HB Risk Notes Archives

International Cyber Risk Management Conference | Dec. 6-7, 2018 | Bermuda

June 23rd, 2018|Categories: Conferences, HB Risk Notes|Tags: bermuda conference, cyber insurance, Cyber Risk, cyber security, cybersecurity, data breach, privacy law, ransomware, reinsurance bermuda|

Register Use promotion code HB2018 and save 10% When Dec. 6-7, 2018 Agenda About Where Hamilton Princess & Beach Club 76 Pitts Bay Road, Pembroke Hamilton Bermuda HM 08 Questions and Sponsorship Opportunities Contact Brownie Bokelman by email or phone. +1 (484) 844-0437 Plan your year-end trip to Bermuda and join global cyber leaders from AIG, Aon, Chubb, Deloitte, Marsh and more. Now in its fifth year internationally . . . . ICRMC is delighted to expand its cyber conference to Bermuda at the invitation of the Bermuda Business Development Agency (BDA). Come learn from experts, networking and share experiences to help you manage the risk and impact caused by a cyber breach. HB is a proud affiliated marketing sponsor of this prestigious event. World class event, with world class cyber leaders ICRMC Bermuda Session Highlights: The CISO Perspective Reinsurance and ILS – Managing Cyber CAT Risk From Blockchain to Crypto-Currency – Cyber Security Implications Employing AI in Cyber Risk Management See full conference agenda at bermuda.icrmc.com ICRMC Bermuda Speakers: Darius Delon, President, Risk Management 101 and Past Chair of RIMS Canada Council Anthony Belfiore, SVP and CSO, Aon Tom Pageler, Chief Security Officer, BitGo Inc Robert Parisi, Managing Director, Cyber Product Leader, Marsh The Hon E. David Burt JP, MP, Premier of Bermuda and Minister [...]

Congressional Cannabis Proposal Would Can Criminalization

June 8th, 2018|Categories: HB Risk Notes|Tags: cannabis law, legalizing cannabis|

Could this be the thing that brings the parties together? Here is a quote from an article written for Forbes.com by freelance writer Janet Burns. [Jolene Forman, staff attorney at the nonprofit Drug Policy Alliance] called the bill a "first step," and noted, “This bipartisan proposal clears the way for states to develop their own marijuana policies without fear of federal intervention. This will give states more opportunity to restore communities that have borne the brunt of the drug war and mass criminalization." So far, 30 states, Washington, DC and the U.S. territories of Guam and Puerto Rico have enacted medical marijuana legislation, while estimates suggest that 63 million Americans reside in areas where anyone over 21 may now legally possess the plant.

Brian Higgins’ A.I. Law Blog: Will Facebook Facial Recognition Case be a Referendum on A.I.?

June 5th, 2018|Categories: HB Risk Notes|Tags: artificial intelligence, biometric information, facial recognition|

When most of us upload our selfies and photo bombs to the web, and some do it more than is healthy and way more than is desired -- also, please stop -- we have no idea how much is going on. You might think it's just you photo-bombing a beer bottle, but what exactly happens after that depends on who you ask. One thing is for sure: it's more technical than most of us will grasp or ever want to. Another thing is for sure: the answer could mean millions or even billions of dollars. Is your goofball face being "scanned"? Are the pixels being examined or is some technological magic wand measuring the distance between your eyeballs? And what's being done with that information? Do you know? Do you care? In his blog, "engineer turned attorney" Brian Higgins dives into the questions as being posed in the Facebook facial recognition case pending before U.S. Judge James Donato in San Francisco. Higgins says that next month a jury will have to decide whether Facebook's A.I. technology creates "biometric information" which is regulated under the Illinois Biometric Information Privacy Act, or BIPA. "In some respects," Higgins writes, "the jury’s decision could reflect general sentiment toward AI during a time when vocal opponents of AI have been widely covered in the media. The outcome could also [...]

Miller Friel: Opioid Suppliers Are Right to Expect Insurance Coverage

June 1st, 2018|Categories: HB Risk Notes, HB Tort Notes|Tags: opioid class actions, opioid insurance, opioid litigation|

An excerpt from a post by Bernard Bell of Miller Friel PLLC "Because insurers are facing a difficult time evading coverage for opioid claims, they are raising all sorts of non-contractual defenses to avoid coverage, including a 'social insurance' argument they have raised in the past. "If past public health crises are prologue, these arguments will run something like this: Holding insurers responsible to pay for the costs of public services, including health care, will transform private party liability insurance into social insurance to underwrite public health epidemics caused by all manner of ills. According to insurers, this will, at a minimum, increase the cost of liability insurance, and financially harm liability insurers, who have not priced this risk into their premiums. Moreover, holding insurers liable to pay will shift costs away from those best equipped to address the social problem; the companies that supply the opioid products. "These arguments are inconsistent with insurance law, which permits parties to freely contract to cover risks, and which place the burden on insurers to pay for insured risk, even if they made an error in underwriting. Courts interpret insurance contracts according to their language and construe them against insurers if they are ambiguous, and in favor of an insureds’ reasonable expectations of coverage. "Moreover, to the extent courts are inclined to look past contract [...]

Cyber Security Summit: Seattle | July 19, 2018

May 31st, 2018|Categories: HB Risk Notes|Tags: cyber security, cybersecurity, data breach, privacy law, ransomware|

Registration: $350 Pay just $175 with promo code HB2018 When 7:45am-6pm June 28, 2018 Where The Westin Seattle 1900 Fifth Avenue Seattle Interested in Sponsorship? Email Brownie Bokelman for more info. Check out all the great programs they run around the country and let us know if you're interested! Learn more. HB is proud to announce its association with the annual Cyber Security Summit: Seattle, which connects C-suite and senior executives responsible for protecting their companies’ critical infrastructures with innovative solution providers and renowned information security experts. Regular admission is $350, but use the HB promo code and get 50% off! It's HB2018. Admission gives you access to all interactive panels, discussions, catered breakfast, lunch and cocktail reception. Agenda Learn more about the sessions on incident response for CISOs, lessons learned about ransomware, and protecting your enterprise from employees and corporate spies. Faculty See who's speaking.

Cyber Security Summit: DC Metro | June 28, 2018 | Tysons Corner

May 30th, 2018|Categories: HB Risk Notes|Tags: cyber security, nsa cybersecurity|

Registration: $350 Pay just $175 with promo code HB2018 When 7:45am-6pm June 28, 2018 Where The Ritz-Carlton Tysons Corner Tysons Galleria 1700 Tysons Blvd. McLean, VA 22102 (703) 506-4300 Interested in Sponsorship? Email Brownie Bokelman for more info. Check out all the great programs they run around the country and let us know if you're interested! Learn more. HB is proud to announce its association with the annual Cyber Security Summit: DC Metro, which connects C-suite and senior executives responsible for protecting their companies’ critical infrastructures with innovative solution providers and renowned information security experts. Regular admission is $350, but use the HB promo code and get 50% off! It's HB2018. Admission gives you access to all interactive panels, discussions, catered breakfast, lunch and cocktail reception. Agenda Learn more about the sessions on incident response for CISOs, lessons learned about ransomware, and protecting your enterprise from employees and corporate spies. Faculty See who's speaking from the NSA Cybersecurity Threat Operations Center and the Justice Department's National Security Division.

Insurance Coverage and GDPR: What’s Your Financial Exposure? –Linda Kornfeld, Blank Rome

May 28th, 2018|Categories: HB Risk Notes|Tags: blank rome, GDPR, insurance recovery, Linda Kornfeld|

In her recent article -- GDPR Is Finally Here: It’s Time to Make Sure Your Current Cyber Policy Will Protect against New Financial Exposures -- Blank Rome insurance coverage partner Linda Kornfeld wrote: Companies can face large financial exposure for GDPR “fines or penalties.” Are they covered under currently worded cyber policies? The answer is, maybe not if your policy, e.g., covers regulatory proceedings addressing only failures to protect private information, as opposed to GDPR proceedings that may address broader noncompliant data collection and use practices. Additionally, coverage for GDPR fines or penalties may be more restricted under the laws of many European countries than the laws of certain states in the United States. Your insurer may agree to choice of law language in your policy that will increase the chances of coverage. On behalf of all of us at HB -- Congratulations to Linda on her move to Blank Rome! Now Vice Chair of the firm's Insurance Recovery Practice Group, Linda is one of the nation’s most prominent insurance recovery attorneys, representing corporate policyholders in high-stakes litigation for more than 25 years. Using strategic, creative approaches in her trial and appellate practice, Linda assists her clients in the recovery of hundreds of millions of dollars in insurance assets. She is a strategic adviser to senior executives and in-house counsel on mitigating risk and [...]

The Social Media Fraud Revolution: An RSA White Paper

May 16th, 2018|Categories: HB Risk Notes|Tags: cyber fraud, data breach, RSA, social media|

In describing their new analysis, RSA writes: The rise in popularity of multiple social media platforms throughout the world has caused many fraudsters to expand their activities to new platforms including WhatsApp, Telegram, Instagram, Snapchat and others. This white paper reveals new insights into how social media is being leveraged by fraudsters to create a new kind of fraud market as well as the types of information and tools being sold and traded in these virtual storefronts. Download their white paper now.

Regulators in Cyberia: A Whitepaper from the Regulatory Transparency Project

April 7th, 2018|Categories: HB Risk Notes|Tags: cyber warfare, cybersecurity, jamil jaffer, regulatory transparency project|

"The Internet’s pioneers hardly envisioned the dramatic growth and transformation that characterize today’s Internet. A relative lack of regulation accelerated early digital innovation," wrote Jamil N. Jaffer and Megan Stifel for the Lawfare Blog. "[The Regulatory Transparency Project's Cyber & Privacy Working Group's paper titled Regulators in Cyberia] highlights five examples that illustrate the hazards that can result when regulations predating the Internet revolution make first contact with the economic and social opportunities unleashed by interconnected technologies. Among other things, they demonstrate that the impact of Moore’s Law—the doubling of computer processing power every 18-24 months—makes regulation a particularly weak tool to achieve policy objectives, including privacy and security, arguing instead that in a rapidly changing technological environment, these goals can often be most effectively met through the use of market incentives. In recent years, the specter of regulation has threatened the viability of the sharing economy and the broad availability and export of cybersecurity products and could hamper the rapid innovation that currently characterizes the evolution of the so-called 'Internet of Things.'" Jaffer holds a number of positions, including Adjunct Professor of Law and Director of the Homeland and National Security Law Program at the George Mason University School of Law. He is VP Strategy & Business Development with IronNet Cybersecurity. Stifel is a Nonresident Senior Fellow with the Cyber Statecraft [...]

Cyber Security Law Report: EY Says Orgs Not GDPR-Ready

March 31st, 2018|Categories: HB Risk Notes|Tags: Cyber Risk Law Report, GDPR|

EY Global Data Analytics Survey Finds Lack of GDPR Preparedness and Need for Cross-Functional Collaboration Despite an increasing number of technical and automated tools, organizations continue to be challenged by the large volume of data collected from disparate sources. GDPR compliance is only highlighting the need to understand, map and protect all that data. Shockingly, two-thirds of respondents in the 2018 EY Global Forensic Data Analytics Survey are either not familiar with GDPR, have heard of it but taken no action, or are studying it. Certainly, “one surprise from the survey was the general lack of readiness as it relates to data privacy and GDPR,” Todd Marlin, a principal at Ernst & Young, told The Cybersecurity Law Report. The article takes a closer look at the survey results and what companies might do to improve their operational approach and their use of forensic data analytics while meeting the requirements of GDPR and other privacy and security regulations. See also “Five Months Until GDPR Enforcement: Addressing Tricky Questions and Answers” (Dec. 20, 2017). Read full article … About The Cybersecurity Law Report provides business analysis of critical legal issues related to the cybersecurity, data protection and data privacy challenges facing entities across industries. Insights are shared by our in-house legal experts, who also interview industry luminaries and procure expert perspectives. Our editorial team is led by Rebecca Hughes Parker, Amy [...]

News Release re HB Corporate Counsel and Cyber Risk Programs April 2018

March 21st, 2018|Categories: HB Risk Notes|Tags: Altria, American Airlines, blank rome, blockchain, corporate counsel, Covington & Burling, critical infrastructure, Crowell & Moring, cyber security, cybersecurity, Daniel B. Garrie, data breach, Fish & Richardson, IBM, Intersec Worldwide, jackson lewis, Law & Forensics, Microsoft, Oracle, Seiger Gfeller Laurie, Sprint, Traub Lieberman, wiley rein|

For Immediate Release | Download PDF Cyber Attacks on U.S. Power Grids, Artificial Intelligence, Autonomous Vehicles and Blockchain Security – Upcoming HB Seminars Address These Hot Topics and More NEW YORK – MARCH 21, 2018 – Many of the most urgent subjects that face corporations, challenge our laws, and change the way we live will be covered during three seminars taking place over two days in New York, April 24 and 25, 2018. The programs are being produced by HB Litigation Conferences and will be held at the Roosevelt Hotel in Midtown. Presenters include representatives from global corporations such as American Airlines, Microsoft, IBM, Intersec Worldwide, Altria, Oracle, Sprint, and RSA Security (now part of Dell Technologies) plus a leading healthcare provider, Christiana Care Health System. The insurance industry will be represented as well, with speakers from Allianz, Marsh, Swiss Re, JLT Specialty, TDC Specialty Underwriters, and Willis Towers Watson. Leading law firms include Blank Rome, Covington & Burling, Crowell & Moring, Fish & Richardson, Jackson Lewis, Traub Lieberman and Wiley Rein. Specialized firms include Law & Forensics, Xpan Law and Seiger Gfeller Laurie. Other speakers come with experience at the FBI, the Justice Department, Homeland Security and the U.S. intelligence community. The three events are: Northeast Corporate Counsel Forum + Live Webstream Tuesday, April 24, 2018 – full day Program chairs: [...]

Insurance Industry's Role in Mitigating Natural Disasters

March 17th, 2018|Categories: HB Risk Notes|Tags: critical infrastructure, Crowell & Moring, cyber attack, data breach, data security, laura foggan, power grid, Russia cyber|

The insurance industry can play a role in helping prepare for future severe weather because the companies have a tremendous amount of data and knowledge about loss avoidance and prevention, Foggan says. “One of the things insurers can do is partner with government regulators both at the state and federal level to identify and articulate loss-prevention strategies that will benefit society as well as insurers,” she says. Loss prevention or mitigation of physical damage to key infrastructure—such as electrical grids—saves costs of repair, as well as the important downstream costs to private industry and society that result from loss of infrastructure function. Laura Foggan is a partner in the DC office of Crowell & Moring. Read more insights from Laura and her colleagues by clicking the read more button. This outstanding insurance and reinsurance attorney also is co-chair of HB's Cyber Sector Risk: Blockchain Security on April 25, 2018, in New York. Immediately following that seminar will be HB's Cyber Sector Risk: Critical Infrastructure. And, June 19-20, 2018, we are producing another relevant program in San Juan, titled HB's Cyber Sector Risk: Critical Infrastructure Blackout. See our conference listings for more details.