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Insurance Coverage For Data Breaches And Privacy Violations: Are Your Corporate Clients Adequately Protected?

Webinar: ID# 1015308
Recorded CD or On-Demand
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About This Course:
Anthem, Target, Wyndham, Home Depot and numerous other businesses have been hit with major data security breaches in the past few years. Data breaches are ubiquitous, seemingly hitting the headlines nearly every day. Beyond the headlines,every business is vulnerable to sensitive data breaches as hackers grow in number and sophistication.

Data breaches can trigger potential coverage under a number of different types of business insurance policies. In addition to strong data privacy policies and processes,counsel should evaluate existing and new types of coverage as a critical component of loss transfer and mitigation. In addition to “traditional” or “legacy” types of business insurance policies, there is a fast-evolving market for specialized cybersecurity and data privacy related insurance products.

Listen as our panel of experts discusses trends in data breach and privacy violation claims and litigation. Our panel will outline how to examine existing business policies and evaluate specialty “cyber” policies to determine the optimal coverage for each situation. The panel will review defense and plaintiff approaches to resolving coverage disputes between insurer and insured that arise in the wake of data breaches and privacy violations.

Outline:
  • Trends in data breach litigation and liabilities
  • Analyzing scope of coverage in cyber policies and standard CGL, D&O, E&O policies
    • What is typically covered
    • Limits and exclusions
    • First- and third-party options
    • Defense costs
    • Statutory damages
    • Indemnity coverage for statutory damages
Benefits:

The panel will review these and other key issues:
  • Which policies will yield the most recovery for costs and expenses arising from the breach such as notification, credit monitoring and public relations?
  • Is there potential coverage under the personal and advertising injury liability coverage section of CGL policies?
  • Under what circumstances may the bodily injury and property damage section of the standard CGL form cover injuries to third parties?
  • When might D&O and E&O coverage respond to cyber risks?
  • Is there indemnity coverage for statutory damages arising under the TCPA or other privacy-related statutes?
Faculty

Roberta D. Anderson, Partner
K&L Gates, Pittsburgh
Ms. Anderson has over fifteen years of experience in complex commercial litigation and alternative dispute resolution. A member of the firm’s global Insurance Coverage and Cyber Law and Cybersecurity practice groups, she concentrates her practice in the areas of insurance coverage litigation and counseling and emerging cybersecurity and data privacy-related issues.

Joshua A. Mooney, Partner
White & Williams, Philadelphia
Mr. Mooney’s practice focuses on complex and emerging issues of insurance law, including rights of privacy and cyberspace, greenwashing and false advertising, IP, construction defect and unfair competition. He counsels insurance companies on coverage matters under general and professional liability insurance at all stages of a claim, including coverage litigation.

William T. Um, Policyholder Counsel
Hunton & Williams, Los Angeles
Mr. Um represents corporate policyholders in complex insurance coverage claims relating to class actions, media liability, IP disputes, data breach and privacy issues, directors and officers liability, and environmental and toxic tort matters. He also handles business litigation matters involving complex commercial contracts, fraud and misrepresentation claims, and unfair competition practices.

Continuing Education Credits Available

This program has been approved for 2.0 CPE hours through Strafford Publications. CPE Credit is available only for the LIVE webcast. Recorded versions do not qualify for credit.

Strafford is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit.

Processing

To obtain CPE credit, attendees must participate in the live event, return an Official Record of Attendance to Strafford affirming their participation (including the CPE code announced during the program), and pay a processing fee of $35 per person.

Credit Confirmation

Strafford will mail a certificate of credit within approximately 2 weeks of receiving an attendee's completed Official Record of Attendance—provided all required conditions have been satisfied.


Delivery

Handout materials and the phone number for live presentations are made available to you 1 day prior to the event via email from the presenter. Copies of the presentations are included with recorded versions.

If you order a recorded version of the webinar, CDs will be mailed out approximately 10 days after the live event. Shipping is included in the price of recorded versions.

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Insurance Coverage For Data Breaches And Privacy Violations: Are Your Corporate Clients Adequately Protected?
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