Joseph Bermudez

Joseph Bermudez

Wilson Elser

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North Korea’s Attack Raises Critical Coverage Issues and TRIA Implications

Potential Critical Coverage Issues - The FBI advised that the recent attack on Sony Pictures Entertainment (SPE) “destroyed systems” and “rendered thousands of SPE’s computers inoperable, forced SPE to take its entire...more

12/24/2014 - Corporate Counsel Cyber Attacks Cybersecurity FBI North Korea Popular Sony Terrorism Insurance TRIA

Data Security, Cyber Liability and First-party Costs for Mid Cap and Small Companies Are Reaching Catastrophic Levels

Curiously, while the numbers on data security and cyber liability losses have grabbed headlines, the published information has not focused on the insurance perspective. NetDiligence® recently released its Cyber Claims Study...more

12/16/2014 - Cyber Insurance Cybersecurity Data Protection Liability Popular Small Business

Tenth Circuit: Property Damage Surrounding Defective Windows Is an “Occurrence” Because Damage Is Unexpected from Insured’s...

In Cincinnati Insurance Company v. AMSCO Windows, No. 13-4155 (10th Cir. November 26, 2014), Cincinnati insured AMSCO, which manufactures windows for use in homes and sells the windows to distributors. Certain AMSCO windows...more

12/11/2014 - Commercial General Liability Policies Construction Contracts Construction Defects Construction Industry Construction Project Design Defects Duty to Defend General Contractors Occurrence Property Damage Property Insurance

Cyber Voluntary Payment Defense Thwarted by Bank Fraud Regulation

Financial institutions are one of the entities most threatened by cyber crisis events. As data breaches and cyber threats become more inventive, the risks to financial institutions and their clients continue to grow. However,...more

10/9/2014 - Commercial General Liability Policies Cyber Attacks Cybersecurity Data Breach Financial Institutions Policy Exclusions Popular

FDA Outbreak Response Is Not a Constitutional Taking

Food companies are asking whether they can gain compensation from the United States government after a product recall. While the FDA Food Safety Modernization Act (FSMA) does provide for the possibility, a recent ruling by...more

10/2/2014 - Commercial General Liability Policies Court of Federal Claims FDA Food Manufacturers Food Recalls FSMA Liability Insurance

What's the One Thing Missing From Your Corporate Compliance Program?

What's the one thing missing from most corporate compliance programs? For a legal perspective, that's the question we put to corporate attorneys writing on JD Supra, asking each to commit to just one essential element...more

11/13/2013 - Chief Compliance Officers Compliance Corporate Culture Crisis Management Documentation DOJ Enforcement Actions Ethics FCPA Internal Controls Legal Perspectives Risk Management SEC

Long-Awaited Colorado Court of Appeals Stresscon Decision a Mixed Bag

Extends Notice-Prejudice Rule to Voluntary Payments under Liability Policies, Finds “Other Insurance” Clauses Curb Double Damages Penalties and Leaves Pertinent Bad Faith Question Unanswered - The Colorado Court of...more

9/27/2013 - Bad Faith Commercial General Liability Policies Damages Notice Prejudice Rule Prejudice Rebuttable Presumptions

Lives and Businesses Interrupted by Rocky Mountain Floods

Over the past several days, severe flooding has inundated several states in the Rocky Mountain Region. Following the nearly fifteen inches of rain dumped on parts of Colorado, the resulting floods continue to wreak havoc in a...more

9/19/2013 - Business Interruption Flood Insurance Flood Zones Flooding Property Damage State of Emergency

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