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Emerging Litigation Podcast
COVID-19 and the Courtroom with Alison Besunder
COVID-19 and the Courtroom with Alison Besunder Joining me is Alison Besunder on this timely and evolving subject. It’s based on her article — Crisis is the Mother of Change: How a Pandemic Sparked Progress in Courtroom Efficiency — which will be featured in the January 2021 issue of the Journal on Emerging Issues in Litigation. Alison brings extensive experience counseling clients on matters ranging from the simple to complex, helping them prevent future disputes through proactive planning and to resolve disputes that proceed to litigation. She is a frequent speaker on topics such as Estate Planning During Divorce, End of Life Decision Making, Cyber-Security for Lawyers, and Social Media and Ethics. She operated her own firm for several years and in 2019 joined Goetz Fitzpatrick LLP. The Journal is a collaborative project between HB and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how awesome Alison is, drop me a note at Editor@LitigationConferences.com. We hope you enjoy the interview. What efficiencies have been foisted upon our nation's courts as a result of the COVID-19 pandemic? What has worked and what has not? Are we going to see permanent implementation of things like webcam hearings and virtual trials?
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Emerging Litigation Journal
The New Lloyd’s Market Association War, Cyber War and Cyber Operation Exclusions for Cyber Insurance Policies | By Vincent J. Vitkowsky | Gfeller Laurie LLP GalleryThe New Lloyd’s Market Association War, Cyber War and Cyber Operation Exclusions for Cyber Insurance Policies | By Vincent J. Vitkowsky | Gfeller Laurie LLP
The New Lloyd’s Market Association War, Cyber War and Cyber Operation Exclusions for Cyber Insurance Policies | By Vincent J. Vitkowsky | Gfeller Laurie LLP
The Author Vince Vitkowsky is a partner in Gfeller Laurie LLP, resident in New York. He focuses on cyber risks, liabilities, insurance, and litigation. Vince assists insurers and reinsurers in product development, and in all aspects of coverage evaluation and dispute resolution in many lines of business, including cyber, CGL, property, and professional liability. He also assists in complex claim evaluations, and if necessary, the defense of insureds in complex matters. Vince is also a member of the Editorial Advisory Board for the Journal on Emerging Issues in Litigation. Contact: vvitkowsky@gllawgroup.com More from Vince and his colleagues. The New LMA War, Cyber War and Cyber Operation Exclusions for Cyber Insurance Policies By Vincent J. Vitkowsky On November 25, 2021, the Lloyd’s Market Association released four War, Cyber War and Cyber Operation Exclusions (“Exclusions”). The LMA Cyber Business Panel spent well over two years drafting the Exclusions, which are models for use in standalone cyber insurance policies. Lloyd’s has agreed that they meet the requirement that all insurance and reinsurance policies written at Lloyd’s must, except in very limited circumstances, contain a clause which excludes all losses caused by war. The Exclusions address some difficult issues troubling the cyber insurance market for several years, following cyberattacks by nation-states (“states”) and threat actors associated with them. They attempt to reduce uncertainty for both insurers and policyholders. Five interrelated issues. The treatment of collateral damage (borrowing a concept from the traditional Law of Armed Conflict). Some state-sponsored attacks had significant effects on many entities that were not the intended targets. How attribution is to be determined, and whether the insurers have an obligation to make payments while attribution is being determined. The extent to which attacks by non-state actors associated with a state are excluded. The treatment of state and state-sponsored cyberattacks directed at essential services, most [...]
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