E&O PREVENTION

D&O Coverage in a Cyber World

By Daniel J. Healy, Esq. of Anderson Kill P.C. It has become clear that the fallout for improperly managing corporate cyber risks reaches the boardroom. In the wake of data breaches, shareholders h

Is Your Website ADA Compliant? – A New Cyber Risk

By Rinat B. Klier Erlich, Esq. of Manning of Manning & Kass, Ellrod, Ramirez, Trester LLP The purpose of the Americans with Disabilities Act (ADA), enacted in 1992, is to assure equal access an

The Killer in the Next Cubicle: The Growing Epidemic of Workplace Violence and Three Ways to Minimize Risk

By Kathleen M. Bonczyk, MBA, Esq. – founder of the Workplace Violence Prevention Institute In the six-month period from August 2015 through February 2016, three catastrophic episodes of dead

What To Do About Employee Thieves—Catch Them If You Can!

By Kristen Peters, Esq. of Seyfarth Shaw LLP Cross Posted from California Peculiarities. Seyfarth Synopsis: When employee theft occurs, employers must be cautious in investigating, avoiding self

Post At Your Own Risk

By Maureen Kelly, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C. Key Points: Social media discovery should be part of your litigation plan from start to finish.  Social medi

Safely Preventing Workplace Violence

By Evan H. Pontz, Esq. of Troutman Sanders LLP If you are an HR professional, you surely worry about workplace violence.  Whether it is an “active shooter” at work or just an argumen

Led Zeppelin Prevails in Copyright Infringement Case: Now on Appeal in Ninth Circuit

By Lamis G. Eli, Esq. of Wilson Elser In May 2014, the Trust acting on behalf of the estate of Randy Wolfe (a/k/a Randy California) of the rock group Spirit filed a copyright infringement suit agai

No, No, No: No Accident, No Property Damage, No Duty to Defend Under Illinois Law

By Laura J. Irk, Esq. and Jonathan L. Schwartz, Esq. of Goldberg Segalla Westfield Insurance Co. v. West Van Buren, LLC, et al., 2016 IL App (1st) 140862 represents a continuation of Illinois law i

Taking Steps To Maintain Client Confidences

By Randy (J. Randolph) Evans, Esq., Shari L. Klevens, Esq. and Alanna Clair, Esq. of Dentons Attorneys learn client confidences as part of the attorney-client relationship. Attorneys who fail to sa

TPA Exams: Are Insurers At Risk?

By Paige D. Waters, Esq. and Stephanie M. O'Neill Macro, Esq. of Locke Lord LLP Regulatory Risk Insurance regulators are increasingly investigating and examining (Regulatory Exams) third party adm

Insurance Broker’s Can Bridge The Gap Between Policyholders And Insurers During The Cyber Insurance Application Process (And Beyond)

By Todd M. Rowe, Esq. of Tressler LLP  While many in the insurance industry are just beginning to grasp the basic concepts related to cyber insurance, it is clear that policyholders may still be

How to Protect Yourself After You Leave a Board

By Priya Cherian Huskins of Woodruff-Sawyer & Co. What steps should you take when leaving a board to ensure that you remain protected? I get this question a lot, and it makes sense: most dir

Ransomware in Healthcare – A Clear and Present Danger

By Steven "Steve" D. Gravely, Esq. and Erin S. Whaley, Esq. of Troutman Sanders LLP Ransomware has become a major threat to electronic records systems worldwide. The US government reported recently

Insurance Companies Narrowing Role in ACA Exchanges

By Aaron J. Aisen, Esq. and Fallyn B. Cavalieri, Esq. of Goldberg Segalla In recent months, several major health insurance companies, including Aetna, Humana, and UnitedHealth Group, have announced

Privilege Considerations in Cyber Incident Response

By Bart W. Huffman, Esq. and Charles M. Salmon, Esq. of Locke Lord LLP As with other types of crisis situations, a cyber security incident can generate not only operational issues, but also signifi

Data Breach Plaintiffs Continue to Face Article III Standing Challenges

By Matthew Siegel, Esq. and Leigh Ann Benson, Esq. of Cozen O'Connor Standing remains a high hurdle for individuals whose personal information is compromised as a result of a data breach but who ca

Ransomware: Preparing for the Storm That’s A Brewin

By Linda H. Mullany, Esq. of Gordon Rees Scully Mansukhani, LLP On July 11, 2016, the Office for Civil Rights (“OCR”) published guidelines for ransomware attack prevention and recovery,

“Authorized Entry” Exclusion Precluded Coverage for Hacking Loss

By Robert Tugander, Esq. of Rivkin Radler LLP A federal district court in Washington has ruled that an insured company was not entitled to coverage for losses caused when a hacker directed one of t

Apple, Terrorism & Electronically Stored Information In Today’s Advanced Technological Age

By David J. Oberly, Esq. of Marshall Dennehey Warner Coleman & Goggin Cincinnati Bar Association Report, June 2016 (Cover Article) I. Introduction The newest big data battle emerged recen

The Future Of Work: Avoiding The Nuclear Reactor Bird

By Ben Dudley, Esq. of Seyfarth Shaw LLP There are lessons to be learnt about the future of work in one of my favorite episodes of The Simpsons titled ‘King-size Homer’, from the seven

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