Insurance Coverage for Data Breach and Privacy Violations: Current Status of Coverage Under D&O, E&O and Cyber Policies
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide insurance counsel with an analysis of current trends and developments regarding data breach and privacy violation claims and litigation. The program will analyze the current landscape regarding potential insurance coverage under D&O, E&O, and cyber policies. Are the newer cyber products living up to expectations as originally marketed to policyholders?
- Trends in data breach litigation, liabilities, and exposures
- Standing and requirement to show “damages” — plaintiffs’ lawyers still trying
- Increase in regulatory actions (FCC, SEC, FTC, etc.)
- Rise in shareholder and other securities actions
- Current status of coverage under D&O, E&O policies
- Apache Corp. v. Great American Insurance Co. (5th Cir.)
- Relevant coverage under D&O and E&O policies
- New York Department of Financial Services regulations
- Cyber insurance trends and developments
- First-party coverages
- Third-party liability
- Coverage battlegrounds (misrepresentation, sublimit disputes)
- P.F. Chang’s China Bistro, Inc. v. Federal Insurance Co. (D. Ariz. 2016)
The panel will review these and other key questions:
- Which policies may yield the most recovery for costs and expenses arising from the breach such as notification, credit monitoring and public relations?
- When might D&O and E&O provisions and policies provide coverage to cyber risks?
- Have cyber policies provided adequate protections to the companies that were early purchasers of these new products?
Roberta D. Anderson
Cohen & Grigsby
A Partner of the firm’s Data Security and Insurance Recovery Practice Groups, Ms. Anderson concentrates her... | Read More
A Partner of the firm’s Data Security and Insurance Recovery Practice Groups, Ms. Anderson concentrates her practice in the areas of insurance coverage litigation and counseling and emerging cybersecurity and data privacy-related issues, including security incident planning and breach response. For nearly two decades, she has represented clients in connection with a broad spectrum of insurance issues arising under almost every kind of business insurance policy.Close
Laura Schmidt, Esq.
White and Williams
Ms. Schmidt's practice includes insurance coverage litigation, bad faith litigation, and insurance contract... | Read More
Ms. Schmidt's practice includes insurance coverage litigation, bad faith litigation, and insurance contract disputes. Her practice focuses on complex insurance coverage and defending insurers in coverage actions for long term environmental contamination.Close
William T. Um
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.Close