Biometric Privacy Litigation: Coverage Under D&O, E&O, CGL, Cyber and Other Policies

Advocating Positions From Policyholder and Insurer Perspectives

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, November 26, 2019

Recorded event now available

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Program Materials

This CLE webinar will provide insurance counsel with an analysis of current trends and developments regarding biometric privacy violation claims and litigation. The program will analyze the current landscape regarding potential insurance coverage under D&O, E&O, CGL, cyber, and employment practices policies to address coverage issues and gaps related to this litigation.

Description

State biometric privacy suits are on the rise. The Illinois Biometric Information Privacy Act (BIPA) was enacted to regulate the collection and storage of biometric information by private entities and covers retina or iris scans, fingerprints, voiceprints, and scans of hand or facial geometry. In the employment context, it requires an employer using biometric information--such as fingerprint scans to clock in and out, access secure areas, or to log in to point-of-sale systems--to have a written policy in place, and to obtain a written release from employees for the collection and use of this information as a condition of employment. Other states have enacted similar laws.

BIPA provides for a $1,000 penalty for each negligent violation, a $5,000 penalty for each willful or reckless violation, and the recovery of attorney's fees and other litigation expenses. As a result, the potential exposure for alleged violations of BIPA can become very costly.

Specialized cyber insurance may be the best bet for companies to defray the costs of litigation. Policyholders may also be able to find general liability and more traditional coverage to cover these risks.

Listen as our authoritative panel provides insurance counsel with an analysis of current trends and developments regarding biometric privacy violation claims and litigation. The program will analyze the current landscape regarding insurance coverage under D&O, E&O, CGL, cyber, and employment practices policies and address coverage issues and gaps related to this litigation.

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Outline

  1. Overview
  2. State surveys of biometric privacy legislation
  3. Coverage issues
  4. Trends
  5. Practical guidance and strategies

Benefits

The panel will review these and other significant issues:

  • What types of insurance are available for these suits?
  • What is the status of coverage under D&O, E&O, CGL, cyber, and other policies?
  • What are the best practices from policyholder and insurer perspectives?

Faculty

Moss, J. Andrew
J. Andrew (Andy) Moss

Partner
Reed Smith

Mr. Moss is a member of the firm’s Insurance Recovery Group in the Litigation Department. He concentrates his...  |  Read More

Schwartz, Jonathan
Jonathan L. Schwartz

Partner
Goldberg Segalla

Mr. Schwartz is the Chair of the firm’s Cyber Risk Coverage practice. His practice extends to insurance coverage...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$297

Download

48 hours after event

$297