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Cyber Security Insurance: Four Key Questions to Ask When Speaking to a Broker

As cyber-attacks and data breaches are becoming increasingly commonplace, management and corporate boards are seeking avenues to transfer a wide-range of potential cyber risks through an insurance policy. Mr. Zeichner discusses the four key questions that must be asked by any corporation seeking to obtain...

Video: Godes, Bortnick Square Off On Cyber Coverage

Two highly experienced insurance coverage attorneys - Scott Godes of Dickstein Shapiro and Richard Bortnick of Cozen O'Connor - faced off during the "NetDiligence Cyber Risk & Privacy Liability Forum" held in Philadelphia on June 7 and 8, 2010. Hear what they had to say about coverage...

Videocast: Scott Godes and Richard Bortnick Face Off On: Cyber Insurance for Data Breaches and Advertising Injury, and Defining Publication

Two highly experienced insurance coverage attorneys - Scott Godes of Dickstein Shapiro and Richard Bortnick of Cozen O'Connor - faced off during the "NetDiligence Cyber Risk & Privacy Liability Forum" held in Philadelphia on June 7 and 8, 2010. Hear what they had to say about coverage...

Smaller Companies Should Consider Cyber-Liability Insurance

Smaller companies increasingly are the subject of data breaches and those smaller companies "are the number-one target of cyber-espionage attackers," according to a recent study detailed in a April 24, 2013 CFO.com article entitled "Should You Consider Cyber Insurance?" ( here...

More On ISO’s Just-Filed CGL Data Breach Exclusions

As discussed in the Late-r Notice column in the last issue of Coverage Opinions , there has been much chatter of late about insurance for losses that a business sustains from cyber liability – especially data breaches. Think of a computer network that has been hacked or somehow failed, with the...

Mitigating Cyber Risk: Strategies to Reduce Exposure

By Tyler Gerking It’s official—cybersecurity is now a top-ranked risk at the board level, according to the “ Lloyds Risk Index 2013 .” This should make digital risk a focus of senior corporate management. Those managing corporate risk should leverage the emerging cyber...

Preparing for a Data Breach – What to Know About Breach Notification

by Kelsey S. Farbotko Data breaches are at the forefront of the news, and many companies, including those dominant in the health care industry, have found themselves front and center in the headlines. Although recent news stories have focused their attention on attacks on major, nationwide companies...

Thinking About the Data Breach Securities Class Action Lawsuits Yet to Come

There has been extensive litigation filed in the wake of the many high-profile data breaches over the last several years, but by and large the lawsuits have been filed on behalf of consumers or employees. Along the way, there have also been lawsuits filed against the directors and officers of the companies...

Williams Mullen: Preparing for a Data Breach – What to Know about Breach Notification

By Kelsey S. Farbotko Data breaches are at the forefront of the news, and many companies, including those dominant in the health care industry, have found themselves front and center in the headlines. Although recent news stories have focused their attention on attacks on major, nationwide companies...

Next Up: A Home Depot Data Breach-Related D&O Lawsuit?

After claimants filed shareholders’ data breach-related derivative suits against the boards of Target ( here ) and Wyndham Worldwide ( here ), a number of commentators (including me) asked whether we could see a wave of cybersecurity related D&O lawsuits. Interestingly, since these two lawsuits...

Got a Data Breach? Call a Cyber Lawyer First!

By Richard J. Bortnick of Traub Lieberman Straus & Shrewsberry LLP Data breaches don’t care about how mighty your organization is. Whether your company is Fortune 500®, middle-market or even a mom and pop, you’re at risk of a breach. It doesn’t matter whether the intrusion...

47 State AGs Ask Congress to Preserve Their Authority to Investigate Data Breaches

by Siran S. Faulders , Steve D. Rosenthal and C. Reade Jacob, Jr. On July 7, 47 state attorneys general signed onto a multistate letter to the U.S. Congress emphasizing the importance of maintaining states’ authority to enforce data breach and data security laws, and their ability to enact laws...

Needed Now: Experienced and Talented Cybersecurity Professionals to Protect Government Data Systems

The announcement on June 4th of a massive cybersecurity attack that compromised data stored on Office of Personnel Management (OPM) systems for 4.2 million current and former federal employees is the most recent head-smacking report of how porous the government’s cyber defense systems apparently...

O.K., This Is a Big Deal: 7th Cir. Reinstates Neiman Marcus Consumer Data Breach Class Action

In a ruling that could provide an important boost future consumer data breach class action litigation, the Seventh Circuit has reinstated the Neiman Marcus data breach lawsuit, ruling that the district court erred in concluding that the plaintiffs’ fear of future harm from the breach was insufficient...

States and Congress Differ on Security-Breach Regulation

by Korey Clark Nearly every state in the country has passed a law requiring private or government entities to notify individuals about security breaches involving their personal information. And states have been toughening those laws in recent years. But cybersecurity legislation pending in Congress...

Data Breach-Related Derivative Lawsuit Filed against Home Depot Directors and Officers

In early 2014, when plaintiffs initiated data breach-related derivative lawsuits against the boards of Target Corp. ( here ) and Wyndham Worldwide ( here ), there was some speculation that these cases might be the first of what could become a wave of data-breach related D&O lawsuits. But then the...