Tag Archives: Privacy

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

 

Looking to attend a great conference where you can learn about cyber risks, cyberinsurance, data breaches, data privacy, cyberattacks, and more? HB Litigation ConferencesThen 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.
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Please join me for: Data Breaches and Advanced Persistent Threats: Planning for Them, Getting Them Resolved, and Getting Insurance to Cover Them

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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:

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.

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.

Copyright Dickstein Shapiro LLP 2013. All Rights Reserved.  Reposted with permission.

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

The Policyholder Informer blog of the insurance coverage and insurance recovery practice of my formerData Privacy 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:

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 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.

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


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:

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.

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