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Read the Fine Print
The difficulties of securing important company and customer data are not new to franchised businesses, but the scale of the problem continues to increase. A new white paper by insurance consultants Peter R. Taffae and M. Damien Magnuson indicate another threat: inadequate insurance coverage when security breaches occur. See, “What Every Insurance Professional Must Know About Network Security and Privacy Liability,” 2nd ed., Peter R. Taffae and M. Damien Magnuson, ExecutivePerils.
Insurers are adding new restrictions to their cyber liability coverage, even as industry executives incorrectly assume that their standard insurance policies provide them with protection. “While limited coverage for some privacy, media or data breach exposures may be included in 'traditional' insurance programs comprised of commercial general liability, umbrella liability, fidelity/crime, and kidnap, ransom and extortion policies, there will inevitably be substantial gaps and plenty of room for coverage disputes,” wrote Taffae and Manguson. “Most underwriters of traditional types of insurance contend that it is not the intent of these policies to pick up cyber exposures. Changes have been made, and are continuing to be made, to these forms to clarify the intent not to cover cyber exposures.”
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.