President Biden’s Critical Infrastructure Cyber Memo and CrowdStrike’s Whoopsie Daisy with Elizabeth Burgin Waller

August 7th, 2024|Categories: ELP, Podcasts|Tags: , , , , , , , , , , |

In this episode, we discuss our nation's critical infrastructure in the context of cybersecurity, addressing President Biden's recent National Security Memorandum on Critical Infrastructure Security and Resilience and its implications for sectors like energy, water, and transportation, with guest Elizabeth Burgin Waller of WoodsRogers. Beth also comments on a recent global system glitch that underscores the vulnerability of the networks behind many of our most critical services. We're talking CrowdStrike and Microsoft Windows.

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Despite Relative Inactivity on the Virtual Front in Ukraine, Russia’s Global Cyber-Attacks are Coming

March 29th, 2022|Categories: Cyber Risk, Cyber Risk Litigation, Emerging Litigation & Risk, HB Emerging Law Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , , , |

Editor Tom is HB’s Founder and Managing Director. His career in litigation content spans four decades during which he was editor, managing editor, and finally publisher at Mealey’s Litigation Reports. After Mealey’s was acquired by LexisNexis Tom became a vice president involved in creating new content and services at the legal research and services giant. He has always overseen or directly created articles, blogs, conferences, webinars, data collections, and now podcasts — all on litigation. Tom founded HB in 2008, and four years later he founded Custom Legal Content, a boutique content creation shop serving boutique and specialized legal practices and litigation services. In addition to his work at HB and CLC, Tom is Editor in Chief of the Journal on Emerging Issues in Litigation, and host of the Emerging Litigation Podcast. For years he was a leader in an international specialized publishing association, frequently speaking and writing about publishing, and is now active in an open community of content and event producers called Renewd. Sometime during the last millennium Tom proudly graduated with a B.A. in Communications from Bethany College in West Virginia. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Despite Relative Inactivity on the [...]

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Tanks and Banks: What Fintechs Must Know About Sanctions on Russia

March 25th, 2022|Categories: Cyber Risk, Cyber Risk Litigation, Emerging Litigation & Risk, HB Emerging Law Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , , , |

The Guest A highly regarded attorney and much-sought-after speaker for his expertise on the laws and operations of the technology-driven global financial system. Also a member of the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. Tanks and Banks: What Fintechs Must Know About Sanctions on Russia Tom Hagy Interviews Brad Rustin of Nelson, Mullins, Riley & Scarborough Click below to get the complete article.

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Cybersecurity and Data Privacy Year in Review 2021

March 21st, 2022|Categories: Cyber Risk, Cyber Risk Litigation, Emerging Litigation & Risk, HB Emerging Law Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , , , , |

The Authors The authors are all attorneys with the Kennedys law firm (kennedyslaw.com). Joshua Mooney (joshua.mooney@kennedyslaw) and Judy Selby (judy.selby@kennedyslaw.com) are partners. Tracey Kline (tracey.kline@kennedyslaw.com) and Alexis Childs (alexis.childs@kennedyslaw.com) are associates. Bridget Mead, associate, and Javier Vijil, senior associate, also contributed to this article. Judy Selby is also a member of the Editorial Board of Advisors for the Journal on Emerging Issues in Litigation. Cybersecurity and Data Privacy 2021 in Review By Joshua Mooney, Judy Selby, Tracey Kline, and Alexis Childs Abstract: As the world emerged from lockdown, it should come as no surprise that cybersecurity and data privacy remained dominant topics in the media and legal industry. Some of 2021 was much like 2020—ransomware attacks continued to fill the headlines, and in the aggregate, constituted significant loss paid under cyber insurance policies. OFAC reminded victim companies and incident response firms (and cyber carriers) that it remains unlawful to pay ransom payments to designated organizations. Comprehensive federal legislation addressing cyber defenses and notification requirements never materialized. Yet in 2021, we saw new and significant developments. U.S. law continued its drift toward comprehensive privacy regulation with two new significant pieces of privacy legislation and California’s enforcement of the California Consumer Privacy Act. In the absence of federal legislation, federal agencies either [...]

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The New Lloyd’s Market Association War, Cyber War and Cyber Operation Exclusions for Cyber Insurance Policies | By Vincent J. Vitkowsky | Gfeller Laurie LLP

January 7th, 2022|Categories: Cyber Risk, Cyber Risk Litigation, Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes, New Featured Post for Home Page|Tags: , , , , |

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 [...]

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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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To Pay or Not to Pay: Does Your Insurance Policy Cover Ransomware Losses? | By Pamela Hans | Anderson Kill

October 26th, 2021|Categories: Cyber Risk, Cyber Risk Litigation, Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes, Journal on Emerging Issues in Litigation|Tags: , , , , , , , , |

To Pay or Not to Pay: Does Your Insurance Policy Cover Ransomware Losses? Abstract Ransomware attacks are a rapidly growing threat against organizations. Paying ransom demands is a risky proposition and may even lead to sanctions against the targeted company. Either way, the damage to a company’s operation and integrity can be cripplingly severe. Should a company suffer losses from cyber extortion, its insurance company will be one of the resources it turns to for relief. But with cyber coverage increasingly out of reach for some, policyholders may find coverage in more traditional coverages. In this article, the author evaluates the potential for coverage under several policy types, and underscores the importance of understanding policy language, the relevant law, and the potential regulatory ramifications of meeting ransom demands. Author Pamela D. Hans (phans@andersonkill.com) is the managing shareholder of Anderson Kill’s Philadelphia office. Her practice concentrates on insurance coverage exclusively on behalf of policyholders. Pam is also a member of the firm’s COVID Task Group and Cyber Recovery Group. About The Journal on Emerging Issues in Litigation is a co-production of HB, Fastcase, and Law Street Media. You can also hear the complementary (and complimentary) Emerging Litigation Podcast wherever podcasts appear. For questions, contact Tom Hagy, Editor in Chief, at Editor@LitigationConferences.com.

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Data Security for Small Law Firms with Ondrej Krehel and Gaspare Marturano

August 3rd, 2021|Categories: Cyber Risk, Cyber Risk Litigation, ELP, Emerging Litigation & Risk, HB Emerging Law Notes, HB Risk Notes|Tags: , , , , , |

Data Security for Small Law Firms with Ondrej Krehel and Gaspare Marturano Joining me to discuss this important issue is Ondrej Krehel, CEO & Founder of LIFARS, a New York-based incident response and digital forensics firm specializing in cybersecurity protection. Ondrej is recognized for his digital forensic expertise and ethical hacking skills. He participates in high-profile engagements around the world using his proprietary methodology to achieve the most rapid root-cause analysis and remediation. He is a former lecturer at FBI Training Academy who has led forensic investigations and cybersecurity involving the U.S. government, including military cyber special operations. He holds a Ph.D. in Computer Forensics from Police Academy in Bratislava, Slovakia, an M.S. degree in Mathematical Physics from Comenius University in Bratislava, and an Engineering Diploma from Technical University in Zvolen, Slovakia. Joining Ondrej and me is Gaspare J. Marturano, Chief Marketing Officer at LIFARS. Gaspare is a former Director of Information Systems for a large Connecticut law firm and has consulted on these issues with a number of other law firms. 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, and Docket Alarm. If you have comments or wish to participate in one our projects, or want to tell me how [...]

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South Korea, EU Having ‘Adequacy’ Discussions

January 30th, 2019|Categories: HB Risk Notes|Tags: , , , , , |

Because of its robust network connectedness, its advanced use of mobile devices and its rich collection of intellectual property, South Korea is a leading target for hackers. Discussions are under way between the EU and South Korea to determine, as a non-EU country, whether its data protections are adequate. Also, South Korea has joined the APEC Cross-Border Privacy Rules system. Significant caselaw is developing regarding this country’s 2011 data protection statute as well as its sector-specific laws. Daniel Solove and Paul Schwartz have selected Professor Haksoo Ko from the Law School at Seoul National University to speak at the International #PrivacySecurity Forum April 3-5, 2019. Ko will co-present to provide an up-to-date account of developments in South Korea and analyze the most important compliance hurdles. Learn more: http://bit.ly/IPSF-2019  

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Financial Services Cyber Risk Information Sharing

September 26th, 2018|Categories: HB Risk Notes|Tags: , , , , , , , , |

Why We Need to be More Like Apes, Less Like Seagulls By Tom Hagy Featuring Craigg Ballance, Director of Canadian Member Services, FS-ISAC Even before we can walk we are encouraged to share. We’re told to share our things even when we barely have any. Even some wild animals share food and resources – even when those resources are scarce. Some creatures are better at it than others, of course. Apes and lions? Absolutely. Seagulls? All you have to do next time you’re on the beach is toss what’s left of your ham sandwich into the air and see how generous gulls are. People fall into sharing -- and not-fond-of-sharing -- groups, too. Sharing is particularly critical in the financial sector where, while privacy and security regulations command a tight lid on data, global financial institutions are successfully sharing data about cyber risk, says Craigg Ballance, Director of Canadian Member Services for FS-ISAC in Toronto. But, he says, sharing has to take place across a broad landscape. “Information analysis sharing has to cut across the various subsets of the financial sector,” says Ballance. “While banks share local data, they are trying more and more to share globally, but,” he says, “banks need to share with other institutions, like insurers, investment funds, pension funds, and other types of financial institutions, for this cooperation [...]

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