- Super Lawyers®
October 1, 2021 | Super Lawyers®
Predicting, analyzing, and resolving digital risks.
The number and severity of highly publicized electronic data thefts, security breaches, and alleged invasions of privacy are increasing on an exponential basis. These incidents pose a risk of substantial liability for the companies accused of such breaches. Companies, in turn, look to their insurance, including specific insurance products that address cyber liability, for coverage. Risks associated with these claims carry significant implications for our clients.
Our attorneys have experience in all aspects of cyber liability. We provide coverage analysis of first party breach or security events, and guide insureds through the breach response process using our network of experienced experts to mitigate liability, risks, and exposures. Our counsel includes:
- Complex coverage evaluations of third-party claims
- Investigative claims that arise from breach incidents, technology, multi-media
- Privacy liability coverage agreements
In addition, our lawyers draft cyber-specific policies and endorsements to address new and emerging risks. Our cyber coverage attorneys assist insurers on a variety of incidents including:
- Malware intrusions
- Cyber extortion incidents
- Large health company personal health information breaches
- IRS fraud scams
- Social engineering wire fraud transfers
- Encryption virus software
- Lost laptops
- Payment card industry fines and penalties
TEAM
EXPERIENCE
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SONY PlayStation breachIn 2011, hackers breached Sony Corporation’s PlayStation Network, stealing the personal information of millions of users. Sony sought coverage for multiple class actions brought by users, asserting that the resulting claims triggered the “personal and advertising injury” coverage under CGL policies.
Case Study
- Spearheaded coverage investigation of compromised payment card system that revealed pre-retroactive date intrusions supporting coverage denial.
- Obtained dismissal of claims by establishing that insurer was not obligated to defend numerous underlying lawsuits alleging privacy violations caused by insured's transmittal of text messages with the recipients' permission.
- Guided client's investigation of significant hacking event that resulted in breach of guest credit card information at insured resort and supported client's subsequent denial of coverage for resulting class-action lawsuit.
- In a case of first impression regarding coverage for cyber/hacking claims, obtained summary judgment for insurer on grounds that "personal and advertising injury" coverage was not implicated under a CGL policy where the insured sought coverage for liability regarding the theft of personal data by third-party hackers.
- Successfully represented London market insurers relative to massive airline-industry cyber business interruption claim.
- Managed matter involving significant breach of insured's payment-card-processing machines; tasks included acting as liaison with breach attorney and performing forensic assessments and exposure analysis for insurer clients.
- Represented domestic insurer as coverage counsel for high-profile data breach into the system of one of the world's biggest providers of permission-based email marketing.
- Resolved through mediation, difficult employment liability risks and multimillion-dollar award for both Indian and London insurance and reinsurance clients for global technology company insured.
- Led investigation and performed coverage evaluation for social-engineering loss based on policy's computer-fraud coverage part.
- Performed extensive coverage analysis of complex cyber liability risk that led to uncontested declination in the banking industry.
- Evaluated coverage for a significant HIPAA breach by a growing, shared-economy technology company that exposed customers' private health information.
- Resolved complex underlying business dispute between competitors in the medical-device field involving unfair competition and false advertising.
- Evaluated business interruption losses following software malfunction.
- Successfully represented insurers in contested declination under a cyber liability policy of a government investigation and qui tam lawsuit in the medical industry.
- Obtained favorable settlement for media and marketing company in lawsuit arising from website design project.
- Provided coverage advice regarding African physician's claim for copyright infringement for a literary work, pending in the Federal High Court of Nigeria in the Sokoto Judicial Division, Holden at Sokota, under the multimedia liability portion of client's cyber policy, and determined, through investigation, that coverage was unavailable.
- Mediated favorable settlement of complex and contested disclaimer issued to genetic-testing company concerning fifteen (15) underlying class-actions.
- Provided complex coverage evaluation of numerous purported multi-million dollar losses against global technology company under cyber and technology E&O policy.
- Successfully asserted cyber insurer's position that its multimedia coverage was excess over CGL insurer's Coverage B with respect to lawsuit involving alleged copyright and trademark infringement against insured mortgage lender due to online and television-advertising campaigns.
- Provided successful coverage advice relative to a lawsuit pending in Seoul (Korea) Southern District Court alleging trade secret violations by international pharmaceutical company insured.
- Assessed and protected cyber insurer's interests with respect to uncovered civil investigative demand by the Consumer Financial Protection Bureau to an insured lead generator.
- Advised client as to its rights and obligations, and supported denial, relative to complex and novel coverage issues arising out of Federal Trade Commission allegations against identity-theft company.
- On behalf of Underwriters at Lloyd's of London, resolved underlying lawsuit of first impression involving claims against insured hospital and hospital employee involving reckless infliction of emotional distress and negligence caused by tweets from insured's emergency room staff.
- Protected cyber insurer's rights with respect to data breach involving national chain of restaurants, including protection against franchisee PCI fines and penalties and resolution of multi-district litigation involving consumer class actions.
- Resolved complex and vigorously contested underlying business dispute between parties in the hospitality industry involving allegations of trademark infringement; advocated for coverage defenses to successfully obtain significant settlement contribution from insured.
- Sustained coverage denial based on untimely notice with respect to data requests issued by the Office of Civil Rights to insured medical provider over breach of patients' personal information.
- Resolved complex underlying business dispute between hospitality industry competitors over trademark infringement claims; leveraged coverage defenses into significant settlement contribution by insured.
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