Schedule/Sessions

Claims & Litigation - Cocktail Reception

Claims & Litigation - Breakfast

Claims & Litigation - Session 1 - 2018 Cyber Litigation Update - Claims & Judicial Inconsistencies on the Rise

• Speakers:

• Brian Middlebrook, Gordon & Rees LLP

• Conor Mulcahy, AXA XL

• Marissa Olsen, Coalition

• Howard Panensky, Willis Towers Watson

• Cathleen Kelly Rebar, Rebar Bernstiel, LLC

As courts across the country grow increasingly inconsistent in their decisions impacting cyber litigation, plaintiffs and putative classes continue to find venues to pursue legal theories that have otherwise failed while simultaneously introducing novel theories, pushing the boundaries of constitutionality and justice under the guise of privacy and data security. This presentation will first discuss hot topics in cyber litigation, including increasing IoT and product liability claims, related biometrics litigation, and increasing professional liability claims arising from ransomware/phishing schemes. There will be evaluation of current trends and inconsistencies opening the door to theories of liability both new and old. And, discussion of strategies successfully implemented in defending against these claims, including the impact of Spokeo related decisions across the country will be reviewed. There will also be review of the future of cyber litigation, including increasing securities class actions, claims arising from cyber crime, such as swatting and jackpotting, and the impact of GDPR and related enforcement actions. 

Takeaways: 
• Know important updates impacting the cyber litigation landscape and resulting defense strategies, key among them being risk transfer to third parties
• Learn the resulting impact on cyber coverage and claim management
• Find out about future expectations and trends to look for
 

Claims & Litigation - Break

Claims & Litigation - Session 2 - Effective Preparation Against Ransomware Attacks – A Case Study

• Speakers:

• Dale Coddington, Envista Forensics

• Elizabeth Dill, Lewis Brisbois Bisgaard & Smith, LLP

• Anthony Dolce, Chubb

• Deborah Hirschorn, AIG

• Scott Solomon, Charles River Associates

The panel will walk the audience step-by-step through a simulation of the aftermath/remediation of a system-wide ransomware attack that significantly disrupts business operations and also results in the exfiltration of sensitive data from the system.  At each step of the remediation process, presenters will discuss best practices, preventative steps and security/system controls that, if implemented, would have mitigated the incident’s impact with a focus on the insurance, legal/compliance and forensic perspectives. 

Claims & Litigation - Break

Claims & Litigation - Session 3 - Evaluating and Examining Business Interruption Claims in the Cyber Space

• Speakers:

• Ernest Koschineg, Cipriani & Werner, PC

• Timothy Nunziata, Nationwide Insurance Company

• Joann Obi, Willis Towers Watson

• Simon Oddy, Baker Tilly Virchow Krause, LLP

This session will offer four different perspectives on the evaluation of cyber business interruption. From the legal, forensic, insurance and broker perspectives, the audience will learn the complexity in handling BI cyber loss, including the data associated with measurement of loss, what's covered and where, and the techniques utilized to measure the business interruption. The panel will also address the importance of establishing the cause of disruption, what time period is covered for ongoing business interruption and factors considered in determining the return to normal operations. Aggregation will also be addressed dealing with supply chain and contingent BI risk while dealing with external factors in BI calculation involving industry and market trends. Panel will further address the challenge of insuring reputation and the fact that it cannot be measured accurately versus a simple reduction in revenue. Lastly, there will be a discussion on the methods of calculating loss and how they are governed by available data and the nature of business and losses suffered.

Takeaways: 
• Cyber BI claims are complex and are driven by numerous forensic and business factors
• Presentation of BI cyber claims must be clear, concise, and easily definable and substantiated
• Understanding what BI is covered under one’s cyber policy is of utmost importance when dealing with a cyber BI loss

 

Claims & Litigation - Lunch

Claims & Litigation - Session 4 - Silent and Endorsed Cyber Coverage: Allocation Between Policies that Respond to a Cyber Event

• Speakers:

• Brian Conlin, Starr Companies

• Catherine Lyle, Coalition

• Neeraj Sahni, Willis Towers Watson

• Marc Voses, Goldberg Segalla LLP

With the acceptance of cyber insurance policies as the go to coverage for cyber events, this panel will explore the silent cyber coverage that may exist in policies such as professional E&O, property and CGL for cyber risks, and how to coordinate coverage in those situations when more than just a cyber policy responds to a cyber event.

Claims & Litigation - Break

Claims & Litigation - Session 5 - Handling Cyber – An Insider Look at the Real World of Managing the Resolution of a Cyber Claim

• Speakers:

• Peter Cridland, TransRe

• Craig Linton, Self Employed

• Stuart Panensky, FisherBroyles, LLP

• David Rock, Allied World Assurance Company, Ltd.

• Shiraz Saeed, Starr Companies

The cyber insurance business is no longer a small niche of insurance, but an essential aspect of nearly every insurer’s selection of product offering. What separates one cyber insurance policy from another is no longer just a matter of examining competing insuring agreements or definitions. More than ever, policyholders demand to know about the readiness, depth and sophistication of the people that will actually be handling a cyber claim in the event of an occurrence. An efficiently and appropriately handled cyber event reduces costs and mitigates future harm from regulatory investigations and third-party liability. 

The content of this panel is ideal for insurance professionals looking for a competitive edge on cyber preparedness; other claim professionals looking to sharpen their own claim handling techniques; as well as, private counsel looking for lessons to bring home to their clients when counseling on privacy and cyber matters.