Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Cyberinsurance: Making the Policy Fit

By Judy Selby and Brian Esser
May 02, 2013

It seems that everyone these days, from President Obama to Facebook account holders, is concerned about cybersecurity. Data breaches and cyberintrusions are front page news, and businesses are warned to take a 'when, not if' approach to these threats.

In light of this reality of modern life, more and more businesses are treating data security as one of their most important business risks, and a growing number of insurance companies are offering policies to help businesses prevent and respond to data breaches and attacks. Cyberinsurance policies generally provide both first-party and third-party coverage for such risks. First-party protections include the costs of a forensic investigation to uncover and remediate the breach, retention of privacy lawyers to ensure compliance with relevant laws and regulations, public relations experts to mitigate reputational damage, and companies to notify affected parties of the breach and to conduct credit monitoring, if required. Third-party coverage includes the defense of lawsuits and payment of damages, and coverage for regulatory actions in connection with a security failure, privacy breach, or the failure to disclose a security failure or privacy breach.

Read These Next
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

Disconnect Between In-House and Outside Counsel Image

'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.