News & Analysis as of

D&O Insurance Cybersecurity

Woodruff Sawyer

[Webinar] D&O Insurance Trends: Looking Ahead to 2025 - September 17th, 10:00 am - 11:00 am PT

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The streak of good news in D&O litigation risk ends this year, with a rise in class action filings and bigger settlements. But the D&O market is still soft, so staying on top of the evolving risk landscape will help you...more

Ervin Cohen & Jessup LLP

A New Twist on Coverage for Losses From ‘Spoofed’ Emails

The facts are frequently the same. A company that has retained the services of a vendor receives an authentic-looking email from the vendor’s CFO which advises that the vendor has changed its bank account or method of...more

A&O Shearman

Chief Information Security Officers and cyber whistleblowing: considerations for PE firms

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Managing these risks at a single company should be straightforward.  Executives and CISOs may be personally held accountable for cyber failings, negligence, breaches, and inadequate disclosure around cyber vulnerabilities and...more

Hinshaw & Culbertson - Insights for Insurers

[White Paper] United States Insurance Trends and Decisions 2023

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more

Amundsen Davis LLC

Is Nothing Sacred? Cyberattacks May Impact Director and Officer Fiduciary Duties

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MGM Resorts is the latest victim of a cyberattack occurring on September 10th, which has set back the gambling and leisure giant substantially, both in terms of business function and income. MGM is not alone. Household names...more

Woodruff Sawyer

[Webinar] D&O Insurance Trends Looking Ahead to 2024 - September 26th, 10:00 am - 11:00 am PT

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The softening D&O market has continued into 2023, with 91% of our clients experiencing a cost reduction in their renewal in the first half of the year. Self-insured retentions have also continued to fall. The soft market is a...more

Woodruff Sawyer

What Will 2023 Bring to the Cyber Liability Market? 5 Takeaways from Our Webinar

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After two years of volatility, cyber liability prices finally appear to be normalizing due to factors that include a downturn in price increases and a lower frequency of ransomware attacks in 2022—all of which have resulted...more

Woodruff Sawyer

CISOs Under the (Liability) Gun

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Chief information security officers (CISOs) face an increased likelihood of legal scrutiny after a significant breach. It’s par for the course for CISOs to be scrutinized when security programs don’t hold up under attack—but...more

Woodruff Sawyer

Crime Market Update: Management Liability Auxiliary Lines, Part 3

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Crime policies cover theft of money, tangible property, and securities by employees and others. The crime market is currently stable. But could it be the calm before the impact of the work-from-home storm is fully known?...more

Woodruff Sawyer

Rates Continue to Decelerate in Many Areas: Q1 2022 Commercial Market Update

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Market stabilization is the theme as we closed the first quarter of 2022. We monitored the first quarter earnings releases of commercial insurers carefully to detect trends. All the top commercial lines insurers reported rate...more

Morgan Lewis

Mitigating Energy Sector Risks Through Cyberinsurance

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Energy companies in the power and oil and gas sectors are leading targets of cyberattacks, as threats to critical infrastructure systems continue to rise. A 2021 report by a third-party cyberrisk company found that a quarter...more

Woodruff Sawyer

Looking Ahead: Expert Insights into the 2022 D&O Market

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As predicted in last year’s Looking Ahead, D&O insurance rates continued to rise in 2021. However, there are early signs that the market is in transition and that some relief may be on the way. As documented in this year’s...more

Woodruff Sawyer

Looking Ahead to 2022 Cyber Insurance Expectations For The Coming Year

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1.0 CYBER MARKET UPDATE - 1.1 US Market Update - To call 2021 anything other than a sea change in the cyber insurance world would be an understatement. Indeed, nearly all cyber insurance renewals saw increases in...more

Ervin Cohen & Jessup LLP

Ruling is Instructive of Biometric-Related Claims and Insurance

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As part of the larger trend of invasion of privacy claims asserted by employees or consumers against businesses, several states have recently passed legislation that sets forth requirements for the collection, storing and...more

Robins Kaplan LLP

What Now? Addressing A Crisis Of Complexity Resulting From A Hardening D&O Insurance Market

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Following several quarters of double-digit rate hikes and increased retentions, the hardening marketing for directors and officers (D&O) liability insurance is adjusting to a “new normal” of increasing exposures, claims, and...more

White and Williams LLP

Underwriting D&O Risks for Coronavirus (COVID-19)-Related Exposures

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Among the many dramatic changes to Americans’ personal and professional lives during the past few weeks has been the noticeable absence of established guidelines and information on how to conduct business in this...more

Stoel Rives LLP

In Case You Missed It - Interesting Items for Corporate Counsel - February 2020

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The SEC proposed updates to Regulation S-K to modernize, simplify and enhance financial disclosures, here. The SEC’s press release, here, summarizes the changes as well as any law firm memo (but see here and here if you don’t...more

Akin Gump Strauss Hauer & Feld LLP

Top 10 Topics for Directors in 2020

Election and Impeachment - The presidential race will garner much of the attention during the 2020 election cycle, but there is fierce competition elsewhere, too. Republicans and Democrats are fighting for both U.S. House...more

Cooley LLP

Blog: D&O Coverage for Cyber and Privacy Related Exposure

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It goes without saying that cybersecurity is a top D&O liability concern for organizations today. According to Willis Towers Watson’s 2018 Management Liability (Directors and Officers) U.S. Survey, respondents cited cyber...more

Cooley LLP

Alert: 25 Considerations in Preparing for an IPO - for Healthcare + Life Sciences Companies

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1. Experienced advisors - Choose experienced advisors, including lawyers, auditors and financial consultants (if necessary), and get them involved early. ...more

White and Williams LLP

Marriott’s Starwood Data Breach Could Expose 500 Million Customers

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On November 30, 2018 Marriott International announced that hackers gained “unauthorized access” to the Starwood brand reservation database, potentially compromising the accounts of approximately 500 million guests. According...more

White and Williams LLP

Corporate Statements About GDPR Spark Securities Class Action Lawsuit

Since the European Union’s General Data Protection Regulation (GDPR) went into effect on May 25, 2018, commentators and analysts have speculated about the regulation’s potential effect on securities class action suits based...more

White and Williams LLP

Does the Fifth Circuit’s Decision in Spec’s Suggest a Breach for Cyber Coverage Into Other Insurance?

Despite the existence of cybersecurity insurance, companies still seek coverage for cyber liability under various types of other insurance. Carriers, in turn, rely upon broad exclusions to limit coverage for risks never...more

Blank Rome LLP

Seeking Insurance Coverage for Data Breach Claims? A Recent Case Confirms that Certain D&O Policies Potentially Provide Coverage

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Businesses are increasingly purchasing dedicated cyber insurance policies to address their cyber and data security exposures. To date, however, many of the judicial decisions addressing insurance for cyber exposures have done...more

White and Williams LLP

Breaching the D&O Firewall: The Rise of Cybersecurity Regulations for Businesses and the Future Effects on D&O Insurance

For many D&O insurers, the risk of exposure posed by cybersecurity incidents involving their insureds has been unclear at best. Cybersecurity incidents, and the corresponding shareholder claims that follow, pose unique and...more

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