Joshua Gold and Daniel J. Healy, co-chairs of Anderson Kill’s Cyber Insurance Recovery Group, are co-authors of Cyber Insurance Claims, Case Law, and Risk Management, a new 2022 cyber treatise published by the Practicing Law Institute.
Cyber Insurance Claims, Case Law, and Risk Management, available now for direct purchase on the PLI website, provides comprehensive analysis of an ever-changing and escalating cyber claim landscape as it relates to insurance coverage and overall risk management. It features in-depth case and insurance policy analysis and discussion of loss mitigation steps, along with chapter summaries that can serve as quick reference checklists for practitioners.
Highlighted topics include flashpoints where coverage is frequently contested, with particular attention to losses and liabilities potentially covered by traditional types of insurance. Explanations focus on the relationships between insurance on the one hand and attack vectors and resulting liability on the other, so that risk management options can be considered. Developments discussed in depth include:
- computer fraud insurance coverage under standard crime insurance policies purchased by financial institutions, retailers, and other organizations;
- growing legal disputes over the scope of coverage provided by dedicated cyber insurance products;
- liability coverage for losses stemming from data breaches, regulatory violations, compromise of payment card information, biometrics and breach responses;
- first-party coverage for losses relating to many of the same issues;
- insurance coverage responses to biometrics, GDPR, consumer privacy laws and other statute-driven concerns;
- the development of Article III standing decisions involving class action privacy litigation;
- increased regulatory exposure for boards of directors and corporate entities for the handling of sensitive electronic information; and the recent uptick in ransomware losses and disruption.
Cyber Insurance Claims, Case Law, and Risk Management will serve as a valuable resource for law firms, breach response counsel and any risk management professional by:
- Providing tools for assessing cyber risk profiles and liability exposures, understanding insurance coverage and recognizing frequent pressure points in the scope of such insurance coverage
- Improving loss prevention and loss mitigation efforts to reduce cyber exposures and the threat of legal action against senior management
- Providing a reference guide to key insurance policy insuring agreements and protections
- Identifying problematic issues encountered by others in pursuing coverage
- Providing analysis of legal arguments and outcomes regarding claims for coverage
- Identifying issues likely to be encountered when addressing cyber losses and pursuing insurance recovery
Joshua Gold is a shareholder in Anderson Kill's New York office. He has represented numerous corporate and non-profit policyholders in various industries, with recoveries for his clients well in excess of $1.5 billion, including a multi-million dollar recovery in a landmark Sixth Circuit decision that rejected the insurance company's often-deployed "direct loss" defense. Josh has a regular column in Risk Management Magazine and has been published in numerous business and legal periodicals, covering a variety of insurance, commercial and consumer issues. He is an adjunct Professor of Insurance Law at Brooklyn Law School. He is also President of Interleges—an international linked alliance of independent law firms created in 1989 with offices across the countries of Europe, the Middle East and North and South America.
Daniel J. Healy is a partner in Anderson Kill's Washington, D.C. office. He has tried cases in federal and state courts around the country and recovered hundreds of millions of dollars for policyholders under a variety of insurance policies relating to a range of first-party and third-party losses. He has experience obtaining coverage under many different policy types, including BPL, D&O, E&O, CGL, Property and Cyber policies. Dan served for five years as a Trial Attorney with the U.S. Department of Justice, Tax Division, where he received numerous Outstanding Attorney awards and served as the E-Discovery Coordinator. He has been recognized in Best Lawyers and Super Lawyers and elected to the American College of Coverage Counsel.
About Anderson Kill
Anderson Kill is a full-service New York-based law firm with offices in Washington, D.C., Newark, NJ, Philadelphia, PA, Stamford, CT, Denver, CO, and Los Angeles, CA. Clients include Fortune 1000 companies, small and medium-sized businesses, governmental entities, and nonprofits as well as personal estates.