Broken Privilege and IoT with Kathryn Rattigan

December 10th, 2021|Categories: Cyber Risk, Cyber Risk Litigation, ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , , , , |

Broken Privilege and IoT with Kathryn Rattigan Joining me to discuss this emerging area of law is Kathryn M. Rattigan, a member of the Business Litigation Group, the Data Privacy + Cybersecurity Team, and the Drone Compliance Team in the Rhode Island office of Robinson Cole. Kathryn provides clients guidance regarding privacy and data protection in connection with mobile devices, data storage technologies, mobile apps, and location-based services. She  assists with the development of website and mobile app privacy policies and  terms and conditions. Kathryn is a frequent contributor to the excellent Robinson Cole Data Privacy + Cybersecurity Insider blog.  She holds a J.D. from the Roger Williams University School of Law and a B.A. (magna cum laude) from Stonehill College. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences 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 insightful and informative Kathryn is, please drop me a note at Editor@LitigationConferences.com. Finally, yes, "skeevy" is a word. And the law is not settled as to whether Shiloh has privacy rights. Tom Hagy Host of the Emerging Litigation Podcast There are now billions and billions of interconnected [...]

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The Commercial Drone Industry: Privacy, Security, Threats, and Mitigation of Risk

December 2nd, 2021|Categories: Featured On-Demand, Torts-On-Demand-CLE|Tags: , , , , , , , , |

HB presents a CLE-eligible webinar Now on-demand at the West LegalEdcenter THE COMMERCIAL DRONE INDUSTRY Privacy, Security, Threats, and Mitigation of Risk Drones have become an increasingly valuable tool for businesses of all types and sizes. Drones are already being used in many applications, but more will certainly arise as the technology advances. This means that certain risks, like cyber threats, will also continue to present themselves. Protecting the transmission and storage of data collected through drones is critical. Unfortunately, security usually comes as an afterthought. The drone industry is part of the aviation industry, which, based on its knowledge, keeps safety as a number one concern. Part of that safety is having proper protection for your systems, including security as a fundamental design principle. Take this webinar to gain insights on the topics listed below, and shared by an attorney who practices on the cutting-edge of this evolving technology. Topics: Defining drones. Current and future applications. FAA Modernization and Reform Act of 2012. FAA Part 107 Regulations and waivers. Resources, e.g. the FAA Drone Zone and LAANC Portal. Penalties for violations. Privacy implications. Drones as weapons. Vulnerability to cyber attacks. Take it now! What you get: 1+ CLE credits (subject to bar rules). Insights from an experienced [...]

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The Cyber Insurance Market Has Problems: A Conversation With Tom Johansmeyer

November 16th, 2021|Categories: Cyber Risk, Cyber Risk Litigation, ELP, Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , , , , , , , |

The Cyber Insurance Market Has Problems: A Conversation With Tom Johansmeyer The author of the piece is my guest on our latest episode. He is Tom Johansmeyer, ARM, is head of PCS, a Verisk business. PCS investigates and provide, independent loss estimates on catastrophes and large individual losses to the benefit of the global risk and capital supply chain. Tom has focused on the broad and rapid expansion of PCS, leading the team into Japan, New Zealand, and other APAC regions in 2019 – as well as Mexico. Tom is the architect of the PCS entry into global specialty lines, most recently adding large risk loss reporting to the group’s portfolio. Previously, Tom held insurance industry roles at Guy Carpenter (where he launched the first corporate blog in the reinsurance sector) and Deloitte. Personally, I like his LinkedIn description: "Aspiring cyclist and distance swimmer, former soldier. Leading the global charge at PCS. Haven't driven anything with a motor since 2007." Excellent. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media, and the Fastcase legal research family, which includes Docket Alarm and Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful our guests are, please drop [...]

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The Future of Cyber Operations and the Government

June 7th, 2019|Categories: HB Risk Notes|Tags: , , , , , , , |

In the forthcoming National Defense Authorization Act the House Armed Services Committee -- specifically the Subcommittee on Intelligence and Emerging Threat Capabilities -- seeks to amend the annual legislation to ensure that Congress is informed when the executive branch executes offensive or defensive cyber operations. The bill defines offensive or defensive cyber operations as a “sensitive military operation.” The goal of this shared information is additional oversight, especially given the newness of cyber tactics. As reported by journalist Derek B. Johnson of FWC.com, two covert cyber operations have taken place since POTUS announced the new policy. The first was in October 2018, a cyber operation with a goal of informing Russian operatives not to meddle with the midterm election. The second took place the following November in which the U.S. Cyber Command blocked access to Russian Internet Research Agency post election. While these two operations have been called “mild” in some critiques, former White House Director of Cyber Infrastructure Protection under President George W. Bush, Jason Healey, believes this highly specialized tactic is ideal since it presents the least potential for collateral damage. While Healey warns against grand and overt attacks, he states that sometimes "conflict is straightforward and you just have to stop adversaries from punching you in the mouth.” Read the complete post by Derek B. Johnson on FCW.com here.

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Insurance Industry's Role in Mitigating Natural Disasters

March 17th, 2018|Categories: HB Risk Notes|Tags: , , , , , , , |

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.    

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Is Cyber War the Same as Actual War?

January 31st, 2018|Categories: HB Risk Notes|Tags: , , , , |

If your company suffers a cyber attack attack by a foreign power, is that an act of war? Is it your responsibility or right to retaliate, or is it up to the government? When it comes to missile attacks, it's not up to a corporation to fire back. That's the military's job. But when it comes to cyber defense, the responsibility falls to the corporation. Should it be a shared responsibility? Can we better defend ourselves with an improved cyber defense architecture that is developed by a public-private partnership? General (Ret.) Keith B. Alexander (U.S. Army), Jamil N. Jaffer and Jennifer S. Brunet of IronNet Cybersecurity recently wrote an article on the subject, offering insights based on their deep experience in the intelligence, defense and government sector. Gen. Alexander, among many other posts, was Director of the U.S National Security Agency when he was tapped to head the U.S. Cyber Command. Jaffer was counsel on cybersecurity to the White House, the U.S. Senate and the U.S. Department of Justice. Brunet is former Protocol Officer with the NSA. They say the situation is an urgent one that must be addressed ASAP. "When it comes to understanding what might constitute acts of war in cyberspace," they write, "it is easy to imagine categories of cyberattacks with consequences that we would likely be prepared to [...]

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