Cyber Insurance Policy: Assessing the Risk (Part 2)

Our Mission is to bridge the knowledge gap between law and technology professionals by educating attorneys on technology to attorneys and technology executives on its laws and regulations. Legal Cyber Academy provides a comprehensive tool and evolving knowledge base through exclusive insights from world class cybersecurity, privacy, web 3.0, forensic, and e-discovery legal and technical practitioners. Earn CLE, CPE, and CE credits. (Refunds are available if you do not receive credit) At Legal Cyber Academy We recognize that technology, the cybersecurity threats it faces, and relevant laws and regulation are rapidly evolving, presenting unique challenges and opportunities. Our platform is dedicated to empowering legal professionals with the skills and understanding necessary to navigate the complex landscape of technology in their field, enabling them to effectively advise clients, draft contracts, and navigate legal implications in a technology-driven world. Simultaneously, we strive to equip technology professionals with the legal knowledge they need to make informed decisions, ensure compliance with regulations, and limit liability. By fostering a deep understanding of legal frameworks, we hope to support technology professionals in creating innovative, compliant, and socially conscious technological advancements. Join us in our mission to reshape the way legal professionals and technology experts understand and interact with each other in a rapidly changing technical and legal landscape. Together, they will mitigate risk better, ensure compliance, and actively shape the future of technology and its accompanying laws.

Danie Garrie, Esq., is the Co-Founder of Law & Forensics LLC, where he heads the Computer Forensics and digital discovery Cybersecurity teams. Daniel has been a dominant voice in the computer forensics and cybersecurity space for the past 20 years, as an attorney and technologist. He is an adjunct professor at Harvard for Computer Forensics, and prior to Law & Forensics, he successfully built and sold several technology start-up companies. Since co-founding Law & Forensics LLC in 2008, Daniel has built it into one of the leading boutique firms specializing in cybersecurity and forensic engineering. He is a mediator, arbitrator, and e-discovery special master for JAMS and is a partner and head of Cybersecurity practice at Zeichner, Ellman & Krause LLP. Daniel earned both a Bachelor’s and a Master’s degree in computer science from Brandeis University, as well as a J.D. from Rutgers Law School. Daniel has led cyber and forensic teams in some of the most visible and sensitive incidents in the United States. He and his team have worked globally for two of the top five banks and dozens of the largest private and public companies in the world. In addition, Daniel has been awarded several patents for advanced cybersecurity and forensic platforms he built with his team, including TableTop.AI, CustodyTrack.IO, and Forensic Scan. Daniel is also well-published in the cybersecurity space and has authored more than 200 articles and books. His work is cited by Black’s Law Dictionary 10th Ed. defining the terms 'software', 'internet', and 'algorithm'. Lastly, he has been recognized by several United States Supreme Court Justices for his legal scholarship and is a trusted source and thought leader for cybersecurity articles and opinions, cited over 500 times to date.

Joshua Gold is a shareholder in Anderson Kill's New York office. He has represented numerous corporate and non-profit policyholders in various industries, with recoveries for his clients well in excess of $1.5 billion. Josh is the chair of the Cyber Insurance Recovery Practice Group and the co-chair of the Marine Cargo Insurance Group. Josh's practice involves matters ranging from international arbitration to data security, directors and officers insurance, business income/property insurance, commercial crime insurance, admiralty, cargo, and marine insurance disputes. He has been the lead trial counsel in multi-party bench and jury trials, and has negotiated and crafted scores of settlement agreements including coverage-in-place agreements. Josh won a multi-million dollar recovery in a landmark U.S. Court of Appeals, Sixth Circuit decision, on behalf of a retailer that suffered a data breach as a result of a computer hacking scheme. In finding coverage for the retailer's losses stemming from the breach, the Sixth Circuit rejected the insurance company's "direct loss" defense, instead applying a proximate cause standard. Because the "direct loss" defense is commonly cited in such cases, the decision is of particular importance to businesses purchasing fidelity, crime, and financial institution bond coverage. Josh is ranked by Chambers USA in Insurance Dispute Resolution: Policyholders in New York and recommended by The Legal 500 for Insurance - advice to policyholders. Josh has a regular column in Risk Management Magazine and has been published in numerous business and legal periodicals, covering a variety of insurance, commercial, and consumer issues. He has been quoted on insurance coverage issues in Forbes magazine, CFO magazine, Business Insurance, National Underwriter, Computerworld, Best’s Insurance News, and various other trade and business periodicals catering to the risk management, computer, medical, and technology professions. He is also an Adjunct Professor of Insurance Law at Brooklyn Law School. Additionally, Josh is a frequent lecturer on insurance coverage issues, speaking at conferences nationwide and internationally including conferences convened by the Risk and Insurance Management Society (RIMS), the Practicing Law Institute (PLI), the Chartered Property Casualty Underwriters Society (CPCU), and the College of Insurance, New York City.

Keith Tagliaferri has a unique, multidisciplinary cyber security and operations background. For the past 20 years, Mr. Tagliaferri has served in various cyber security and data privacy roles to protect individual consumers, SMBs, large enterprises, and government agencies from various cyber threats. Reporting directly to Chief Information Security Officers, Mr. Tagliaferri has investigated thousands of internet security issues, including data breaches, cyber attacks, information security vulnerabilities, identity theft, and online crimes. As a result, Mr. Tagliaferri has become a leading resource on cyber security, continuously advising enterprise-level organizations regarding numerous cyber security issues across multiple industries, including insurance, financial services, healthcare, pharmaceuticals, investment banking, professional services, and other industries. As the Head of Cyber Claims Strategy at The Hartford, Mr. Tagliaferri oversees the assessment and continuous improvement of cyber insurance claims processes, data collection, exposure, risks, threat intelligence, trends, and analysis across the organization. Additionally, Mr. Tagliaferri oversees the organization’s cyber services strategy and manages relationships with external industry-leading cyber service providers who directly assist the organization’s customers with both proactive and reactive cyber security capabilities.

Peter A. Halprin is a partner in Pasich LLP’s New York office. Peter represents commercial policyholders in complex insurance coverage matters with a focus on recovery strategies in relation to cyber breaches, cyber crime, COVID-19, and natural disasters, professional services, regulatory investigations, and technology disputes. Over the course of his career, he has arbitrated, litigated, and mediated claims involving a broad range of insurance policies and recovered hundreds of millions of dollars in insurance proceeds for policyholders. Peter has helped clients pursue insurance coverage for business e-mail compromise schemes, cyber crimes, data breaches, fraudulent e-mails, invoice manipulation schemes, phishing and whaling attacks, ransomware attacks, privacy and statutory liability, and technology E&O disputes. He is also a prolific author and speaker on insurance coverage for cyber risks. In addition to being a Faculty Member at the Global Cyber Institute, he is an Adjunct Professor of Law at the Benjamin N. Cardozo School of Law, and a Fellow with the Chartered Institute of Arbitrators. He also recently completed a Harvard VPAL course entitled 'Cybersecurity: Managing Risk in the Information Age.'