Best Practices for Negotiating Manuscript Exclusions
D&O Insurance Myths (Part 2)
Law School Toolbox Podcast Episode 388: Listen and Learn – Policy Exclusions (Evidence)
London’s Nation-State Attack Exclusion: Game Changer For The Cyber Insurance Market or An Opportunity For Competition Within the Market?
Long-Term Effects of Russia/Ukraine on Insurance
Cyberside Chats: There is a war in Europe. What does that mean for your cyber insurance policy?
Out With a Bang: Current State of Play on Coverage for COVID-Related Losses
Wait, are we related? Well, that depends on the facts and circumstances of each Claim
NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert
Ledgers and Law: Roadblocks Facing the Cannabis Industry
K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II
Prior & Pending Litigation
In connection with the increase in the number of incidents and attacks, the scope and impact of the incidents and attacks are also growing. With the rise in frequency and impact of cybersecurity incidents and cybercrimes,...more
The Appellate Court of Illinois, First District, applying Illinois law, has held that a cyber policy did not afford coverage for an underlying lawsuit alleging violations of the Biometric Information Privacy Act (BIPA)...more
The US Internet Crime Complaint Center (IC3) received more than 880,000 cybercrime complaints in 2023. Overall financial losses from cybercrime last year reached $12.5 billion, a record-setting year-over-year increase of...more
The March Monthly Minute digs into an Ohio district court ruling that rejected application of a medical plan exclusion, missing participant guidance and related audit concerns, and responses to the Change Healthcare...more
Last week, Merck & Co. filed documents with the Supreme Court of New Jersey indicating that it reached a settlement with its “all risk” property insurers in a long-running coverage dispute involving over $1.4 billion in...more
The Eleventh Circuit Court of Appeals is considering an appeal from the United States District Court for the Middle District of Florida , in which the District Court ruled that a cyber insurance policy did not cover diversion...more
In this episode, partners Jeff Meagher and Lucas Tanglen, along with associate Reymond Yammine, discuss the Russia-Ukraine conflict and insurance for state-sponsored cyberattacks, including lessons learned from the NotPetya...more
Companies should be aware that, as a result of increasing geopolitical instability, there is a heightened risk of cyber-attacks. Particularly in light of the Merck case, they should therefore consider closely examining the...more
The “war” exclusion has gotten more attention over the past couple of weeks in light of Russia’s invasion of Ukraine. For good reason. This exclusion, common in property and liability policies alike, typically eliminates...more
The conflict in Ukraine has raised significant cybersecurity concerns for businesses in the United States and across the world, resulting in an increased focus on using cyberinsurance to mitigate any resulting losses. The...more
Jerich Beason & Whitney McCollum speak on this Cyberside Chat to discuss the recent Merck & Co. cyber insurance win and how this impacts future wars fought with cyber weapons such as the conflict in Ukraine. This case sets a...more
We are still in the relatively early stages of jurisprudence addressing the insurability of loss stemming from data breaches. Compared to the more developed body of case law interpreting coverage provisions and exclusions...more
In a significant victory for policyholders, the United States District Court for the District of Maryland recently determined that certain ransomware-related losses are covered under language commonly found in traditional...more
As cyber risks continue to proliferate, issues concerning coverage for those exposures under non-cyber or "traditional" property and casualty policies are creating uncertainty for both the insurance industry and for...more
Cyberattacks are an increasingly frequent and costly risk faced by almost every business today. While the availability and scope of cyber-specific insurance has developed exponentially over the past few years, it is important...more
In this month's edition of our Privacy & Cybersecurity Update, we examine a declaration on ethical considerations for artificial intelligence, the annual joint review of the Privacy Shield, a new lawsuit from a snack food...more
Cyber due diligence is quickly becoming the “new normal” for buyers in M&A transactions as they seek to protect themselves against cyber risk. Cyber due diligence, however, is only part of the solution. Many sophisticated...more
Cyber incidents can take many forms—phishing, insider theft, SQL injection, malware, denial of service, session hijacking, credential farming, or just old fashion “hacking.” Although many of these attack vectors employ...more
Your company’s computer system has been compromised by a hacker. From your initial investigation, you discover that the hacker has accessed proprietary company information and customer information including Social Security...more
Due to the increasing number of successful and attempted cyber-attacks and increased government scrutiny surrounding protection of confidential information, companies cannot ignore the various risks associated with potential...more
This month's WannaCry "ransomware" attack—the first truly global incident of its kind—is believed to have affected at least 300,000 computers in over 150 countries, claiming among its victims many large corporations and...more
Over the last decade as the specter of cyber attacks has increased dramatically, financial institutions have been encouraged to look into the use of cyber fraud insurance as one means of minimizing risk. A recent decision by...more
As the demand for insurance coverage for cyber-related losses continues to grow, more insurance companies are offering cyber insurance policies and endorsements, but the market is far from mature and the available policies...more
It has been said that there are two types of companies in the world – those that have been hacked, and those that do not yet know they have been hacked. While perhaps an overstatement, it seems that every day, another company...more
It is an otherwise normal day until you, the General Counsel, receive a call from the CIO: “We have a cyber-security breach. We’ve identified some unusual activity and it appears that data has been sent out through unknown...more