Roberta Anderson

Roberta Anderson

K&L Gates LLP

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Latest Publications


U.S. Bank v. Indian Harbor: Insurers Face Another Restitution/Disgorgement Setback

In a recent decision, the United States District Court for the District of Minnesota held that insurers could not use the so-called restitution/disgorgement defense to avoid covering amounts that their insured bank agreed to...more

9/11/2014 - Affirmative Defenses Banks Disgorgement Overdraft Fees Restitution U.S. Bank National Association

Your D&O Insurance Policy Post-Halliburton

In its recent, highly anticipated decision in Halliburton Co. v. Erica P. John Fund, the U.S. Supreme Court declined an invitation to overturn the so-called “fraud on the market” presumption applicable to securities class...more

7/30/2014 - Basic v Levinson Board of Directors D&O Insurance Halliburton Halliburton v Erica P. John Fund Professional Liability SCOTUS

Global Boardroom Risk Solutions Newsletter

Now more than ever, there is a need for risk solutions in the boardroom. Any organization can be faced with a significant crisis, whether a fraud investigation, a regulatory infringement, allegations of anticompetitive...more

7/25/2014 - Chief Compliance Officers Compliance Enforcement EU FCPA Fraud Investigations Risk Assessment Risk Management UK

Halliburton II: Supreme Court Upholds Fraud on the Market Presumption, but Gives Securities Defendants a Fighting Chance at...

On June 23, 2014, the Supreme Court issued its highly-anticipated decision in Halliburton Co. v. Erica P. John Fund. The Court had accepted Halliburton for review to consider whether to overrule or substantially modify its...more

7/8/2014 - Basic v Levinson Class Certification Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund Presumption of Reliance SCOTUS Securities Fraud

Tips For Navigating U.S. and International Data Breaches

Navigating today’s complex legal and regulatory framework surrounding data breaches can be a daunting process for even the most sophisticated organization. In the United States, there is not currently a national uniform data...more

7/2/2014 - Breach Notification Rule Cybersecurity Data Breach EU Gramm-Leach-Blilely Act Regulatory Standards

Coming This Spring to an Insurance Policy Near You: Cybersecurity Data Breach Exclusions

Against the backdrop of Target’s massive data breach and the recent Heartbleed headache, the insurance industry’s imminent implementation of a series of new cybersecurity data breach exclusionary endorsements, which were...more

5/2/2014 - Commercial General Liability Policies Corporate Counsel Cybersecurity Data Breach Data Protection Policy Exclusions

Five Reasons Why The Sony Data Breach Coverage Decision Is Wrong

Five Reasons Why The Sony Data Breach Coverage Decision Is Wrong On Friday February 21st, a New York trial court judge let Sony’s insurers, Zurich American Insurance Co. and Mitsui Sumitomo Insurance Co., off the coverage...more

3/11/2014 - Commercial General Liability Policies Data Breach Data Protection Personally Identifiable Information Sony

NIST Unveils Cybersecurity Framework

On February 12th, the National Institute of Standards and Technology (NIST) released its long-anticipated Framework for Improving Critical Infrastructure Cybersecurity together with a companion Roadmap for Improving Critical...more

2/18/2014 - Cybersecurity Cybersecurity Framework NIST

Five Tips to Consider When Any Public Company Might be The Next Target

With annual reporting season underway, C-suite executives wake to another day and another data breach. Target, Michael’s, Snapchat, Facebook, Twitter, Adobe -- the list goes on and on. By now, all companies should appreciate...more

2/13/2014 - Cybersecurity Data Breach Data Protection Facebook Neiman Marcus SnapChat Target

Texas Supreme Court Holds “Contractual Liability” Exclusion Inapplicable

In a long and highly anticipated decision issued today, the Texas Supreme Court held that a standard “contractual liability” exclusion does not void coverage for claims alleging that a contractor failed to construct a project...more

1/22/2014 - Commercial Insurance Policies Construction Contracts Construction Defects Construction Disputes Construction Litigation Insurance Companies Texas

Before Becoming The Next Target: Recent Case Highlights The Need To Consider Insurance For Data Breaches

If only one of Target, Snapchat, Facebook, Twitter, Adobe, and so on and so forth, had suffered a serious data breach within the last few months that would be sufficiently troubling. Yet data breaches have become so...more

1/20/2014 - Cyber Attacks Cybersecurity Data Breach Data Protection Hackers Target

The Calm Before the Storm Is the Time to Consider Insurance Coverage

There were no major hurricanes in 2013. Although the season was projected to be above average in terms of activity, this was the first Atlantic hurri­cane season without a major storm event through the month of November in...more

1/7/2014 - All-Risks Insurance Business Interruption Natural Disasters Property Insurance

Federal Insurance Office Unveils Long-Awaited Modernization Report

On December 12, the U.S. Department of the Treasury’s Federal Insurance Office (FIO) released and submitted to Congress its long-awaited report on How To Modernize And Improve The System Of Insurance Regulation In The United...more

12/18/2013 - Dodd-Frank Federal Insurance Office Insurance Reform Title V

Viruses, Trojans and Spyware, Oh My! The Yellow Brick Road to Coverage in the Land of Internet Oz – Part I

We’re not in e-Kansas anymore. And there’s no denying that present day internet Oz, while extraordinary, is increasingly scary. Cyber attacks of various types continue to escalate across the globe. As aptly stated by one...more

12/2/2013 - Cyber Attacks Cyber Crimes Data Protection Distributed Denial of Service Hackers Internet

Recent California Decision Upholds Data Breach Coverage

The U.S. District Court for the Central District of California recently upheld coverage under a commercial general liability policy for a hospital data breach that compromised the confidential medical records of nearly 20,000...more

11/27/2013 - Commercial General Liability Policies Data Breach Data Protection Healthcare Hospitals PHI

NIST Unveils Preliminary Cybersecurity Framework

On October 22, the National Institute of Standards and Technology (NIST) released its long-anticipated Preliminary Cybersecurity Framework for public review and comment. The Cybersecurity Framework was issued in accordance...more

11/25/2013 - Critical Infrastructure Sectors Cyber Insurance Cybersecurity Data Protection Incentives NIST Risk Management

Cyber Insurance - Selecting the Right Policy to Identify and Mitigate Risk

Given the prominence of recent cyber attacks, the importance of comprehensive cyber security policies in both the private and public sectors has received increased attention. As part of a comprehensive approach to cyber...more

10/28/2013 - Cyber Insurance Data Protection

How to Purchase “Cyber” Insurance

“Cyber” insurance can be an extremely valuable asset in an organization’s strategy to address and mitigate cyber security, data privacy and other risks. But selecting and negotiating the right insurance product can present a...more

10/22/2013 - Cyber Insurance

Recent California Decision Holds That Privacy/Data Breach Liability Covered Under “Traditional” Insurance Policy

In an October 7th decision, the United States District Court for the Central District of California upheld coverage under a commercial general liability policy for a hospital data breach that compromised the records of nearly...more

10/21/2013 - Data Breach Data Protection Hospitals Liability Patient Confidentiality Breaches PHI Privacy Laws

ISO's Newly-Filed Data Breach Exclusions Provide Yet Another Reason To Consider "Cyber" Insurance

Here a breach, there a breach, everywhere a data breach. Verizon’s most recent 2013 Data Breach Investigations Report remarks that “[p]erhaps more so than any other year, the large scale and diverse nature of data breaches...more

9/27/2013 - Cyber Attacks Cyber Insurance Cybersecurity Data Breach Data Protection Insurers ISOs Personally Identifiable Information

What Chinese Businesses Need to Know About Establishing an R&D Center in the United States

There is increasing interest from Chinese businesses in establishing an R&D center in the Silicon Valley and other technology centers in the United States. For example, the world’s largest mobile phone operator, China Mobile,...more

9/24/2013 - China Export Controls Licenses Scientific Research Technology

The International Comparative Legal Guide to International Arbitration 2013 - Chapter 64: USA

Arbitration Agreements - 1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of the USA? As a predicate to understanding this and other topics addressed in this chapter, it is...more

8/16/2013 - Arbitration Arbitration Agreements

New York Appellate Court Clarifies Fidelity Bond "Direct Loss" Requirement

In a unanimous July 16th decision, the New York Appellate Division held that MF Global, Inc.’s loss sustained on account of the commodities trading activities of its employee was a “direct financial loss” under MF Global’s...more

8/7/2013 - Anti-Corruption Bonds Insurers Loss of Income Surety & Fidelity White Collar Crimes

Wrap Your Head Around ISO's Additional Insured Revisions

It is common among parties to sophisticated construction projects, service agreements, leases and many other types of projects and transactions to assess the risks associated with their contractual activities and allocate...more

7/16/2013 - Additional Insured Insurers ISOs New Regulations

Insurance Coverage for Cyber Attacks - Part Two of a Two-Part Article

Last month, Part One of this article addressed the role of traditional insurance in covering cyber risks. This second installment first continues the discussion of traditional insurance coverages and then addresses specialty...more

6/10/2013 - Commercial General Liability Policies Cyber Attacks Cyber Insurance Cybersecurity Data Breach Data Protection

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