Analyzing D&O and E&O Coverage for Data Breach and Privacy Litigation and Regulatory Investigations
Insurer and Policyholder Approaches to Resolving Coverage Disputes
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide insurance counsel with the knowledge to analyze availability of coverage for data breach and privacy violation claims and litigation under D&O and E&O policies for third-party liability and defense costs. The program will instruct counsel on how coverage can reach other exposures, such as regulatory investigations, fines and penalties, and the first-party costs associated with managing a data breach event.
Outline
- Scope of D&O coverage
- Side A, B and C coverage
- Exclusions
- Regulatory exclusion
- Prior/pending litigation exclusion
- Bodily injury exclusion
- Contractual liability exclusions
- Data breach claims and causes of action implicating D&O and E&O coverage
- Specific policy issues
- “Other insurance” clauses
- Prior knowledge of threats or related wrongful acts
- Late notice
- Recent case law and litigation trends
Benefits
The panel will review these and other key issues:
- Relevant policy exclusions that may impact coverage for cybersecurity claims and litigation
- Key policy language impacting coverage for cybersecurity claims and litigation
- Recent case law and litigation trends
Faculty

Roberta D. Anderson
Partner
K&L Gates
Ms. Anderson has over fifteen years of experience in complex commercial litigation and alternative dispute resolution.... | Read More
Ms. Anderson has over fifteen years of experience in complex commercial litigation and alternative dispute resolution. She is a member of the firm’s global Insurance Coverage and Cyber Law and Cybersecurity practice groups, and she concentrates her practice in the areas of insurance coverage litigation and counseling and emerging cybersecurity and data privacy-related issues. She has unique and substantial experience in the drafting and negotiation of D&O, technology E&O, data privacy and “cyber”-liability, and other insurance coverages.
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Joshua A. Mooney
Partner
White & Williams
Mr. Mooney is the co-chair of his firm’s Cyber Law and Data Protection practice group and is a member of its... | Read More
Mr. Mooney is the co-chair of his firm’s Cyber Law and Data Protection practice group and is a member of its Business Insurance and Intellectual Property practice groups. Mr. Mooney’s practice focuses on complex privacy, cybersecurity, and intellectual property coverage issues under a variety of insurance policies, including general liability and cybersecurity, media, as well as e-commerce liability, D&O, E&O, and financial institution bonds. As a leader of the firm’s cyber group, Mr. Mooney also advises corporate clients on cyber liability, helping companies navigate the patchwork of state and federal law regarding “reasonable” cybersecurity measures, the protection of data, and notification requirements following a data breach.
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William T. Um
Policyholder, Counsel
Kilpatrick Townsend & Stockton
Mr. Um represents corporate policyholders in complex insurance coverage claims relating to class actions, media... | Read More
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.
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