privacy and network security insurance

Paul A. Ferrillo

As I noted in a prior post, the recent state-sponsored cyber incident carried out through an attack on SolarWinds has a number of important implications. As noted in the following guest post from Paul Ferrillo, the incident could also have important implications for the cyber insurance marketplace. Paul is a partner in the McDermott, Will & Emery law firm. I would like to thank Paul for allowing me to publish this article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Paul’s article.
Continue Reading Guest Post: SolarWinds – Einstein Failed Us, and the Cyber Insurance Markets will Feel the Squeeze

When the European Union’s updated General Data Protection Regulation (GDPR) went into effect on May 25, 2018, media reports focused on the potentially massive fines that the regulation authorizes – the regulation authorizes fines of up to €20 million or 4 percent of a company’s annual worldwide revenue, whichever is higher, for noncompliance with the regulation’s strict data collection and use requirements. The possibility of regulatory fines of this magnitude immediately raised the question of whether or not insurance is available to protect companies against the huge financial exposure. The answer to this question, it turns out, is complicated.
Continue Reading Are GDPR Fines and Penalties Insurable?

cybersecurity nowThere is little doubt that cybersecurity is one of the most pressing issues in the contemporary corporate, political and economic arena. When, as have seen, cybersecurity has become a critical issue in the U.S. political and electoral processes, it is clear that the consequence and complications associated with cybersecurity have become both acute. Cybersecurity has become a pervasive issue that with political, military, and economic implications. It is also one of the foremost issues – if not the foremost issue – in the corporate risk management environment. In a complex and rapidly changing world, many companies and their senior officials are struggling to deal with cybersecurity issues and their implications.
Continue Reading Book Review: “Take Back Control of Your Cybersecurity Now”

David Bergenfeld

In the following guest post, David Bergenfeld, a Senior Associate in D’Amato & Lynch’s Fidelity Bond Practice Group, takes a look at the key judicial decisions during the third quarter of 2016 interpreting cyber and commercial crime insurance policies. I would like to thank David for allowing me to publish his article. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is David’s guest post.
Continue Reading Guest Post: Recent Trends in Interpreting Cyber and Commercial Crime Insurance

Cyber security and related privacy issues increasingly dominate the headlines. And for good reason: according to statistics cited in a recent Wall Street Journal article, cyber attacks –ranging from malicious software to denial of service attacks – increased 42% in 2012. The trend has only accelerated in 2013. As the possibility and potential scope of