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Category Archives: Privacy

Join me at the NetDiligence Cyber Risk & Privacy Liability Forum June 11-13, 2014.

Posted on April 17, 2014 by Scott Godes Leave a comment

Looking to attend a great conference where you can learn about cyber risks, cyberinsurance, data breaches, data privacy, cyberattacks, and more? Then you should join me for the NetDiligence® Cyber Risk & Privacy Liability Forum. Hosted by HB Litigation Conferences, it will take place June 11-13, 2014 at the Hyatt at the Bellevue, Philadelphia, PA.

The event will be chaired by:

Robert Jones, AIG
Paul Miskovich, Axis Pro
Jennifer Rothstein, Kroll
Jim Giszczak, McDonald Hopkins
Tim Stapleton, Zurich
Risk Manager Liaison: Darin Bielby, Navigant

You can find a PDF of the entire agenda by clicking here.

I’ll be a speaker on a panel discussing the “Crime Coverage & Cyber Insurance,” presenting at 9:00 am, Friday morning, June 13. Our panel will discuss:

Coverage in common loss scenarios
Discussion of recent claims
Court decisions impacting coverage
Standard Crime & Cyber policy forms

Our panel and moderator will include:

Take a look at the full agenda by clicking here. And you can register online 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. 2014.

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

David Gura interviewed and quoted me in his story, “Lucky for Target, the company had insurance.”

Posted on February 26, 2014 by Scott Godes Leave a comment

David Gura put together a news story for Marketplace discussing cyberinsurance and insurance coverage for risks, liabilities, and losses related to data breaches, hacks, and exposures of credit card numbers and information.

The lede is:

Target reported quarterly earnings for the first time since a major data breach that has affected more than 100 million customers. Target says it cost the company $61 million.

David was kind enough to interview me for the news story that was broadcast on the radio; he also quoted me in the written version of the story. I discuss potential sources of costs and loss that retailers likely would face after a hack and breach of credit card information. The story provides an overview of cyber insurance. It’s nice to see that it concludes with a point that insurance companies will have to pay in the event of a claim resulting from a data breach and cyber event. Please click on over and read the entire piece.

Disclaimer:

Rodd Zolkos and Bill Kenealy quote me in their article, “Target tested by holiday credit card data breach.”

Posted on January 6, 2014 by Scott Godes One comment

Rodd Zolkos And Bill Kenealy wrote an article for Business Insurance discussing the alleged data breach that Target Corporation suffered in late 2013, titled, “Target tested by holiday credit card data breach.”

The lede is:

The Target Corp. data breach that exposed 40 million shoppers’ debit and credit card account information has caused lawsuits, state and federal investigations and potential company reputation damage, while raising fresh concerns among other businesses about the worsening risk of cyber attacks.

Rodd and Bill were kind enough to quote me in the piece. I discuss risk management, cyber security, and insurance coverage for cyber risks. You may have to register with Business Insurance to see that part of the article. Other people who work on cyber security and cyber risk questions were cited in the piece as well, and contain comments as to whether PCI-DSS certification, and certification as being PCI compliant, can prevent all cyber attacks and data breaches.

The article has interesting points for risk managers, in house counsel, compliance, and IT personnel. Please click on over and read the entire piece.

Disclaimer:

Please join me for IAPP’s Global Privacy Summit, March 5-7, 2014 in Washington, DC!

Posted on December 10, 2013 by Scott Godes 2 comments

I’m excited to announce that I’m going to be presenting a session on insurance coverage issues relating to data privacy and cybersecurity at the upcoming International Association of Privacy Professionals (IAPP) Global Privacy Summit. It’s a premier privacy conference for privacy professionals, in house counsel, risk managers, and others who are interested in privacy and cybersecurity issues. IAPP advertises that up to 23.5 hours of continuing legal education (CLE) credits are available, and up to 20 hours of continuing privacy education (CPE) credits are available.

Here is a brief overview of the Global Privacy Summit, from the IAPP website:

The privacy conversation starts right here.
The story is happening right now.
Be part of it at the Summit.

Thanks to new technologies and increasing public awareness, we are seeing record engagement in the privacy space—there’s more dialogue than ever before.

And for years, the IAPP Global Privacy Summit has helped to drive this change, engaging minds and creating discourse. It is the largest and most-anticipated privacy conference in the world.

Conference Hotel and Location:

Washington Marriott Wardman Park
2660 Woodley Rd. NW
Washington, DC 20008

My panel will be:

Thursday, March 6, 2:30-4:00 pm

Are You Covered, or Will You Just Duck and Cover? Essential Cyber Insurance Tips

Moderator: Scott Godes, Partner, Barnes & Thornburg LLP
George Liddy, Manager, Risk Management, Sprint Corporation
Toby Merrill, Vice President, National Product Manager, ACE USA
Meredith Schnur, Senior Vice President, Wells Fargo Insurance

If someone asked you right now whether your company had insurance for cyber risks, could you answer (truthfully)? Would you like to know what you should look for when considering cyber insurance or other insurance for cyber risks? If so, this is the session for you!

What you’ll take away:

A better understanding of cyber insurance

Tips for evaluating a cyber insurance policy

Insights on assessing whether other insurance policies cover privacy and data security risks

You can click this link to register now.

Disclaimer:

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

Please join me for: “Cyber Security Liability and Privacy: When a Breach Happens.”

Posted on November 5, 2013 by Scott Godes One comment

I’m excited to present on cybersecurity and insurance coverage issues to emerging growth companies at a live seminar on Thursday, November 7, 2013, from 8:30 am to 10:30 am. It will be at bwtech@UMBC North : 5520 Research Park Dr, St 110, Baltimore, MD 21228. The seminar is:

Cyber Security Liability and Privacy: When a Breach Happens

CYBERInnovation Briefings

Here are the details from the website announcement:

Cyber Security Liability and Privacy: When a Breach Happens – Who’s Liable, Who’s Responsible

As cyber attacks plague critical infrastructure, financial institutions, and the federal government, liability and privacy remains a growing concern. With losses mounting and sensitive information being leaked several questions remain unanswered – who’s liable, who’s responsible, what are enterprises doing to protect their customers?

We’ll discuss cyber security liability, privacy, and insurance issues. We’ll also explore some of the basic coverages offered under insurance policies for cyber and privacy risks, provide details on claims that have been covered, discuss the costs for these insurance products, provide an overview of data breach claims and litigation, cyber forensics, and more.

My panel will include:

Ryan Duffy (Moderator)
Vice President, Producer
Lockton Companies
Scott N. Godes
Partner
Barnes & Thornburg LLP
Brendan Goodwin
Cyber Specialist – East Coast
AIG
Tim Monahan
Insurance and Claims Counsel
Lockton Companies, LLC

Event Info

event type	Workshop/Training
posted	October 16, 2013
sponsor	bwtech@UMBC
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Disclaimer:

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

Join me for ACI’s 7th Cyber & Data Risk Insurance Conference!

Posted on July 12, 2013 by Scott Godes Leave a comment

Are you looking for a conference discussing insurance coverage for cyber and data risk issues, “that provides the highest level insights on advancements in technology, products, pricing, coverage options, prevention strategies and more”? And do you want a conference that gives you the chance to earn CLE credit while hearing from “enforcement and regulatory initiatives straight from the federal and state agencies“? Of course you do. Then you should join me for the American Conference Institute 7th Cyber & Data Risk Insurance conference.

Here are some introductory details:

Cyber & Data Risk Insurance

Monday, September 30 to Tuesday, October 01, 2013

The Carlton Hotel, 88 Madison Avenue, New York, NY 10016

In response to new risks and exposures, American Conference Institute has developed the 7th installment of its lauded Cyber & Data Risk Insurance conference. A September tradition in NYC, join us to hear from a highly regarded faculty including the FTC, DOJ, SEC, FDIC, various state AG offices, as well as the industry’s leaders from around the country. Each year the event has grown in scope and size and this year the agenda is brimming with cutting edge topics and new additions to the faculty. This is the “go to” event where you can learn about advancements in technology, products, pricing, coverage options, prevention strategies and more.

Hear and network with the industry leaders about the right coverage options for your company and how you can protect data from financial and reputational loss. Compare products, and learn about pricing policies and new exposures to risk in this ever growing industry. Whether you are an insurance agent, broker, risk adjuster, claims manager, and/or counsel you will walk away from the conference with invaluable information that you can use in your practice right away.

My panel will be:

September 30, 2013, 9:35 am Eastern

State of the Market: New Exposures, Coverage Options, Claim Trends and Risk Evaluation, Pricing and Selling, and What Policyholders Should Now Be Looking for in a Policy

Graeme Newman
Marketing Director
CFC Underwriting

Adam Sills
Vice President
Allied World National Assurance Company

Scott N. Godes
Partner
Barnes & Thornburg LLP

Erica Davis
Vice President – Senior Advisory Specialist
Underwriting Manager
Zurich North America, Specialty E&O

Scott Kannry
Vice President
Financial Services Group | Professional Risk Solutions
AON

Maria Treglia
Chief Sales Officer, SVP-Professional Liability
Program Brokerage Corp.

New Exposures & Coverage Options

How has the market evolved and how have forms changed in the last 12 months?

Where will the coverage head in the next 12 months and what are the most significant issues that need to be addressed?

Network security and privacy policies: how they are changing and what are the different carrier approaches

Insurance and Policy Forms

Examining the issue of lack of uniform forms

How more forms are offering built in media liability exposure What Policyholders Are and Should be Looking For in a Cyber Policy

What liability and fi rst-party coverages are desirable?

Identifying and understanding pitfalls in coverage

Reasons companies have or have not bought coverage

How standards are evolving in response to new technology threats

Consumer redress: when is it covered and when not?

Filling in the coverage gap: Understanding the disconnect in what is purchased and what is actually covered

Key Considerations for Cyber Liability Coverage

Understanding of the products and their variety in the market

What is the effect of expanded risk on insurance coverage?

Evaluating risk and how the clients wants to proceed

Clarifying confusion as to whether a cyber liability product should be stand alone or better built as an existing product or endorsement

Pricing, Selling and Marketing Cyber Risk Policies

Pricing of network security and privacy policies

Examining the competitive marketplace and how various types of coverage are formulated and priced

Where do brokers see the coverage going and what are the most significant issues that need to be addressed?

Tailoring the product to accommodate a buyer’s needs: privacy issues; media exposures; cyber crime; security breaches

Marketing and selling coverage

Please register here:

Disclaimer:

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

Please join me for: Data Breaches and Advanced Persistent Threats: Planning for Them, Getting Them Resolved, and Getting Insurance to Cover Them

Posted on June 10, 2013 by Scott Godes One comment

Hosted by

Data Breaches and Advanced Persistent Threats:
Planning for Them, Getting Them Resolved, and Getting Insurance to Cover Them

Dickstein Shapiro LLP and General Dynamics Fidelis Cybersecurity Solutions invite you to participate in a webcast, “Data Breaches and Advanced Persistent Threats: Planning for Them, Getting Them Resolved, and Getting Insurance to Cover Them” on Friday, June 21, 2013. This interactive program, of particular interest to chief privacy officers, risk managers, those in government affairs, and privacy counsel, will discuss how enterprises can deal with a risk that has been in the news on a daily basis: data breaches and advanced persistent threats. With these risks quickly becoming board-level concerns, enterprises should have a plan in advance of a data breach and know what happens after a data breach. The discussion will include:

Internal and forensics investigations;
Inquiries from governmental entities, including State Attorneys General and the Federal Trade Commission; and
Insurance coverage that could apply to help defray the costs related to getting the breach or threat resolved.

This webcast will be interactive with an opportunity for Q&A with our speakers.

DATE
Friday, June 21, 2013
2:00 PM – 3:00 PM ET

SPEAKERS
Scott Godes, co-chair of the American Bar Association’s Computer Technology Subcommittee of the Insurance Coverage Litigation Committee
Brian Finch, Global Security Practice Leader, Dickstein Shapiro LLP
Divonne Smoyer, Partner, State Attorneys General Practice, Dickstein Shapiro LLP; IAPP Certified Information Privacy Professional
Jim Jaeger, Vice President, Cybersecurity Services, General Dynamics Fidelis Cybersecurity Solutions

REGISTER
Please click here to register for this complimentary program.

Disclaimer:

The materials in this message are provided for informational purposes only and do not constitute legal advice. In some states, this email message may be considered advertising. Please see Dickstein Shapiro’s full disclaimer.

Please check out: “State Attorneys General Increasingly Concerned with Data Privacy.”

Posted on April 25, 2013 by Scott Godes Leave a comment

The Policyholder Informer blog of the insurance coverage and insurance recovery practice of my former firm, Dickstein Shapiro LLP, is featuring a post that I co-authored with my former colleagues Divonne Smoyer and Aaron Lancaster. Divonne and Aaron both work in my former firm‘s State Attorneys General practice group.

The post is “State Attorneys General Increasingly Concerned with Data Privacy.” The introduction to the post reads:

Over the past few years, State Attorneys General (AGs) have grown increasingly active in a variety of areas not traditionally within their domain. One of the areas in which AGs have increased their attention is data privacy. Notably, in the past year AGs have added data privacy enforcement units, worked with their legislatures to expand their data privacy enforcement capabilities, and have brought high-profile investigations and enforcement matters on data privacy issues. As a result of this increased activity, companies should closely scrutinize their insurance portfolios to ensure that they are covered for any such investigations and enforcement activity, and, if not, work with insurance brokers to consider obtaining insurance to address these risks.

The post provides details regarding recent developments, and provides predictions regarding, state AG activity in the area of data privacy. It also provides tips regarding insurance coverage for state AG investigations relating to data privacy and cybersecurity. Please check out the entire post by clicking here.

Disclaimer:

Privacy

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

Posted on March 12, 2013 by Scott Godes 3 comments

Cloud computing Matt 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:

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

Posted on March 6, 2013 by Scott Godes One comment

This 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:

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

Posted on February 5, 2013 by Scott Godes 5 comments

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:

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

Posted on January 25, 2013 by Scott Godes One comment

I 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:

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

Posted on January 22, 2013 by Scott Godes One comment

In his article, As Cyber Coverage Soars, Opportunity Clicks, Property 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:

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:

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

Posted on January 2, 2013 by Scott Godes 2 comments

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 posted 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 11^th from 8:00 AM – 10:00 AM
LOCATION: Aramark office, Center City, Philadelphia

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

Disclaimer:

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

Posted on September 17, 2012 by Scott Godes 3 comments

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:

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

Posted on July 30, 2012 by Scott Godes One comment

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:

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

Posted on July 25, 2012 by Scott Godes One comment

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 2:00–3:00 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 circumstances. I 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

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Reserve your Webinar seat now at:

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Disclaimer:

Bibeka Shrethsa quotes me in her article, “Crate & Barrel Hammers Out Deal Ending ZIP Code Suits”

Posted on June 5, 2012 by Scott Godes 2 comments

In her article, Crate & Barrel Hammers Out Deal Ending ZIP Code Suits, author Bibeka Shrestha writes about a settlement of privacy class actions and a related insurance coverage dispute regarding the potential insurance coverage for those privacy claims. The putative privacy class actions were filed in California and related to alleged requests for and alleged recording of ZIP codes.

The article opens:

Crate & Barrel has tentatively resolved seven proposed class actions over its collection of customers’ ZIP codes and a related coverage dispute with Hartford Fire Insurance Co. in Illinois federal court.

According to a notice posted May 16, a settlement has been reached that would end the underlying actions in California state and federal courts accusing Euromarket Designs Inc., better known as Crate & Barrel, of requesting and recording customers’ ZIP codes during credit card transactions.

The article then gives details about the lawsuits and the insurance coverage action, including efforts to persuade Hartford to honor its duty to defend the privacy claims. I have written about and presented on this topic before.

Ms. Shresthsa quotes me in her article, with my comments regarding the import of the settlement. To read the entire article, including my quotes, click on over to Crate & Barrel Hammers Out Deal Ending ZIP Code Suits.

Disclaimer:

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

Posted on March 21, 2012 by Scott Godes 4 comments

In the article, Risk managers’ expertise valuable in cyber risk efforts, Business 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.

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Category Archives: Privacy

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