This is the first post in a three-part series about first-party coverage for losses of computer data.

Labor Day 2016 was a bad day for my client. That was the day her web host company hit the delete button, knocking her offline and completely wiping out her business website. Instead of celebrating a holiday weekend, she was dealing with a crisis.
Continue Reading Losses in Cyber-Space: Recovering Insurance Proceeds When Your Computer Data Can’t Be Recovered (Part One)

Never meet the enemy on their own terms. This memorable line from Rudolph Mate’s classic western, The Violent Men, motivates the hero, an embattled ranch owner, as he matches wits and brute force against a ruthless, greedy land baron.

The hero’s struggle reminded me of the coverage showdown in National Union Fire Ins. Co. v. TransCanada,1 where the policyholder matched wits against the insurers—and recovered $58M in coverage for property damage and business interruption losses stemming from the breakdown and temporary shutdown of a faulty power generating turbine.
Continue Reading New York Appellate Court Affirms Policyholder’s $58m Property Damage and Business Interruption Win

Part two of this series continues exploring cybersecurity regulations and breach notification requirements. [Read Part One here].

The first installment of this post mentioned some of the cyber security regulations in New York, which has been noted as leading the pack in this area.1 Part two follows up with a few additional regulations and calls to action that address cyber issues.
Continue Reading New Cybersecurity Regulations Series (Part Two)

This is the first post in a two-part series about cybersecurity regulations and breach notification requirements.

Recent headlines of high-profile cyber-attacks confirm the maxim that the cover up usually causes more trouble than the event itself.
Continue Reading What the Heck Was Uber Thinking: Non-Disclosure and Other Missteps After a Data Breach Are Prime Triggers For Regulatory Scrutiny (Part I)

To paraphrase the film noir classic Asphalt Jungle, cyber-crime is a left-handed form of human endeavor.

The District Court for the Southern District of New York has ruled in Medidata v. Federal Insurance Company,1 that a company duped via e-mail into wiring sums of money overseas by an unknown actor was covered under the company’s computer fraud policy, rejecting arguments that the coverage was limited only to hacking into policyholder’s computers.
Continue Reading Federal Court Finds Coverage for Company Spoofed by E-Mail Fraudsters