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K&L Gates LLP

CrowdStrike IT Outage: Wave of Business Interruption Claims Expected

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Businesses, public services, and computer users across the world faced disruption as a result of the major CrowdStrike information technology (IT) outage, which is being coined by many as one of the largest and worst cyber...more

Wiley Rein LLP

Exclusion for Disclosure of “Confidential or Personal Information” Bars Coverage for BIPA Claim Involving Collection and...

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The United States Court of Appeals for the Seventh Circuit, applying Illinois law, has held that an exclusion for claims arising out of any access to or disclosure of any person’s “confidential or personal information” bars...more

Esquire Deposition Solutions, LLC

Stemming Losses That Go Uncovered by Cyber Insurance

Twenty years ago the federal government designated October as Cybersecurity Awareness Month, part of an early effort to promote a wider appreciation of computer-related threats to business and government operations and to...more

Cadwalader, Wickersham & Taft LLP

Association Of British Insurers Releases Guidance for Members on Taking Action Against Nature and Biodiversity Loss

The Association of British Insurers published guidance (the Action on Nature Guide) setting out what insurers and long-term savings providers can do to help prevent biodiversity loss in the UK and become more “nature...more

Kohrman Jackson & Krantz LLP

Coverage Challenges in Ransomware Claims: Cyber Insurance Policies and Trends in Denials

A consistent pattern emerges in data breach and cyber-attack cases when companies turn to their insurers for coverage after such incidents. Whether they possess specialized cyber insurance or not, insurers often decline...more

Morgan Lewis

Legal Considerations for WHO’s ‘Possibly Carcinogenic’ Aspartame Classification

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On July 14, 2023, the World Health Organization (WHO) published a summary of two findings regarding aspartame, an artificial sweetener found in many consumer products. One finding categorized aspartame as “possibly...more

Carlton Fields

7th Cir. Holds Insurance Coverage Applies to Settlement Payments for Alleged Anti-Kickback and False Claims Act Violations

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On May 3, 2023, the Seventh Circuit Court of Appeals, in Astellas US Holding Inc. v. Federal Insurance Co., held that a liability insurer was required to contribute its limits toward its insured’s payment to settle potential...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - May 2023

Supreme Court Hears Argument on Traceability Requirement in Circuit-Split Slack v. Pirani - Key Points - - Before the end of June, the U.S. Supreme Court is expected to issue a decision in a high-profile securities case...more

Adams and Reese LLP

Risky Business – Making Indemnities Work

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Businesses and individuals enter into indemnification or hold harmless agreements to protect one party of the transaction from the risks or liabilities created by the other party of the transaction. To defray the costs in...more

Jones Day

Four Ways to Protect Your Cyber Insurance in Today’s Challenging Market

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In Short: The Situation: The cyber insurance market is experiencing a major retrenchment, with insurers seeking to limit their exposure in a variety of ways....more

McGuireWoods LLP

Ohio Supreme Court Holds that Insurance Policy Does Not Cover Ransomware Attack on Software

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In a unanimous decision, the Ohio Supreme Court found that appellee EMOI Services, LLC’s (“EMOI”) businessowners insurance policy does not cover losses resulting from a ransomware attack on EMOI’s computer software systems....more

Katten Muchin Rosenman LLP

Leased Aircraft Stranded in Russia: A Survey of the Pending Insurance Claim Litigation in Different Jurisdictions

Key Points - - Insurance companies are bracing themselves for years of legal disputes over liability for total losses claimed by lessors to aircraft stranded in Russia as a result of sanctions over Russia's invasion of...more

Butler Weihmuller Katz Craig LLP

Profiting from a Peril: Business Interruption Valuation During Economic Instability

The pandemic and political turmoil are causing widespread and long-term economic volatility after many years of positive trends. But covered commercial property losses continue, whether caused by fire, wind, or other causes...more

Law Matters

Today’s Insurance Defense Concerns Amid Hurricane Season – Q&A with Hope C. Zelinger

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We recently asked Miami-based attorney Hope C. Zelinger about the myriad issues related to natural disaster insurance claims and how to uncover fraudulent claims....more

Farella Braun + Martel LLP

Using Multi-Factor Authentication as a Prerequisite to Cyber Liability Coverage

Multi-factor authentication (MFA) is more than an annoying popup or text message when logging onto a company’s website or platform. Not only is using MFA a sound security practice and good business, it is frequently becoming...more

White & Case LLP

Aviation Insurance and Other Claims Arising out of Russian Sanctions

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The following materials contain a high level description of potential insurance claims and other claims that may be available to a foreign owner, lessor or financier of aircraft stranded in Russia...more

Akerman LLP - Health Law Rx

Healthcare Cyber Insurance? Fortify Your Defenses

Healthcare breaches, including ransomware attacks, continue to increase. As a result, many healthcare organizations seeking cyber coverage to help defray the costs associated with a ransomware attack or other data incident...more

A&O Shearman

Insurance disputes and jurisdiction clauses

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In a tower of insurance policies where the primary policy did not contain a choice of law or jurisdiction clause, a clause in the excess policies that purported to follow the choice of law and jurisdiction in the primary...more

Hinshaw & Culbertson - Insights for Insurers

The State Of COVID-19 Coverage Litigation In The United States

The issuance of various governmental orders requiring businesses to temporarily modify or close their operations during the COVID-19 pandemic led to an immediate avalanche of claims and lawsuits involving first-party...more

Farella Braun + Martel LLP

Continuing Use of CGL Policies to Cover Data Breach Losses

Our lives and the products and devices we use become more dependent on data by the day. As a result, cyberattacks and data breaches present everchanging risks to companies and individuals, and the importance of applicable...more

Kennedys

Coverage issues raised by cryptocurrency

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Insurers and consumers alike are seeing the emergence of cryptocurrency in their daily lives. As increasing numbers of companies worldwide begin using bitcoin and other digital assets for a host of investment, operational,...more

Kennedys

An in-depth look at the Target decision finding that loss-of-use damages included costs of replacing payment cards compromised in...

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On March 22, 2022, the United States District Court for the District of Minnesota ruled that two ACE insurers were obligated to indemnify Target Corporation (“Target”) for the amounts it paid to settle claims related to...more

Jones Day

Policyholders Should Not Overlook Traditional Policies in Evaluating Coverage for Cryptocurrency-Related Risks

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Introduction - Cryptocurrency, such as Bitcoin, is a decentralized and exclusively virtual currency that is secured through cryptography. Companies using or investing in cryptocurrency face various risks, such as market...more

Miller Nash LLP

[Webinar] Panic! at the Firewall: Cyber Incident Response and the Role of Insurance - May 17th, 9:00 am - 10:30 am PDT

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Cyber incidents are increasing in frequency and severity across all businesses and industries. As the saying goes, it’s not a matter of IF but WHEN an incident will occur. In this webinar we will explore ways that you can...more

Lowenstein Sandler LLP

Cyber Insurance Changes in the Aftermath of Log4j

In this episode of Lowenstein’s Cybersecurity Awareness series, Ken Fishkin, Lowenstein’s Manager of Information Security, speaks with Lynda A. Bennett, Chair of the firm’s Insurance Recovery Group, about the impact of...more

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