The Cyber Insurance Imperative

CCPA ENFORCEMENT SHIFTS INTO OVERDRIVE! This past month, the California Privacy Protection Agency entered a settlement with a leading automaker to resolve claims that the company had violated the California Consumer Privacy Act. In this episode, David discusses the scope of the agency's investigation and why it should concern businesses across all industries. He also outlines how a Cyber insurance policy responds to the costs associated with responding to a regulatory proceeding.

SOLIDARITY FOREVER IS PUT TO THE TEST! This past week, a rank-and-file member of a Pennsylvania teachers' union filed a proposed class action claiming that the union was negligent and breached its fiduciary duty by having inadequate data privacy controls in place and failing to timely inform its members of a data breach. In this episode, David discusses the unique challenges non-profit organizations face around cybersecurity, and offers a suggestion on how these groups can make the most of their limited budget to effectively manage cyber risk.

CYBER IS A BOARDROOM ISSUE! A recent lawsuit brought by a pair of pension funds against a social media giant underscores the need for companies to make sure they have adequate Directors and Officers liability coverage to defend and settle claims of investor loss. In this episode, David discusses how the defendant wound up on the receiving end of the largest data privacy fine in history, and what companies need to know about shareholder litigation arising from cyber risk.

CYBER LITERACY - MORE CARROTS, FEWER STICKS. Underwriters demand it, businesses offer it, and employees sometimes dread it. Phishing training seems to be everywhere, but is it really getting the job done? In this episode, David sits down with Craig Taylor of CyberHoot to discuss a different approach to raising cybersecurity awareness and combatting the rising tide of social engineering.

DATA MANIPULATION: THE STEALTH CYBER THREAT. While Data Breaches grab the headlines, Financial Institutions and Public Entities are waking up to an even more insidious threat to the integrity of their data. In this episode, David speaks with Lara George, co-founder and President of Walacor, about how organizations can safeguard their information systems using a combination of Blockchain and other components to detect and thwart cyber attacks designed to corrupt their data assets.

FREE SPEECH, DISINFORMATION, AND CENSORSHIP ONLINE. The Federal Communications Commission is looking to revisit how online platforms moderate politically controversial content and possibly remove the liability shield those platforms currently enjoy under the Communications Decency Act. But is the FCC out of bounds here? In this episode, David looks at the history of government attempts to regulate "fairness" in mass media, and discusses the possible insurance implications of removing such protections from social media providers.

PRIVATE RIGHTS OF ACTION AND PRIVACY LAW. A resident of Washington State recently filed a proposed class action alleging that an e-commerce giant collected location data and other personal information of millions of smartphone users without their consent. In this episode, David breaks down what's at stake in the lawsuit, and explains why he believes underwriters need to revisit the scope of so-called wrongful collection exclusions that have become prevalent on Cyber insurance policies.

CONGRESS TAKES UP CYBER INSURANCE EDUCATION. A bill has been introduced in the Senate which would direct the National Telecommunications & Infrastructure Administration to develop information to educate businesses about Cyber insurance coverage. In this episode, David questions whether this is an appropriate use of Federal taxpayer dollars, and offers a simple and low-cost (even free) alternative.

HIPAA RULE CHANGES ON THE HORIZON. Healthcare organizations have until March 7 to provide comments to proposed rule changes to HIPAA that have been published by HHS in the Federal Register. In this episode, David welcomes Scott Lupiani, Esq. of Pierson Ferdinand to discuss what prompted the proposed rules and how they will impact covered entities and business associates.