Ohio Supreme Court Ruling Sends Important Reminder: Long-Standing, Fundamental Principles of Insurance Policy Construction and Law Are Applicable to Cyber Claims

June 16th, 2023|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , , |

The Authors Judy Selby (judy.selby@kennedyslaw.com) is a Partner at Kennedys (New York) where she focuses her practice primarily on insurance coverage matters with a concentration in coverage for exposures arising out of emerging technology, digital, and compliance risks. Tracey M.Kline (tracey.kline@kennedyslaw.com) is an Associate at Kennedys (Philadelphia) where she focuses her practice primarily on insurance coverage litigation and cyber matters. 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. Ohio Supreme Court Ruling Sends Important Reminder: Long-Standing, Fundamental Principles of Insurance Policy Construction and Law Are Applicable to Cyber Claims Abstract: On December 27, 2022, the Ohio Supreme Court unanimously ruled that a business owner’s property insurance policy issued by Owners Insurance Co. to EMOI Services, LLC did not afford coverage for losses sustained in a ransomware attack because computer software is “entirely intangible” and “cannot experience ‘direct physical loss or physical damage.’” EMOI Servs., LLC. v. Owners Ins. Co., 2022-Ohio-4649 (Ohio 2022). In doing so, the court reversed an attention-getting split decision by the lower appellate court. This article takes an in-depth look at the case and discusses its significant implications. The Ohio Supreme Court’s decision was based on its commonsense [...]

A.I. Best Practices: Rules and Policies for Using Artificial Intelligence in Your Business

July 30th, 2018|Categories: HB Risk Notes|Tags: , , , , , |

  DATE: Sept. 27, 2018 TIME: 2 p.m. EDT; 1 p.m. CDT; 12 p.m. MDT; 11 a.m. PDT PLACE: Your computer or mobile device PRICE: $197* per dial-in site *Price is good through Aug. 16. After that it's $247. GROUPS ARE GOOD: Registering qualifies you to multiple attendees at your location. CLE: 1 credit Please send CLE questions to CLE@LitigationConferences.com SPEAKER: John Frank Weaver Attorney McLane Middleton Your registration includes: •  A site license to attend this webinar (invite as many people in one location as you can fit around your computer at no extra charge). • Downloadable PowerPoint presentations from our speakers. •  The opportunity to connect directly with speakers during the audience Q&A session. •  At least one-hour of CLE credit. Produced in collaboration with and their new Journal of Robotics, Artificial Intelligence & Law Nearly every industry is adopting or preparing to adopt artificial intelligence applications into their business practices. That's exciting. However, there are almost no government regulations for their use and few resources providing best practices that anticipate ethical considerations and forthcoming legal requirements. This lack of direction poses a serious problem as A.I. applications become more widespread. Businesses are creating their own ad hoc practices without considering the eventual government oversight and ethical consensus, which will result in costs and potential liability later when [...]

The Insurance Lifecycle of a Ransomware Attack | April 10 | 2pm

March 9th, 2018|Categories: HB Risk Notes|Tags: , , , , , |

  Speakers Kimberly Horn Claims Manager Beazley Dominic Paluzzi Partner and Co-Chair of Data Privacy and Cybersecurity McDonald Hopkins LLC Edward (“Ted”) Brown Associate Wiley Rein LLP Info   Date: April 10, 2018 Time: 2 – 3:15 P.M. ET Fee: The webinar is complimentary from HB. But upgrade for $95 to get CLE, the PowerPoint and the recording. The webinar is also available to subscribers of the West LegalEdcenter®, but you must register there. CLE: 1 credit* * CLE Questions?   Ransomware Damages Estimated to Reach $11.5 Billion Annually by 2019 That's up from $5 billion in 2017 and $325 million in 2015. Organizations of all sizes – from local nonprofits to large, multinational corporations – are finding that ransomware events can range from a costly nuisance to an existential crisis. But despite the prevalence and severity of ransomware attacks, many lawyers, risk managers, and other professionals do not understand the full lifecycle of a ransomware attack and how different coverages respond to the various impacts. This webinar will discuss the lifecycle from a ransomware attack. In addition to touching on key trends and developments, it will provide an overview of the ransomware response process on a step-by-step basis, including facilitation and brokering of cryptocurrency for payment of ransom demands. The webinar will also tie the various response-related activities (including [...]

Go to Top