Once upon a time in 2008, I was a young coverage lawyer litigating the meaning of ancient asbestos exclusions, testing the boundaries of the notice prejudice rule and generally spending a lot of time reading really tiny print that required an inordinate amount of cross-referencing to other really tiny print. It was, and continues to be, a labor of love.
Hey, don’t roll your eyes at me.
When I discovered cyberinsurance’s relatively undeveloped legal landscape, I recognized that something exciting was happening. Again, with the eyes? New words with no litigated meanings. Old words never applied in the data breach or information security contexts. The ability to get in on the ground floor and watch the law evolve. Maybe even give it a nudge here and there.
As a partner at Klehr Harrison Harvey Branzburg LLP’s Philadelphia office, I still spend a lot of time litigating coverage disputes, drafting coverage opinions and acting as coverage counsel with respect to traditional lines, like CGL, E&O and D&O insurance. But increasingly clients are asking for advice when buying, renewing or underwriting cyberinsurance. I’ve reviewed countless policies, which vary incredibly. I’ve negotiated coverage terms and have even seen some of my language become standard in some policies. And I’m thrilled to blab about it all to anyone who will listen, and on occasion even to those who won’t.
Recent Speaking Engagements:
Institute of Internal Auditors Central Jersey Annual Fraud Conference, “Resiliency in Today’s Cyber-Ecosystem, West Windsor, NJ (May 7, 2019)
Continuing Legal Eduation, “The Emerging Landscape of Cyberliability and Cyberinsurance,” Philadelphia, PA (November 14, 2017)
Amerihealth Caritas, “Your Data or Your Wallet: The Ransomware Threat”, Philadelphia, PA (October 27, 2017)
Pennsylvania Association of Public Employee and Pension Systems Spring Forum, “Cybersecurity: Keeping Your Information Safe,” Harrisburg, PA (May 24, 2017)
Safe America Regional Meeting, “Cyberinsurance Primer,” Philadelphia, PA (May 3, 2017)
Evolving Fiduciary Obligations of Institutional Investors Annual Conference, “Tailoring Cyberinsurance for Public Pension Funds” Tempe, AZ (February 21, 2017)
Drexel Law, “It Wasn’t Me: The Interplay Between Cyberinsurance and Cybercrime,” February 16, 2017 and June 13, 2016 (Philadelphia, PA)
Large Public Agency, “Cyberinsurance Primer,” New Jersey (June 12, 2016)
University Risk Management and Insurance Association Western Regional Conference, “Cyber 2.0: What We’ve Learned So Far and What We Haven’t,” Denver, CO (February 17, 2016)
Continuing Legal Education, “Cyberinsurance Coverage’s Emerging Landscape,” December 9, 2015 (Philadelphia, PA)
Continuing Legal Education, “Cyberinsurance Coverage 101,” October 28, 2015 (Philadelphia, PA)
“The Cyber Insurance Battle Begins,” Matthew Fleischer-Black, CyberInsecurity News, March 2019 (quoted)
“The Cause of Action for Breach of Data: The Problem with Relying on Courts When Managing the Risks of Cloud Services,” Michael A. Stoolman, 70 Rutgers U.L.Rev. 717 (Rutgers Law Review Spring 2018) (cited)
“Content Analysis of Cyber Insurance Policies,” Sasha Romanosky et al. (RAND Corp. Working Paper September 2017) (cited)
“What Pension Fund Trustees Need to Know About Cyberinsurance,” Author, Georgia Association of Public Pension Trustees Third Quarter Newsletter (July 2017)
“Merck Hack Part of Massive Global Attack,” Chris Mondics, Philadelphia Inquirer (June 27, 2017) (cited)
“Targeting Law Firms: Cyber Criminals Want What You’ve Got,” Co-Author, The Philadelphia Lawyer (Winter 2017)
“What Pension Fund Fiduciaries Need to Know About Cyberinsurance,” Author, Kessler Topaz Meltzer & Check Fall Bulletin (Fall 2016)
“P.F. Chang’s On the Hook for Contractual Liabilities,” Author, The Risk Mitigator – Golden Gate RIMS Chapter Newsletter (August 2016)
“How Your Law Firm Can Avoid Cyber Crime: Train Your Employees,” Chris Mondics, Philadelphia Inquirer (July 1, 2016)