have understand and address the cyber risks they continually face and exercise due care in implementing policies to protect their business and comply with regulations. Effective cyber security depends on coordinated, integrated preparations for responding to and recovering from, a range of possible cyber attacks. The best approach to information security incorporates risk management as part of the firm’s overall strategy and objectives.

This conference will provide an innovative and fresh eye to traditional cyber security processes and tools, and will present ideas and real-life examples that you can apply to your organization’s risk management programs. Furthermore, this conference will highlight how cyber risk insurance can protect your company in the event it suffers a breach and mitigate your risk.

* * *

NOVEMBER 30 – DECEMBER 2, 2011 | SENTRY CENTER, NEW YORK, NY

My panel will be on December 2, at 9:45 am:

Lessons from the Latest Litigation and Enforcement Actions Resulting from a Breach

This session will examine case studies based on recent litigation as a result of data breach incidents that will help you learn to recognize the potential weaknesses that present themselves prior to an account data
compromise. You will learn the most up-to-date detection and prevention practices your organization can implement to prevent a potentially damaging breach from occurring.

Interested in attending? [ Register Now ]

Update: If you’d like to attend, and would like a huge discount (seriously huge, way bigger than your typical cyber Monday discounts), let me know ASAP, and I’ll put you in touch with the organizer.

Disclaimer:

Note: as a speaker at the conference, I will not be charged a fee to attend the remainder of the conference.

Join me for ACI’s 5th National Advanced Forum on Cyber & Data Risk Insurance

Posted on June 13, 2011 by Scott Godes One comment

Are you looking for a conference discussing insurance coverage for cyber and data risk issues, where you will have “the unique opportunity to network, benchmark your products against the competition and gain valuable information about the right insurance coverage for your company”? Then you should join me for the American Conference Institute 5th Annual Cyber & Data Risk Insurance conference.

Here are the introductory details:

Cyber & Data Risk Insurance

Monday, September 26 to Tuesday, September 27, 2011

Affinia Manhattan Hotel, New York, NY

International legislative changes and compliance…External threats from the explosion of social media…Cloud computing…PCI, HIPAA & HITECH standards… social engineering, malware downloads, phishing, click-jacking, spoofing, whistleblowing, massive leaks… THE LIST GOES ON

The expanded scope of Cyber & Data Risk Insurance is here. Attend the annual September conference that the industry has known and trusted for years!

* * *

Dates:
Mon, Sep 26, 2011
Tue, Sep 27, 2011

Location:
Affinia Manhattan Hotel
New York, NY

Accreditation:

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

ACI certifies that the activity has been approved for CLE credit by the New York State Continuing Legal Education Board in the amount of 15.0 hours. An additional 2.0 hours will apply to workshop A and 3.0 hours to workshop B.

ACI certifies that this activity has been approved for CLE credit by the State Bar of California in the amount of 12.75 hours. An additional 2.0 hours will apply to workshop A and 2.5 hours to workshop B.You are required to bring your state bar number to complete the appropriate state forms during the conference. CLE credits are processed in 4-8 weeks after a conference is held.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.Questions about CLE credits for your state? Visit our online CLE Help Center at http://www.americanconference.com/CLE

My panel will be:

10:05   State of the Market: New Exposures, Coverage Options and Trends that Are Changing the Scope of Cyber Liability

Edward McGuire, Senior   Vice   President,   Sales   &   Marketing S.H. Smith & Co.
Steven H. Haase, CPCU ARM, INSUREtrust
Malcolm Randles, Underwriter,   Enterprise   Risks   510, R   J   Kiln   &   Co   Limited
Jenny B. Bradford, J.D., Vice   President   Financial   Products,   Risk   Management   Liability, Regions Insurance
Scott N. Godes, Counsel, [formerly] Dickstein   Shapiro   LLP

Market overview and legal developments

Updates on new exposures, coverage decisions and new products to ensure coverage

Addressing the lack of uniformity among policies

Cyber risk insurance overlap with other insurance policies

How big is the market and how much has it grown over the past few years?

New clients and non-technology companies purchasing coverage:   who they are and what they are looking for

A   closer   look   at   security   &   privacy   challenges   facing   small   businesses

What considerations have been given to products that may attract small to mid-market   companies?

How carriers are capitalizing on this

State of the reinsurance market for cyber-risk insurance

Clarification of comprehensive contracts and identifying key provisions

Interested in attending? You can get a discounted rate through me, taking $600 off of the registration price, if you register by June 30. If you’re interested in getting the discounted rate, please e-mail me. Or, if it’s after June 30, you can click here:

Disclaimer:

Note: as a speaker at the conference, I will not be charged a fee to attend the remainder of the conference.

Join Me at the NetDiligence® Cyber Risk & Privacy Liability Forum!

Posted on January 28, 2010 by Scott Godes One comment

My good friends at HB Litigation Conferences present:

The NetDiligence® Cyber Risk & Privacy Liability Forum
June 7-8, 2010 | The Union League, 140 South Broad Street, Philadelphia, PA

I’ll be a speaker on a panel discussing insurance coverage for cyber risk and privacy issues. Here’s the topic for my panel:

Are You Covered When Hackers Get Through?

• Does a company have coverage for data breaches?

• Knowing your client and when to advise coverage

• Advising clients who have been hacked

• How to secure coverage for future incidents

• Finer legal points of coverage-handling fines, penalties, and notice costs

• Business interruption claims

Moderator: Nicholas Economidis, Specialty Lines, Beazley Group, Philadelphia

Scott Godes, Esq, [formerly] Dickstein Shapiro, Washington, DC

Oliver Brew, Vice President of Technology, Media and Telecoms Underwriting, Hiscox USA, Westchester, NY

Richard Bortnick, Esq., Cozen O’Connor, West Conshohocken, PA

Take a look at the full agenda by clicking here. And you can register online by clicking here.

Disclaimer:

Note: as a speaker at the conference, I was not charged a fee to attend the remainder of the conference.

Kirk Hartley Offers Commentary On My Post Regarding The Definition of Occurrence in Insurance Policies

Posted on June 14, 2009 by Scott Godes 2 comments

Kirk Hartley, one of the prolific authors of GlobalTort, just posted “Commentary On The Definition of Occurrence in Insurance Policies – Another Reason GCs for Insureds Get Grey Hair Managing Legacy Claims,” in which he commented on my post, “Is Uncertainty Over the Meaning of “Occurrence” Susceptible to a Drafting Solution?”

Kirk says that it’s “[a]n interesting post,” the original and complete version of which is found over at the Adams Drafting blog, because Ken Adams, Adam Scales, and I address an issue that Kirk says will cause “[b]illions and soon trillions of dollars [to] change hands based on the meaning given or found by court’s deciding insurance coverage cases for underlying toxic tort cases.”

Kirk was kind enough to conclude that “[t]he following words from Scott are key:”

“Although the term was designed to be a clarification of coverage, it comes as no surprise to someone who represents policyholders when claims have been denied that insurance companies would have courts believe that instead, “occurrence” was designed to support coverage denials or limitations. Insurance companies also are happy to argue conflicting interpretations of “occurrence,” depending on which interpretation will mean less coverage for the policyholder in the dispute at issue.”

Kirk, thanks very much for commenting on the post! And for those of you with an interest in mass tort litigation questions, both in the national and international arenas, be sure to visit GlobalTort and add its feed to your news reader, as I’ve done.

Disclaimer:

Is Uncertainty Over the Meaning of “Occurrence” Susceptible to a Drafting Solution?

Posted on June 11, 2009 by Scott Godes 5 comments

Ken Adams, who runs the Adams Drafting blog, is a Lecturer in Law at the University of Pennsylvania Law School, and the author of the Manual of Style for Contract Drafting, asked me to write some commentary regarding the drafting of insurance policies and the interpretation of “occurrence.” I was honored by the request, because Ken has been described as “a leading authority on modern and effective contract drafting.”

Ken asked, on his blog:

Can astute contract drafting can forestall all contract disputes? No, it cannot. Most contract disputes, sure. But not all.

Ken thought about this issue in the context of insurance policies, specifically, as to the interpretation of the term “occurrence.”

So here’s my question: Couldn’t insurance companies draft policies—and an insurance policy is just another kind of contract—in such a way as to bring clarity to the meaning of “occurrence”?

Ken, however, explains that he is not an expert in the area of insurance. To get some perspective on the issue, he turned to Professor Adam Scales and me:

Normally I think through such issues on my own. But I know next to nothing about insurance, and I’m not inclined to give myself a crash course in the subject, so for my own edification I consulted two people who have experience with this issue. I offer you their thoughts, in case this is an issue of any interest to you.

In my discussion of the issue, I explain:

The meaning of “occurrence” is a question that has been contested for some time in courts across the United States, with questions of whether potential or actual underlying liability against a policyholder is considered an occurrence, and, if so, just how many occurrences are there under one or multiple insurance policies. Adding to the complexity, the question has been answered in multiple ways by state and federal courts (not to mention arbitrators) across the country.

* * *

Although the term was designed to be a clarification of coverage, it comes as no surprise to someone who represents policyholders when claims have been denied that insurance companies would have courts believe that instead, “occurrence” was designed to support coverage denials or limitations. Insurance companies also are happy to argue conflicting interpretations of “occurrence,” depending on which interpretation will mean less coverage for the policyholder in the dispute at issue.

For the conclusion that I offer, as well as the comments that Ken Adams and Adam Scales offer, head on over to the Adams Drafting blog to read more.

Disclaimer:

Category Archives: Contract drafting

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