Miriam Smolen

Miriam Smolen

Gilbert LLP

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By “Any Manner” Of Means: Securing Cyber-Crime Coverage After Zurich v. Sony

Much has been written about the New York Supreme Court’s landmark ruling in Zurich American Insurance Co. v. Sony Corp., Index. No. 651982/2011 (N.Y. Supr. Ct. Feb. 21, 2014), in which a New York trial court denied coverage...more

9/15/2014 - Commercial General Liability Policies Cyber Attacks Data Breach Play Station Popular Sony Third-Party Risk Zurich America Insurance Co.

Child Custody Transfers – When Does the Statutory Parental Presumption Apply?

Although this blog is usually devoted to new and interesting developments in the insurance coverage world, Gilbert LLP prides itself on its avid participation in providing pro bono legal services, including the area of family...more

7/22/2014 - Child Custody Custody Modification

Direct Physical Loss At Sea: Should Cruise Ship Companies Expect Coverage For Contamination-Related Property Damage?

The last few years have not been particularly kind to the cruise ship industry. In January 2012, thirty-two passengers were killed when the Costa Concordia capsized off the coast of Tuscany after striking a rocky shoal. In...more

6/13/2014 - Cruise Ships Hospitality Industry Property Insurance

Redbox Covers the Nation with Red Box DVD Rental Units, But its CGL Policy Doesn’t Cover Redbox

Companies facing liability for possible violations of privacy protection statutes are continuing to look to their traditional commercial general liability policies (“CGL”) for coverage. But, as Redbox recently discovered,...more

4/4/2014 - Advertising Injury Commercial General Liability Policies Redbox Video Privacy Protection Act

What to do (and not do) in a data breach response - Coordinating your response team with an incident response plan will prevent...

The moment that you realize an intruder has broken in to your network, your first response might be: PANIC! But your response should be to call your first responders — a response team that has been preselected by you before...more

2/25/2014 - Data Breach Data Breach Plans Data Protection

Cyber breach insurance: What, me worry? - Part of counsel’s job may be to ensure that the department in the company that “owns”...

One of us recently asked an in-house counsel friend in charge of litigation for a major company what questions he had about cyber insurance. His response, besides a blank look, was “I’m sure someone else in the company...more

2/25/2014 - Corporate Counsel Cyber Attacks Cyber Insurance Cybersecurity Data Breach

Cyber-insurance: Mitigating the dreaded Friday night phone call - In order to maximize coverage, companies need to make a claim...

Every in-house counsel dreads the telephone call on a Friday evening that starts with the words “I’m glad I found you.” That’s especially true if that telephone call informs the in-house counsel about the newly terminated IT...more

2/25/2014 - Commercial General Liability Policies Cyber Attacks Cyber Insurance Cybersecurity Data Breach Data Protection

Show Your Work!—The Ninth Circuit Affirms That Courts Must Explain the Math Behind the Calculation of Attorneys’ Fees

It’s an often-repeated adage of high school math teachers: show your work. In three decisions in 2013, the Ninth Circuit has demonstrated that Courts must follow this principle in calculating awards of attorneys’ fees....more

12/24/2013 - Attorney's Fees Billable Hours Fee Awards Litigation Fees & Costs Litigation Insurance Recordkeeping Requirements

For Small Business Owners, Cybersecurity Is Not a Question of "If" But 'When..."

While much of the discussion around cybersecurity tends to focus on critical information sectors, national security, and the concerns of global corporations, data breaches can be just as devastating for small and medium-sized...more

5/31/2013 - Cyber Attacks Cyber Insurance Cybersecurity Data Breach Data Protection Legal Perspectives Personally Identifiable Information Small Business

Small Business Owners and Cyber Risk

Cyber Risks Faced by Small Business Owners - Small business owners’ anxiety levels are in the red zone because of the barrage of news about hacking incidents that target businesses’ ongoing operations. While those...more

5/31/2013 - Cyber Insurance Cybersecurity Data Protection Hackers Small Business

How to Read an Insurance Policy

While insurance policies may look the same in structure at first glance, each policy is unique and contains terms, conditions, and definitions that may be different from other policies. Many insurers will utilize a standard...more

4/16/2013 - Client Services Commercial Insurance Policies Declaration Endorsements Exclusionary Clauses Terms and Conditions

Insurance Cybersecurity Regulations – What Insurance Coverage Do You Need?

On February 12, 2013, President Obama issued an executive order detailing his plan to improve critical infrastructure cybersecurity. In the Executive Order, President Obama notes that it is the policy of the United States to...more

2/15/2013 - Advertising Injury Barack Obama Copyright Cyber Insurance Cybersecurity Cybersecurity Framework Data Breach Executive Orders Infrastructure Infringement NIST

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