Category Archives: Cyber insurance

Matt Dunning quotes me in his article, “Risk management strategy must be in place before moving data to the cloud.”

Cloud computingMatt Dunning wrote an article for Business Insurance discussing potential risks and risk management techniques that companies consider when making the move to the cloud.

The lede is:

Companies using cloud computing to supplement or replace in-house data storage systems without a cohesive risk management strategy can expose themselves to substantial financial losses and reputational harm, cyber risk experts say.

Matt was kind enough to quote me in the piece.  I discuss insurance coverage for the cloud and cloud-based risks.  You may have to register with Business Insurance to see that part of the article.

The article has interesting points for risk managers, as well as compliance and IT personnel that are considering moving data, software, operations, or more to the cloud.  Please click on over and read the entire piece.

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.  As a presenter at the conference for Business Insurance, I was not be charged a fee to attend the meeting.

Matt Dunning quotes me in “Cloud-based storage greatly increases cyber security exposures: Panel.”

2013 Risk Management SummitThis week, I was a speaker at the Business Insurance Risk Management Summit. My session addressed cloud computing issues.  Here’s the write up from the agenda:

Cloud Computing — Cloud computing offers opportunities for efficiency and cost savings but can introduce a host of risks in areas such as information security, reputation, business interruption, jurisdictional issues and regulation and compliance. This session will focus on the nature of the exposures associated with cloud computing services and how to address the risks looking at such mitigation areas as risk management, contractual issues and insurance coverage options.

Matt Dunning wrote an article that details the tips that our panel, and the prior presenter, Emily Cummins, gave to risk managers regarding cloud computing.  We summarized the risks and opportunities related to the cloud, and gave takeaways that could be put to use after the conference ended.  Matt quoted me in the piece:

Panelists said that while reported incidents of cloud-based data breaches have been scarce among manufacturers, software companies, communications firms and financial institutions, risk managers should not assume the technology can be implemented easily or without thorough risk analyses and data security control tests.

“There may have only been a few breaches so far, but risk managers have jobs and attorneys have jobs because the world continues to change,” said Scott Godes, a Washington-based attorney [formerly] at Dickstein Shapiro L.L.P.

The article has helpful pointers for risk managers considering moving their data, applications, or infrastructure to the cloud.  Be sure to click on over and read the entire piece.

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.  As a presenter, I was not be charged a fee to attend the meeting.

Jeffrey Steele quotes me in his Multi Housing News article, “Addressing Cyber Security: New Tools and Laws Combat the Threat.”

Multihousing building

In his article, Addressing Cyber Security:  New Tools and Laws Combat the Threat, Multi Housing News contributing editor Jeffrey Steele writes about cyber risks, risk management, and insurance coverage for the multi housing industry for the February 2013 edition of the magazine.

The article opens:

The growing threat to companies in the multifamily industry from cyber-attacks is serious enough that the National Apartment Association staged a webinar in 2012 entitled “The New Cyber Reality for the Multifamily Rental Housing Industry: Threats, Responsibilities and Risk Management Strategies.”  [Link added]

In this special tech report, Multi-Housing News interviews two of the leading participants on that panel to discuss the types of threats the industry faces, legislative developments currently underway, and what measures companies can undertake now to ensure they are prepared in the event of such attacks.

Mr. Steele interviewed my former colleague, Brian Finch, and me, for the article, getting our thoughts on cyber and privacy risks facing the multifamily housing industry.  We discuss data breach laws that could affect the multifamily housing industry, including the current slate of 46 different state data breach notification laws, current legislative developments, and risk mitigation tools.  We also give some predictions as to the future of cyber and privacy risks.

If you’d like to read the full piece, please click on over to Addressing Cyber Security:  New Tools and Laws Combat the Threat to read the entire article.

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.

Please join me for the March 5 and 6, 2013 Business Insurance Risk Management Summit.

2013 Risk Management SummitI am happy to announce that I will be a speaker at the Business Insurance Risk Management Summit, March 5 & 6, 2013.  It will be held at the Westin Grand Central in New York City. I hope that you will join me for this exciting event.

The two day conference is designed to serve the information and networking needs of senior risk managers from the largest US and Global companies.

As Business Insurance explains:

The annual Risk Management Summit, now in it its fourth year, provides attendees with focused insight via specific, timely general sessions and strategic, thought-provoking discussions with peers and industry leaders.

My session, from 2:30 – 3:30 pm on March 5, will address cloud computing issues.  Here’s the write up from the agenda:

Cloud Computing — Cloud computing offers opportunities for efficiency and cost savings but can introduce a host of risks in areas such as information security, reputation, business interruption, jurisdictional issues and regulation and compliance. This session will focus on the nature of the exposures associated with cloud computing services and how to address the risks looking at such mitigation areas as risk management, contractual issues and insurance coverage options.

Please be sure to join us!  Registration for the Risk Management Summit is now open.  If you are a Risk Manager at a Fortune 1000 or higher company, a former Business Insurance Risk Manager of the Year, a former Business Insurance Risk Manager of the Year Honor Roll member, or a Risk Executive at a privately-held company with revenues in excess of $2.5 billion, please register for the Summit here.  Additional registration categories are available, please review the information provided in the Registration Link to see if you qualify.

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.  As a presenter, I will not be charged a fee to attend the meeting.

Michael P. Voelker quotes me in his Property Casualty 360 article, “As Cyber Coverage Soars, Opportunity Clicks.”

credit card data breach reportIn his article, As Cyber Coverage Soars, Opportunity ClicksProperty Casualty 360° author Michael P. Voelker writes about cyber and privacy risks, as well as the current state of the market for cyber insurance.

The article opens:

Cyber insurance maintained its double-digit premium-volume growth in 2012, with capacity high, pricing competitive and buyers increasingly willing to pull the trigger on both third- and first-party coverage. Thanks to a proliferation of data breaches, an ever-increasing number of regulations around the protection of private information, and the growing availability and awareness of Cyber insurance, business is booming in this marketplace.

The article provides comments from a number of people in the industry, including brokers, consultants, and underwriters.  Mr. Voelker also quoted me in the article.

Want to read the other opinions and thoughts offered on the subject?  Then click on over to  As Cyber Coverage Soars, Opportunity Clicks to read the entire article.

Update:  The post has been updated to reflect the article’s title of As Cyber Coverage Soars, Opportunity Clicks.  A version of the article also is available, as previously posted, with the title Cyber: Sexy – Capacity, Competition Increase Despite Claims and Concerns Over Expanding Risk.

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.

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

Tucson skyline and Catalina Mountains at duskWinter 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.

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Please join me for the January 11, 2013 Delaware Valley RIMS Chapter Meeting: “Cyber Risk Management and Control”

Please join me for a luncheon hosted by the Delaware Valley chapter of RIMS on Friday, January 11, 2013:  Cyber Risk Strategies Meeting.

Here are the details that the Delaware Valley chapter of RIMS has postedCybersecurity about the meeting:

Every day the media reports another major cyber breach. No person or corporation is immune. 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. Become better informed by a debate on cyber risks and litigation, crisis management, loss control, the applicability of insurance and cyber risk strategies by joining us on January 11, 2013 at Aramark’s Philadelphia office.

The panelists will be Scott Godes [formerly] from Dickstein Shapiro and Richard Bortnick [formerly] from Cozen and O’Connor. Scott Godes [was] counsel in the Insurance Coverage Practice and focuses on representing corporate policyholders in insurance coverage disputes. He is a seasoned litigator who has extensive experience in trying complex insurance coverage disputes, including class actions, in state, federal, bankruptcy, and appellate courts, as well as in commercial arbitrations. He [was] co-leader of the firm’s Cyber Security Insurance Coverage Initiative.

Richard Bortnick, from Cozen & O’Connor is a member resident in Cozen O’Connor’s Philadelphia office. He litigates and counsels U.S. and international clients on cyber and technology, directors’ and officers’ liability, securities fraud, professional liability, insurance coverage, products liability, and commercial litigation cases. He also drafts professional liability insurance policies of varying types, including Cyber/Tech policies, and is co-publisher of the cyber industry blog, Cyberinquirer.com.

Moderating the discussion will be Art Boyle, Vice President of Enterprise Risk at Radian Group.

Here are the time and location details:

DATE:  Friday, January 11th from 8:00 AM – 10:00 AM
LOCATION:  Aramark office, Center City, Philadelphia

Please be sure to join us!  Click here to register.

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.  As a presenter, I will not be charged a fee to attend the meeting.

“Top Ten Tips for Companies Buying Cyber Security Insurance Coverage”

cybersecurityMy former colleague, Kristi Singleton, and I recently co-authored an article for the Association of Corporate Counsel (ACC) with our top ten tips for corporations and other entities that are in the market to buy or renew cyber security insurance policies. The introduction is below:

Companies may spend a lot of time and effort to protect their confidential data, but they may miss prime opportunities to save costs and mitigate potential losses if they focus solely on protecting information, and ignore the benefits of purchasing comprehensive cyber-security insurance coverage. One way that companies can help protect their clients, and themselves, is to understand the scope of the insurance policies that they have, and purchase comprehensive cyber-security insurance coverage. All cyber-security insurance policies, however, are not created equal, so below are some tips that all companies should consider when purchasing or renewing a cyber-security policy.

We give advice that hits on high level insurance coverage considerations for cybersecurity risks, such as buying insurance coverage for first and third party risks, and more specific considerations, such as the scope of coverage for risks and transmissions of data outside of company offices.  To read the entire article, click 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. 2012.

“10 Tips For Law Firms Buying Cybersecurity Insurance”

Law FirmMy former colleague, Kristi Singleton, and I recently co-authored an article that was published in Law360 regarding cyberinsurance for law firms. The piece provides insights and tips for law firms and lawyers interested in purchasing a cyberinsurance policy. The introduction is below:

Law firms spend a lot of time and effort to protect their clients’ interests in a myriad of ways, from spending millions of dollars litigating a client’s case to spending hundreds of hours in due diligence before a deal closes. One often overlooked area in which law firms can serve their clients’ best interests is by protecting clients’ confidential or proprietary electronic data. Unfortunately, lawyers are often not considered to be the most technologically-savvy, and thus may be viewed as “easy prey” by hackers who may be…

The rest of the article is after the jump, and Law360 requires a subscription. To read the entire article click 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. 2012.

Alison Diana cites me in her post, “Insuring the Cloud”

Cloud ComputingIn her post, Insuring the Cloud, author Alison Diana writes about insurance coverage for risks relating to the cloud.  She discusses insurance policies and insurance products available in the marketplace to cover the cloud and risks relating to the cloud.

The post opens:

As cloud becomes more pervasive, many organizations are seeking ways to insure themselves from unexpected downturn. Traditional and new insurers are starting to offer insurance programs designed to protect companies’ information, networks, and operations from cloud failure, a market likely to grow and help spur further adoption of cloud among enterprises.

Insurance companies have struggled with ways to address the business continuity and protection needs of cloud customers.

The article then cites an insurance broker and insurance industry CEO, who work in the area of insurance coverage for cybersecurity, data, privacy, and other cyberrisks, discussing what new offerings are available to corporate insureds and corporate policyholders looking to buy cyberinsurance for the cloud.  She also cites an article from Judy Greenwald at Business Insurance that quoted me discussing cyberinsurance and the cloud.  (You may recall seeing this earlier blog post about the article.)  Citing me, Ms. Diana writes, in part:

Scott Godes [who was] of counsel at law firm Dickstein Shapiro L.L.P. told BusinessInsurance.com (registration required) that he’s seen few, if any, policies that specifically named cloud computing. Typically, he said, liability policies and first-party policies are written to include cloud computing. “Close attention should be paid to when the term ‘computer system’ or ‘computer network’ is defined, if those are the operative terms of what is covered,” he told BusinessInsurance.com.

I stand behind that discussion, and note that I recently have seen a package cyberinsurance policy that did specifically reference insurance coverage for the cloud.  The times, they are a changin’?  As I have written before, the marketplace for cyberinsurance policies may be considered the “Wild West,” so insurance policies, including cyberinsurance policies, should be reviewed carefully.

Want to read the other opinions and thoughts offered on the subject?  Then click on over to Insuring the Cloud to read the entire post.

 

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. 2012.

Bibeka Shrethsa quotes me in her article, “Insurers Grow Tentative About Coverage For Cloud Users”

Today, Law360 published another great piece about insurance coverage for cyberrisks, and insurance coverage for cloud-based risks in particular.  In her article, Insurers Grow Tentative About Coverage For Cloud Users, author Bibeka Shrestha addresses the issue of the growth of cloud computing, risks with cloud computing, and, perhaps most important, insurance coverage for cloud computing risks.

The article opens:

Insurers are starting to scrutinize coverage for companies using third-party data services, seeing cloud providers as especially vulnerable to hacking attacks, and with cyberpolicy language constantly evolving, attorneys say policyholders should pay closer attention to whether their cloud-related losses would be covered in the event of a breach.

Last year, hackers reportedly used Amazon.com‘s cloud service to launch a cyberattack that compromised the account data of more than 77 million Sony Playstation users. But that much-publicized data breach hasn’t slowed a trend of companies turning to . . .

The article then explains risks relating to cloud computing and insurance-related issues for cloud computing risks.  Ms. Shrestha quotes several people who deal with cloud computing, cyberrisks, cybersecurity questions, data breach issues, and insurance coverage for those risks and potential liabilities.  The article provides helpful information to companies that are buying cyberinsurance policies for cloud-based risks in the cloud.  Ms. Shrestha cites me and my advice multiple times in the article.  She reiterates my advice as to people who may be involved with purchasing cyberinsurance with coverage for the cloud, what coverages well-crafted cyberinsurance policies should include, and whether “additional insured” status may be available to cloud users from cloud providers.  You can see my comments and the rest of the article after the jump, with the full content available to subscribers of the Law360 site and its content.

Want to read the other opinions and thoughts offered on the subject?  Then click on over to Insurers Grow Tentative About Coverage For Cloud Users to read the entire article.

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. 2012.

“Cybersecurity: Does Your Company Have Insurance For Claims Arising Out Of An Alleged Data Breach?”

HospitalityLawyer e-magazine recently published an article that my former colleague, Ken Trotter, and I wrote regarding insurance coverage for data breaches and cybersecurity risks.  It’s in the November 2012 edition of the magazine.  We discuss risks relating to data breaches, cybersecurity, and privacy, as well as what insurance might apply to provide coverage for those risks.  The article is focused on cyberrisks and insurance coverage for the hospitality industry.

The article’s lede is:

Cybersecurity risks, including data breaches, are among the most significant risks facing any company in the hospitality industry that receives what may be characterized as personally identifiable information, including credit card information.  When hackers, rogue current or former employees, or others steal or otherwise gain access to such personally identifiable information, the data breach may expose the company to liabilities under statutory and regulatory schemes and to third parties, resulting in significant costs to mitigate, remediate, and comply with the obligations arising out of the liabilities.

We then discuss insurance coverage for data breaches, cybersecurity risks, and other privacy-based risks.  We analyze coverage under commercial general liability (CGL) insurance policies and crime insurance policies, and provide comments and pointers regarding the scope of coverage under cyberinsurance policies.

If you are interested in reading the entire article, please click here and check out the article starting on page 8.

An archived version of the article, via the Internet Wayback machine, may be found 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. 2014.

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Please join me for the September 19, 2012 Potomac RIMS Meeting: “Cyber Security Workshop”

Please join me for a luncheon hosted by the Potomac chapter of RIMS on Wednesday, September 19:  “Cyber Security Workshop.”

Here is the meeting topic:

Does Cyber Security seem like a term from Star Wars to you?  Do you not understand the meaning of this field but feel you should??? Join our session and lose sleep no more!

I’ll be joined by Don Nelson, the Director of Information Security Governance for Fannie Mae, and Robert Lowe, who manages the Third Party Due Diligence program for Information Security at Fannie Mae, and also acts as a subject matter expert and supporting resource for strategic initiatives across the enterprise.

Here are the time and location details:

Wednesday, September 19,  2012

Meeting: 11:00 a.m. – 1:30 p.m.
Lunch:    11:30 a.m.

Please be sure to join us!  To register, please click here:  “Cyber Security Workshop.”

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. 2012.  As a presenter, I will not be charged a fee to attend the meeting.

Video clip about potential insurance coverage for statutory based damages relating to data breaches and blast fax claims.

My good friends at HB Litigation Conferences posted a video from their 2012 East Coast NetDiligence Cyber Risk and Privacy Liability Forum that took place in Philadelphia on June 4-5, 2012.  In this video clip, I respond to moderator Ted Kobus‘ question about whether statutory damages, imposed after a data breach, are covered under liability insurance policies.

If you’re interested in cyber risks, data breaches, insurance coverage for cyber risks, insurance coverage for data breaches, and underwriting, brokering, buying, or selling cyberinsurance or privacy insurance, be sure to check out HB’s upcoming West Coast NetDiligence® Cyber Risk and Privacy Liability Forum, on October 11-12, 2012, in Marina del Rey, Calif.

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. 2012.

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

Please join me on August 15, 2012 for a webinar: You’ve had a privacy breach…now what?

Please join me on August 15, 2012 for a webinar:  You’ve had a privacy breach…now what?

LexisNexis® Emerging Issues Series | Social Media and Employment Policy Considerations

Here are the details from Lexis and HB:

LexisNexis® Presents a Complimentary CLE Accredited* Webinar:
The 2012 Top Privacy Concerns for Companies and Best Practices for Cyber Breach Preparedness

Government reports estimate that cyber breaches cost the U.S. economy over $1 trillion annually. The need to protect your company against breaches, data loss and theft are increasing in today’s ever-changing technological landscape. Our expert panelists will provide insights plus a risk manager’s perspective on privacy security, best practices for breach preparedness and explain the necessary coverage needs. Learn how to protect yourself in this 90-minute complimentary Webinar designed for in-house counsel.

On August 15, from 2 – 3:30 P.M. ET, join our panel of experts as they bring you the crucial steps needed to prepare for and address cyber privacy issues.

  • Understanding cyber privacy concerns today: Identifying your vulnerabilities & protecting against breaches, data loss or theft.
  • The state and federal statutory frameworks requiring the most observation and compliance.
  • Risk manager’s perspective on privacy security, breach preparedness and coverage needs.
  • Privacy breach—Now what? Understanding the case theories involved, the relevant developments in insurance coverage and the vendors you’ll need in place.
  • Unique concerns raised by the use and storage of health-related information.

Register now

Wednesday, August 15, 2012
2 – 3:30 
P.M. ET

FREE CLE-Eligible Webinar!
Earn 1.5 credit hours

Panelists include:

Scott Godes [formerly] of Dickstein Shapiro LLP

Mario Paez of Wells Fargo Insurance Services

Jimmy Kirtland of ING Americas

Lynn Sessions of Baker & Hostetler LLP

Professor David Bender of the University of Houston Law Center

*CLE is approved or in the process of approval for the mandatory CLE states listed below for 1.5 hours of CLE Credit. Of these, 0 qualify as hours of general, participatory, or skills credit, 0 qualify for hours of law office management, and 0 qualify for hours of ethics/professionalism.

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York†, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

†Only experienced NY attorneys may take Webinar training for CLE. New York regulation requires that all CLE sessions must be conducted by an attorney in good standing or a JD. The presenter for this event meets this New York regulation. Contact the LexisNexis® CLE group directly atCLE.Sales@lexisnexis.com with questions about eligibility requirements and for further details on CLE paperwork.

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. 2012.

Please join me for a webinar “You’ve Had a Data Breach. Now What?” on Tuesday, August 14.

Please join me for a webinar presentation Dickstein Shapiro is hosting with Fleishman-Hillard titled “You’ve Had a Data Breach. Now What?” on Tuesday, August 14 from 2:003:00 PM ET.

Corporate counsel and communications teams will receive a practical, hands-on examination of what to do and not to do—in the wake of a data breach. With live commentary and Q&A session, this program will cover reality-tested strategies and tactics for a variety of circumstancesI will present this program with Brian Finch, leader of the Dickstein Shapiro Homeland Security Practice, Terry Banks and Gerard Carney at Fleishman-Hillard, and the presentation will be moderated by Michael Semko, Senior Counsel at the National Apartment Association.

There is no fee for this program. If you would like to attend, please click here to register. Please feel free to contact me if you have any questions.

        

Join us for a Webinar on Tuesday, August 14

Legal and Communications Strategies to Protect Your Organization in the Wake of a Data Breach – or Before One Happens…

Barely a week goes by without a new data breach hitting the headlines…

Although breaches happen in a variety of circumstances – i.e., via hackers, internal theft, lost equipment, or accidental exposure – they all have one thing in common: far-reaching legal and communications implications.

Dickstein Shapiro LLP and Fleishman-Hillard invite you to join them for “You’ve Had A Data Breach. Now What?” a free, one-hour Webinar – with live commentary and Q&A session.

Focusing on reality-tested strategies and tactics “You’ve Had A Data Breach. Now What?” will deliver a practical, hands-on examination of the legal and communications imperatives – i.e., what to do and what not to do – in the wake of a data breach.

Other key topics:
· Reputational considerations
· Current legislative developments related to cybersecurity
· Internal and external communications dynamics and strategies

Concise, compelling and fast-moving, the “You’ve Had A Data Breach. Now What?” Webinar will last about 35-40 minutes and will be followed by a Q&A session.

SPEAKERS
· Brian Finch, Practice Leader, Homeland Security, Dickstein Shapiro LLP
· Terry Banks, Senior Vice President and Partner, Media Strategy and Operations, Fleishman Hillard
· Gerard Carney, Senior Vice President and Senior Partner, Financial Communications, Fleishman Hillard
· Scott Godes, [formerly] Counsel and Co-Leader, Insurance Coverage Cybersecurity Initiative, Dickstein Shapiro LLP
· Michael Semko, Senior Counsel, National Apartment Association

Title:  You’ve Had A Data Breach. Now What?
Date:  Tuesday, August 14, 2012
Time:  2:00 PM – 3:00 PM EDT

After registering you will receive a confirmation email containing information about joining the Webinar.
Reserve your Webinar seat now at:

https://www1.gotomeeting.com/register/512301200

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. 2012.

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

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
List Price:
$90.00

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. 2012.

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Susan Kelly quotes me in her article, “Cloudy Coverage? Cyber policies may fall short for cloud computing” in Treasury & Risk.


In her article, Cloudy Coverage? Cyber policies may fall short for cloud computing, author  writes about insurance coverage for cloud computing risks for Treasury & Risk.  She also discusses whether insurance and cyber insurance policies provide coverage for cloud computing risks.

The article opens:

The ability to outsource a company’s technology infrastructure to a third party via cloud computing may seem like a dream come true—until the cloud arrangement breaks down. In April 2011, many Web sites that used Amazon’s cloud services business for hosting went down when Amazon encountered technical difficulties.

The article then discusses insurance coverage for cloud computing risks.  Ms. Kelly quotes me in the article:

One tricky question is the extent to which companies’ insurance covers losses caused by cloud computing problems. Scott Godes, [formerly] counsel at the law firm of Dickstein Shapiro, calls cyber coverage “the Wild West of insurance.”

“It’s a new marketplace . . . .”  . . . Godes notes that it’s rare to see the term “cloud computing” in a cyber policy and advises that companies look carefully at the wording of their policies. “It’s important to pay attention to things like what is the scope of the term ‘network,’” he says. “If that term is written in a way where it could encompass the outsourcing of hosting or support, you have a strong argument that cloud services are covered.”

Want to read the other opinions and thoughts offered on the subject?  Then click on over to Cloudy Coverage? Cyber policies may fall short for cloud computing to read the entire article.

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. 2012.

Business Insurance quotes me in “Risk managers’ expertise valuable in cyber risk efforts”

In the article, Risk managers’ expertise valuable in cyber risk effortsBusiness Insurance writes about managing cyber risks and insurance for those risks.

The article opens:

Most risk managers might not be information technology experts, but they can effectively manage cyber risks by applying their expertise in such areas as contract risks, assessing the value of exposures and communicating the potential impact of exposures across their organizations.

The article provides viewpoints from multiple people who deal with risk management, cyber risk, and insurance issues.  Business Insurance quotes a risk manager, underwriter, and a broker.  Business Insurance also quoted me in the article, writing:

Using last year’s California Supreme Court ruling in Pineda vs. Williams Sonoma Stores Inc. that held that ZIP codes can be considered personally identifiable information in certain cases as an example, “It’s really quite a changing time in terms of what’s out there in terms of risks and what companies’ potential risks and liabilities might be,” said Scott N. Godes, [formerly] of counsel in the insurance coverage practice at Dickstein Shapiro L.L.P. in Washington.

“We now have 46 states with data breach notification statutes. There’s pending legislation in Congress,” Mr. Godes said. In addition, the U.S. Securities and Exchange Commission has produced cyber security disclosure guidance requiring publicly traded companies to disclose their cyber risks to investors and makes those companies’ boards responsible for assessing their exposures and taking appropriate steps to address them, he said.

“Because of the ongoing changes, it’s certainly something companies need to be paying attention to,” he said.

Want to read the other opinions and thoughts offered on the subject?  Then click on over to Risk managers’ expertise valuable in cyber risk efforts to read the entire article.

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. 2012.

Bibeka Shrethsa quotes me in her article, “Companies Eye Data Breach Policies As CGL Exclusions Multiply”


In her article, Cos. Eye Data Breach Policies As CGL Exclusions Multiply, author Bibeka Shrestha writes about insurance coverage for cyber risks, such as hacks and data breaches, and what insurance coverage might be available under commercial general liability (CGL) and other insurance policies, in addition to cyberinsurance policies.

The article opens:

More and more companies, including law firms, are seeking out cyber policies that specifically cover hack attacks, as insurers grow bolder about repudiating coverage for data breaches under commercial general liability policies.

Insurance brokers and underwriters have admitted to providing coverage for cyber losses under general liability policies in the past, according to Scott Godes, [former] co-leader of Dickstein Shapiro LLP’s cyber security insurance coverage initiative.

The article then explains, “But the insurance industry is starting to push back on covering data breaches under these broad policies . . . .”  Ms. Shrestha uses another two quotes from me.  They all are after the jump, and the full content is available if you or your firm subscribe to the Insurance Law360 site and its content.

Want to read the other opinions and thoughts offered on the subject?  Then click on over to Cos. Eye Data Breach Policies As CGL Exclusions Multiply to read the entire article.

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. 2012.

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