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  • ON-DEMAND

Cyber Risk in Practice: Business Email Compromise, Insurance Coverage, and Breach Litigation (On-Demand)

Technology Credits:
Original Date Of Course:

$129.00

Course Description

This insightful session provides a comprehensive overview of the fast-evolving landscape of data breach response and litigation, specifically tailored for practicing attorneys.  It will delve into the lifecycle of a data breach—including navigating the initial crisis and regulatory reporting requirements, preparing for and defending class action litigation, handling third party lawsuits, and engaging in effective settlement strategy. The session will equip attendees with the practical insights and legal frameworks necessary to effectively advise clients or litigate high-stakes privacy disputes.

It will also provide a comprehensive framework for advising clients on cyber incident risk—from pre-loss preparation through post-loss recovery—across standalone cyber policies, commercial crime coverage, and other potentially responsive lines. It examines how different policy forms respond to a range of cyber-related loss scenarios and how to maximize insurance recovery.

Principles

  • Effective Cyber Risk Management Requires Preparation Before an Incident Occurs
    • Organizations should establish incident response plans, understand regulatory obligations, and evaluate insurance coverage before a cyber event occurs.
    • Proactive planning improves response efficiency, reduces legal exposure, and strengthens recovery efforts following a breach.
  • Successful Breach Response Demands a Coordinated Legal Strategy
    • Attorneys must navigate regulatory reporting, preserve privilege where appropriate, manage communications, and prepare for potential class actions and third-party claims.
    • Early strategic decision-making can significantly influence litigation outcomes and settlement opportunities.
  • Insurance Recovery Depends on Understanding the Coverage Landscape
    • Cyber losses may implicate multiple insurance products, including standalone cyber policies, commercial crime coverage, and other potentially responsive policies.
    • Attorneys should understand key coverage issues—such as causation, direct loss requirements, policy interaction, and bad faith considerations—to maximize recovery.
  • Cyber Incidents Require Both Technical Awareness and Legal Judgment
    • Business email compromise (BEC), ransomware, and hybrid cyber events each present unique legal, operational, and insurance challenges.
    • Effective counsel requires integrating cybersecurity knowledge with litigation strategy, insurance analysis, and risk management throughout the incident lifecycle.

Syllabus

  1. The Current Cybersecurity Threat Environment
  2. Best Practices for Breach Response
  3. Key Regulatory Issues
  4. Class Action Litigation & Third Party Litigation
  5. Settlement Strategy
  6. Coverage Landscape: Cyber, Commercial Crime, and Other Responsive Policies
  7. Common Coverage Issues: Causation, “Direct Loss,” and Inter-Policy Interaction
  8. Business Interruption, Data Restoration, and Third-Party Liability Exposures
  9. Case Studies: BEC, Ransomware, and Hybrid Cyber Events
  10. Claims Strategy, Insurer Engagement, and Bad Faith Positioning

Credit Details

Course Type

Course Instructor

Kevin Small, Esq., Maeve Malik, Esq., Reiko Koyama, Esq., Torrye Zullo, Esq.
Original Date Of Course

Technology Credits

1
KS
Kevin Small, Esq.
Kevin Small, Esq. is a commercial litigator specializing in insurance coverage disputes who represents policyholders across property, cyber, D&O, E&O, general liability, and professional liability matters. His background includes a degree in Risk Management and Insurance from Temple University, work as an insurance broker advising Fortune 500 clients, and a JD from Seton Hall University School of Law, supplemented by judicial internship experience in federal court.
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MM
Maeve Malik, Esq.
Maeve Malik, Esq. is a partner at Hunton Andrews Kurth with 10 years of experience advising clients on privacy, data protection, cybersecurity incident response, and global compliance programs across various industry sectors. She holds a JD, cum laude, from William & Mary Law School and a BA, summa cum laude, from Drew University, and serves as co-chair of her firm's veteran's pro bono program.
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RK
Reiko Koyama, Esq.
Reiko Koyama, Esq. is a partner on the litigation team whose practice focuses on complex commercial litigation, class action defense, and privacy and cybersecurity matters, with extensive experience in data breach litigation across federal and state courts nationwide. She counsels clients throughout all stages of litigation and pre-litigation, including incident response, discovery, motion practice, settlement, and trial.
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TZ
Torrye Zullo, Esq.
Torrye Zullo, Esq. advises commercial policyholders on complex insurance coverage matters, including property and business interruption claims, directors and officers liability, and cyber insurance as a member of a nationwide insurance coverage team. She holds a JD from St. John's University and a BA, summa cum laude, from Stony Brook University, and gained extensive experience in commercial general liability insurance analysis and coverage advice at prior firms.
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