Explorez tous les épisodes du podcast The Cyber Insurance Imperative

AI AND LEGAL PRIVILEGE: A CAUTIONARY TALE. In this episode, David discusses the implications of a recent decision in a Federal case involving the use of AI by a criminal defendant in preparing his legal arguments, and why in-house counsel should take heed, but not panic.

AI PUTS INSURANCE AT A CROSSROADS. In this episode, David sits down with veteran insurance broker Elisabeth Case to discuss a way forward for the market to underwrite the risks associated with Artificial Intelligence across all lines of coverage.

WORDING MATTERS: In this episode, David sits down with Rick Bortnick of Wilson Elser and Daniel Waldman of Starr Insurance to discuss a recent Federal decision outlining the rules of engagement around vendor liability and underscoring the importance of contract wording.

NO IF'S, AND'S OR "BUT FOR'S". A decision out of a Federal district court gives a boost to an airline's contention that its cyber insurance carrier interpreted policy wording too narrowly, keeping the airline's claim for business interruption loss alive. In this episode, David explains why this is good news not only for policyholders but for the cyber insurance marketplace's long-term viability.

SNOWED IN? For those who couldn't make it to the American Bankers Association Insurance & Risk Management Forum in Orlando this week, David provides a summary of his coverage and contract wording recommendations to help Financial Institutions better manage cyber risk around their vendor relationships.

ALL OVER THE MAP. A recent settlement of a potential class action involving pixel tracking shows that plaintiffs are getting enough traction in these claims to realize a payoff. In this episode, David discusses the rationale for settling such matters and the importance of having the right Cyber insurance coverage to navigate these claims.

COULD IT HAPPEN HERE? As tensions mount between the U.S. and Iran, the prospect of Cyber warfare has come into focus. In this episode, David discusses what the U.S. government is telling businesses to do to safeguard against cyberattacks, and explains why the dreaded "war exclusion" may not necessarily preclude coverage for such incidents under many Cyber insurance policies.

WHERE CYBER RISK AND D&O LIABILITY CONVERGE: A federal lawsuit brought against board members and executives of an e-Commerce company alleges that lapses in cybersecurity led to a data breach and subsequent missteps by the company that resulted in a decline in stock price. In this episode, David discusses the allegations in the complaint, as well as the importance of marrying coverage across multiple policies to protect Directors and Officers tasked with managing Cyber risk.

NEW YORK TELLS WASHINGTON : FUHGEDDABOUDIT! Days after President Trump signed an Executive Order designed to tamp down on state efforts to enact AI legislation, lawmakers in Albany defied Washington by enacting a new law with stringent notification requirements and the ability to assess fines for noncompliance. In this episode, David discusses the tension between state and federal enforcement efforts and what businesses can do to navigate this challenging risk landscape.

TRUMP TRUMPS STATES ON AI. The Executive Order issued by the President last week establishes a national standard for the development of Artificial Intelligence. In this episode, David breaks down the EO and discusses why it may be good news for businesses attempting to navigate a minefield of conflicting state laws. David also explains why AI presents risks that reach beyond the four corners of your Cyber insurance policy.

"CHECK" THIS OUT: The European Commission's 120M Euro fine against a major social media platform has the makings of a geopolitical incident, but also highlights the aggressive approach to enforcement being taken by EU regulators. In this episode, David breaks down the components of that fine and discusses the importance of the right policy wording around regulatory coverage in Cyber Insurance policies.

"A GRAND EXPERIMENT INVOLVING MILLIONS OF AMERICANS." A recent Congressional hearing on the proliferation of AI chatbots in mental health raises concerns about user safety and data privacy. In this episode, David highlights the testimony of expert witnesses and discusses what healthcare organizations and other businesses can do right now to implement best practices around the responsible use of Artificial Intelligence while legislation catches up with advances in the technology.

DO YOU KNOW WHAT INFORMATION YOUR WEBSITE IS COLLECTING? In this episode, David sits down with university researcher and Cyber Insurance underwriter Daniel Woods to discuss the rise of tracking litigation -- who's driving it, what businesses can do to protect themselves, and how the insurance marketplace is responding.

GOING SOFT! In this episode, David breaks down the findings in the recent report on the state of the Cyber Insurance market from the National Association of Insurance Commissioners, and what the historically soft market means for businesses looking to expand the scope of their coverage.

COVERAGE MATTERS! In this episode, David sits down with Peter Halprin, Esq., of Haynes & Boone's Insurance Recovery Practice to discuss where disputes most commonly arise in the adjustment of Cyber claims.

LOST WITHOUT THE CLOUD! In this episode, David discusses what the AWS system outage tell us about the importance of Dependent Business Interruption coverage, and why the right contract wording could determine your avenues of recovery in the event of a loss.

ELEPHANTS NEVER FORGET, AND NEITHER DOES THE DARK WEB! A recent Federal appeals court ruling clarifies the basis by which plaintiffs in data breach litigation can establish standing to sue. In this episode, David breaks down the court's rationale for determining whether plaintiffs can establish actual harm, and explains why it's important to have the right defense arrangements in your cyber insurance policy to meet the needs of your organization.

OUTTA SIGHT! The FAA and the Transportation Security Administration have just concluded a 60-day public comment period around a proposed rule for the use of drones Beyond Visual Line of Sight of the user. In this episode, David breaks down some of the aviation industry's concerns over the new regulations, and discusses the how the right insurance coverage can address the cybersecurity and data privacy exposures associated with this new technology.

WALKING ON EGGSHELLS: A children's psychiatric facility in Connecticut is facing a potential class action lawsuit alleging that it left patient and employee data vulnerable to a cyberattack and that it delayed notification to plaintiffs and regulators about the breach. In this episode, David discusses an important doctrine in tort law that could help establish the plaintiffs establish standing to sue and magnify their damages. He also outlines steps that healthcare facilities can take to enhance their cybersecurity controls and comply with HIPAA and other data privacy laws.

DON'T WAIT UNTIL IT'S TOO LATE! The news coming out of Great Britain this week that a luxury automaker had failed to procure cyber insurance prior to sustaining a debilitating cyber attack should serve as a cautionary tale for businesses. In this episode, David outlines the benefits of the typical cyber policy and urges companies still operating without the coverage to reach out for assistance.

FRENCH FRIED! The E.U.-U.S. Data Privacy Framework has survived its first legal challenge brought by a French parliamentarian who claimed that the current arrangement fails to provide adequate safeguards for European citizens. In this episode, David explains why the current arrangement remains in limbo and how companies can ensure compliance with GDPR during this reprieve. He also discusses the importance of the right policy wording to cover claims against U.S. companies arising under this law.

TAKE ME OUT TO THE BALLGAME! A Major League Baseball team has been hit with a biometric information privacy suit, which also names a private security firm as well as their private equity backers as defendants. In this episode, David discusses the practices that landed the ballclub in hot water, as well as the challenges associated with obtaining coverage for BIPA and other wrongful collection claims in today's marketplace.

BACK TO SCHOOL! As reported by Fox News and other media outlets, a prestigious Ivy League institution has been grappling with the after effects of a data breach impacting hundreds of thousands of students, alumni, applicants, and employees. In this episode, David discusses why higher education is a prime target for hackers, and how colleges and universities can improve their cybersecurity as well as their insurability.

THE SIX MILLION DOLLAR LAWYERS! In this episode, David discusses the recent settlement in the TMX Finance data breach lawsuit, the hazards of litigation facing both plaintiffs and defendants in such cases, and how the right policy wording can make a difference in the availability of insurance coverage to defend and settle such claims.

MOVEIT LITIGATION MOVES FORWARD. In this episode, David discusses a recent ruling slimming down the massive lawsuit against an embattled software developer whose file transfer tool was the target of a 2023 cyberattack. David also breaks down the issues surrounding insurance coverage for the defense of such matters.

UNDERWRITER: HEAL THYSELF. A recent spate of high-profile cybersecurity incidents at insurance companies can leave consumers and businesses wondering how secure their data really is. In this episode, David discusses how Alliant works with its own Financial Institution clients to improve their insurability and cyber maturity.

DIRTY LAUNDRY! A leading bleach maker has sued its cybersecurity vendor following a crippling 2023 cyberattack. In this episode, David discusses what it would take for the plaintiff to pierce through any limitations of liability in the parties' contract, as well as the importance of cyber insurance as a backstop when the best vendor management practices fail.

THIRD PARTY CYBER ATTACKS ARE ON THE RISE! This year's Verizon Data Breach Investigations Report revealed that attacks on service providers doubled as a percentage of reported data breaches. In this episode, David revisits the importance of vendor management and offers some practical tips around contract wording, cybersecurity attestations, and risk transfer solutions.

EL-MORTIFIED! In this episode, David takes a break from discussing Cyber Insurance to speak out against the vile, hateful rhetoric spewed by the hacker who took over Elmo's X account.

GOING DOWN? A recently released report by A.M. Best indicates that Cyber insurance premium volume declined in 2024, but the decline was fuelled by improved pricing rather than a drop in demand for the coverage. In this episode, David discusses another factor in play -- stricter underwriting criteria, and the role of the broker in helping clients enhance their insurability.

FREEDOM AND PRIVACY CANNOT BE SEPARATED! In this special, Fourth of July episode, David cites examples of government collaboration with private companies around surveillance of online activity, and calls upon tech companies and social media platforms to "be the adults in the room" when it comes to data privacy.

DISCLAIMER: The opinions expressed here are solely those of the creator and do not necessarily reflect the views of his employer.

LIFE DURING WARTIME! Against the backdrop of a tenuous ceasefire between Iran and Israel, the Department of Homeland Security has issued a bulletin warning businesses to be prepared for cyber attacks. In this episode, David discusses the DHS advisory and tackles the thorny question of the "war exclusion" commonly found on Cyber insurance policies.

STATES GET TOUGH ON SOCIAL MEDIA PLATFORMS: Amidst increasing concern about the impact of social media on the mental health of minors, Vermont became the latest state to enact legislation designed to protect children online, joining Nebraska and soon-to-be-followed by Minnesota. In this episode, David breaks down how this may impact your ability to market your products and services to this demographic and how Cyber insurance can cover the costs of regulatory proceedings.

RETAIL (NEEDS) THERAPY! A recent spate of cyber attacks at major retailers has put the industry back in focus. In this episode, David discusses some practical steps companies should be taking to button up their security, and offers a diagnostic process for identifying deficiencies and enhancing insurability.

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AI REGULATION AT A CROSSROADS: Faced with a patchwork of state laws regulating the use of Artificial Intelligence, Congress is moving towards enacting a ten year moratorium on state enforcement to ease compliance and encourage innovation. But will this approach harm consumers and reduce accountability? In this episode, David discusses the competing approaches and offers a resource to help businesses proceed with the responsible deployment of this new technology.

CCPA ON STEROIDS! As reported by Law360, a recent ruling by a federal judge has the potential to greatly expand the ability of consumers to use the "private right of action" under the California Consumer Privacy Act. In this episode, David discusses the import of the ruling, as well as steps businesses can take to minimize their exposure to such website tracking litigation.

CAN'T MAKE IT TO CHICAGO? That's ok... in this episode, David offers a sneak preview of what he and his colleagues from Alliant will be talking about at the big risk management and insurance confab: Cybercrime. Here, David provides some useful tips on minimizing your exposure to fraudsters, as well as a roadmap of how to respond should your organization find itself a victim of wire fraud.

DATA PRIVACY COMPLIANCE ISN'T ALWAYS A "SNAP." The Florida Attorney General recently sued a large social media platform for violating a new state law designed to protect children online. In this episode, David discusses what the company is arguing its own defense, as well as the shifting regulatory landscape around data privacy. He also offers some recommendations around what businesses can do to stay in compliance and manage the financial impact of such enforcement actions.

ANOTHER DAY, ANOTHER VENDOR BREACH! A leading rental car company recently confirmed that its customers' personal information had been compromised as a result of a cyberattack on one of its service providers. In this episode, David discusses the growing problem of Single Points of Failure and offers listeners a "road map" for addressing third-party risk management in the context of data privacy.

DON'T "TEST" THE COURT'S PATIENCE! A federal judge in California has dismissed a proposed class action against an online automotive retailer, finding that the Plaintiff lacked "standing" to pursue her claim that the company violated the California Invasion of Privacy Act when it shared her search queries with advertisers and other third parties. In this episode, David likens the tactics of the Plaintiff to those of some personal injury lawyers and offers some tips to businesses around avoiding and defending data privacy litigation.

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.

AN ABOUT FACE ON AI! This past week, President Trump rescinded a Biden-era Executive Order regulating the use of artificial intelligence by the private sector. In this episode, David discusses the impact of this decision, and why companies should not let their guard down with respect to such risks as data privacy, copyright infringement, and employment discrimination.