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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

Privacy & Cybersecurity Update - August 2014

In This Issue: - NIST Announces October Workshop and Releases Framewok Update - Insurance Company Succeeds in Cybersecurity Litigation - Safe Harbor Under Attack — This Time From a US Group -...more

Learning from Target: Insurance Coverage for Data Breaches

Cyber liability is a clear and present danger. Target Corp. recently reported at least $235 million as gross expenses related to its 2013 data breach. Fortunately, Target was able to recover $90 million of that loss under...more

Data protection authority approves insurance antifraud registry

Data protection rules will be adequately protected through the registry to be set up against frauds in the insurance sector according to the Italian data protection authority. ...more

Why Cyber Security? [Video]

• Electronic data and credit card information can be compromised due to malware, phishing, spear phishing, data loss and data theft • The risk of cyber liability is real for ALL enterprises whether large or...more

Does your CGL Policy Include Cybersecurity Coverage?

As implied by the name, the commercial general liability (CGL) insurance policy provides businesses with coverage for a wide array of claims by third parties, including claims for damage to “tangible property” and claims...more

The Inevitable Cyber Break In: Are You Protected?

The prevalence of cyber data breach over the years has not only grown in number, but has also grown in size. Perhaps the most well-known example of a large-scale data breach is that suffered by Target Corp. occurring at the...more

Cyber Risks For The Boardroom

The Recent Increase In Focus on Privacy Issues - Privacy issues have been the focus of many state efforts over the past few years. However, the SEC has increased their focus tremendously over the past few months (see...more

Cyber and Data Security and Privacy Liability: The Problem Isn’t Going Away. Get Out in Front of the Problem By Insuring Your...

On August 6, 2014, the New York Times – and other media outlets – reported that a Russian crime ring had amassed the largest known collection of stolen Internet data – a cache of at least 1.2 billion user name and password...more

The Affordable Care Act—Countdown to Compliance for Employers, Week 21: Self-Funded Group Health Plans, the Affordable Care Act...

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) ushered in broad national standards aimed at improving the efficiency and effectiveness of the U.S. health care system. Referred to generically as...more

New Mandatory Exclusions in Standard CGL Policies Limit Coverage for Data Breaches

The insurance industry continues to respond to the growing threat of data breaches by directing businesses facing that risk towards new, risk-specific cyber insurance products, while attempting to restrict coverage for data...more

Healthcare Legal News - July 2014 • Volume 4, Number 2

In This Issue: - DO SUBSIDIZED HEALTH CARE PLANS PURCHASED UNDER THE AFFORDABLE CARE ACT TRIGGER THE ANTI-KICKBACK STATUTE? The advent of federally subsidized private pay health insurance under the Affordable...more

If Exposed to Cyber-Attacks, Cyberinsurance May Cover Losses

Your network is your company’s life blood. You want to be protected in the event your cybersecurity is breached; the attack on Target being a recent, well-publicized reminder to the threat of cyber attacks. ...more

Data Breach Liability Exclusion – It’s Not Your Father’s CGL

No business is immune to data breach. Digital data in particular can be lost in innumerable ways, causing serious business interruptions and consumer injuries. After falling victim to a hack, virus, or cyber theft, companies...more

Privacy & Cybersecurity Update - June 2014

In This Issue: - New Studies Highlight Privacy and Cybersecurity Risks and Costs - SEC Commissioner Addresses the Role of the Board on Cybersecurity Matters - Supreme Court Decision on Cellphone Searches...more

Managing Risk in an Inhospitable Environment: The Restaurant and Hospitality Industries are an Alluring Destination for Cyber...

The recent onslaught of cybersecurity incidents and payment card thefts dominate daily headlines and have captured the nation’s attention—from the diner whose credit card was compromised during a data breach to the President...more

“May I have your ZIP Code?” Retailers may want to read this….

There are only a handful of decisions addressing whether a commercial general liability (CGL) policy provides coverage for lawsuits brought against retailers allegedly collecting their customers’ ZIP code information. ...more

Data Breach + No Insurance + No Legal Counsel = #Loss

Welcome to the new age! Data breaches are embedded in our lives – there is no escape. The costs to any company to operate a business without cyber liability insurance and legal counsel are astronomical. Is your company...more

Policyholders are Exposed to Cyber-Risk from Their Third Party Contracts

The use of third party technology service providers has become widespread and commonplace in all industries. Technology services like “cloud” data storage providers and software as a service (SaaS) allow companies of all...more

SEC Requires Greater Disclosure of Cyber Events

Cyber is still a relatively young risk and the various stakeholders in cyber-risk are at times, still trying to determine their particular role. This includes the officers and/or directors of companies for establishing...more

Insurance Coverage for Data Breaches - What Every Business Needs to Know

According to FBI Director Robert Mueller, "there are only two types of companies: those that have been hacked and those that will be…." Computer hackers stealing our personal information (social security numbers, bank...more

Insurance Coverage for Data Breach Claims

Recent examples of data breaches resulting in invasion of privacy lawsuits abound. Target and other retailers, financial services companies and other businesses have had their internal data systems breached and consumers’...more

Cyber-Coverage: Clarity or Confusion

As the number of data breaches and disclosure of personally identifiable information (“PII”) increases, courts are being asked to decide whether such claims for data breach and disclosure of PII are covered by traditional...more

Policyholders Face Heightened Scrutiny Under OCR’s New Permanent Audit Program

The U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) has notably increased enforcement of compliance with the Health Insurance Portability and Accountability Act (“HIPAA”) and Health Information...more

Key Questions to Ask When Preparing a Data Breach Response Plan (Part II)

Following up on last week’s post, we return to the wide range of questions about a company’s operations that can guide a team building a data breach response plan to cover many of the risks encountered in the wake of a...more

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