As I noted in a post last week, in a speech earlier this month in which she outlined the steps bank boards can take to address cybersecurity issues, Sarah Raskin, the second-ranking official at the U.S. Department of Treasury, laid out the reasons why banking institutions should be investing in cyber insurance. This speech
Cyber Liability
Guest Post: Cyber Security: The Importance of a Battle-Tested Incident Response Plan
With all of the high profile data breaches that have taken place in recent months, cyber security is a critical topic at the top of just about everyone’s agenda. In the following guest post, Paul A. Ferrillo of the Weil Gotshal law firm takes a look at the best approach to the cyber security challenge …
Top Treasury Official’s Speech Urges Adoption of Cyber Risk Insurance
Officials across a range of federal regulatory agencies have made it clear that promoting cyber security is an increasing priority. A critical part of the federal officials’ message has been the message that cyber security should be a corporate governance priority for company executives and corporate boards. For example, in a June 2014 speech, …
Guest Post: Cyber Security Indeed: Derivative Action Dismissed Where Board Proactively Addressed Cyber Risks and Exposures
The derivative lawsuit filed against the board of Wyndham Worldwide Corporation in connection with the series of cyber breaches the company had experienced was being closely watched as possibly representative of a potential new area liability exposure for corporate directors and officers. However, as I discussed in a prior post (here), on October …
Dismissal Granted in Cyber Breach-Related Derivative Suit Filed Against Wyndham Officials
Along with the separate derivative lawsuit filed against Target Corporation’s board, the cyber breach-related derivate action filed against Wyndham Worldwide Corporation’s board has been closely watched as representative of a potential new area liability exposure for corporate directors and officers. However, in an October 20, 2014 opinion, District of New Jersey Judge Stanley Chesler,…
Guest Post: Cyber Security and Cyber Governance: Federal Regulation and Oversight – Today and Tomorrow
It seems that every day there is yet another story in the business pages about a significant data breach at a major company. Cybersecurity is an increasingly important topic for companies and their shareholders, and the problems with cybersecurity are an increasing concern in Washington as well. In the following guest post Paul A. Ferrillo …
Guest Post: The Cloud, Cyber Security and Cloud Cyber Governance: What Every Director Needs to Know
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As I have noted frequently on this blog (most recently here), it is becoming increasingly clear that cybersecurity is viewed as a board level issue. At the same time that many boards have taken up the concerns surrounding cybersecurity issues, their companies increasingly are becoming dependent on cloud computing – which potentially could make …
Guest Post: Mergers, Acquisitions, and Data Privacy: The FTC is Watching
The question of the privacy rights of consumers is an increasingly important topic. In the following guest post, Bill Boeck, Senior Vice President. Insurance & Claims Counsel for Lockton Financial Services, takes a look at recent actions the Federal Trade Commission has taken to protect consumers’ privacy rights and to enforce companies’ privacy policies.
I …
More About Stories We’re Following
Cybersecurity as a D&O Liability Issue: I have noted in prior posts on this site (refer for example here) that cybersecurity represents, among other things, a D&O liability exposure. The recent lawsuits filed against Target (refer here) and Wyndham Worldwide (refer here) underscore this point. In addition, at least according to a …
Guest Post: Protecting Aunt Sally: When Hackee becomes Hacker-in-Pursuit
In the following guest post, Alan Borst of Willie Borst ADR takes a look at the new and perhaps unappreciated exposures and risks posed by cyber counter-measures. Alan also explores the potential insurance issues related to these activities.
I would like to thank Alan for his willingness to publish his post on this site. I …