Mitigating D&O Liability Exposure for Data Privacy and Cybersecurity Breaches
Reducing D&O Risk With Internal Controls, Insurance, and Indemnification; Defending Derivative Lawsuits
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide counsel with an examination of existing and emerging risks corporate directors and officers face with respect to how their organizations handle data privacy and data security. The panel will explain the breadth of D&O fiduciary duties in this area, the application of the business judgment rule, and best practices to reduce risks and guard against lawsuits.
Outline
- Latest trends in derivative and securities fraud lawsuits for cybersecurity breach
- Recent government enforcement activity
- D&O duties related to privacy and cybersecurity
- Best practices to reduce the risks to directors and officers before and after a breach
- Evaluating and negotiating insurance coverage and indemnification agreements
Benefits
The panel will review these and other key issues:
- What are the latest trends in derivative and securities fraud lawsuits after a corporate data breach?
- What steps has the federal government taken in recent years to monitor and address cybersecurity concerns?
- What issues should directors and officers understand when evaluating a corporation’s risks related to cybersecurity?
- What fiduciary duties do directors and officers owe corporations and shareholders with regard to data privacy and data security?
- How can insurance policies, director exculpation clauses, and indemnification agreements help protect directors and officers from personal liability?
Faculty
Sharon R. Klein
Partner
Pepper Hamilton
Ms. Klein is Chair of the Privacy, Security and Data Protection practice. She is also a leader of the Technology... | Read More
Ms. Klein is Chair of the Privacy, Security and Data Protection practice. She is also a leader of the Technology practice and the Digital Health practice. Ms. Klein handles a variety of corporate and intellectual property matters, in particular, helping technology and outsourcing clients grow and succeed. She advises businesses on planning, drafting and implementing privacy, security and data protection policies and “best practices,” compliance with applicable laws, regulations and rules, and crisis management and litigation strategies for noncompliance. Ms. Klein is certified as an information privacy professional by the International Association of Privacy Professionals and is a frequent writer and presenter on privacy, security and data protection matters.
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Larry Racioppo
Senior Vice President
USI Insurance Services
Over the past 20 years Mr. Racioppo’s insurance career has developed comprehensive and creative solutions for... | Read More
Over the past 20 years Mr. Racioppo’s insurance career has developed comprehensive and creative solutions for both commercial and financial institutions. He deals with all aspects of the transaction for a broad range of management and professional liability products, including: D&O liability, employment practices liability and network security/privacy related coverages.
CloseAngelo A. Stio, III
Partner
Pepper Hamilton
Mr. Stio is a partner in the firm’s Litigation and Dispute Resolution Department and a member of the Privacy,... | Read More
Mr. Stio is a partner in the firm’s Litigation and Dispute Resolution Department and a member of the Privacy, Security and Data Protection group. His practice focuses on complex commercial disputes, defending class actions and derivative suits and corporate governance issues. He has published articles on data privacy and security, electronic discovery, class actions and corporate law issues and has served as a speaker at several seminars.
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