HB Litigation News

Category: Emerging Litigation & Risk

  • The Cyber Insurance Market Has Problems: A Conversation With Tom Johansmeyer

    The Cyber Insurance Market Has Problems: A Conversation With Tom Johansmeyer

    The Cyber Insurance Market Has Problems: A Conversation With Tom Johansmeyer

    The author of the piece is my guest on our latest episode. He is Tom Johansmeyer, ARM, is head of PCS, a Verisk business. PCS investigates and provide, independent loss estimates on catastrophes and large individual losses to the benefit of the global risk and capital supply chain. Tom has focused on the broad and rapid expansion of PCS, leading the team into Japan, New Zealand, and other APAC regions in 2019 – as well as Mexico. Tom is the architect of the PCS entry into global specialty lines, most recently adding large risk loss reporting to the group’s portfolio. Previously, Tom held insurance industry roles at Guy Carpenter (where he launched the first corporate blog in the reinsurance sector) and Deloitte. Personally, I like his LinkedIn description: “Aspiring cyclist and distance swimmer, former soldier. Leading the global charge at PCS. Haven’t driven anything with a motor since 2007.” Excellent.

    This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media, and the Fastcase legal research family, which includes Docket Alarm and Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful our guests are, please drop me a note at Editor@LitigationConferences.com.

    You might notice that I misused a commonly used term, one specifically common in the world of insurance, or maybe you weren’t paying that much attention. That would make two of us. Also, Tom J. was just a fun interview and I hope to get him back! I like the way he explained his candor at the end. He suffers from an infliction that I wish were a pandemic. I hope you enjoy it.

    Tom Hagy
    Host of the Emerging Litigation Podcast

    “Facing the prospect of major financial fallout from an attack, C-suites around the world have turned to cyber insurance. Insurers are issuing more policies, and the amounts of protection available are increasing.

    “In 2020, according to data proprietary to the team I lead, the global insurance community saw the first cyber insurance program to exceed $1 billion — and the second. However, the momentum that has propelled the sector this far may be running out. The cyber insurance sector may still be in its infancy, but there are signs that it’s hit a (hopefully temporary) plateau.”

    From a Jan. 11, 2021, article in the Harvard Business Review titled “Cybersecurity Insurance Has a Big Problem.”

  • Putting an AI App to Work to Protect IP with Jan-Diederik Lindemans and Judith Bussé

    Putting an AI App to Work to Protect IP with Jan-Diederik Lindemans and Judith Bussé

    Putting an AI App to Work to Protect IP with Jan-Diederik Lindemans and Judith Bussé

    They are Crowell & Moring partner Jan-Diederik Lindemans and Judith Bussé, both part of the firm’s Technology & Intellectual Property Department in Brussels. And, working with Neotalogic, they developed an interactive app that takes you through a set of attorney-crafted questions that, depending on your answers, take you to other questions. The app applies a layer of artificial intelligence to enhance the information gathering process. Listen to what these innovators had to say about the Crowell & Moring IP Check-Up application, and take it for a test drive yourself.  Or, here is a quick video of someone using the app.

    This podcast is the audio companion to the Journal on Emerging Issues in Litigation*, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media, and the Fastcase legal research family, which includes Docket Alarm and Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful our guests are, please drop me a note at Editor@LitigationConferences.com.

    Tom Hagy
    Host of the Emerging Litigation Podcast

    * Highly regarded insurance and reinsurance industry attorney Laura Foggan of Crowell & Moring’s Washington, DC, office is on the Editorial Advisory Board. Thanks to Laura for connecting me with J.D. and Judith. 

    An organization’s intellectual property is often its most valuable asset.

    Whether it’s a patent or a trademark, a graphic design or proprietary market information, or just the unique way they do what they do, organizations must protect their innovations or risk significant damage to their future prospects.

    Assessing the vulnerabilities of such valuable inventory is as important as it is time-consuming. But a portfolio protection and process review involves answering the same long set of questions posed to any organization, no matter what type.

    There is the problem. You have a critical invention. You don’t know if it’s at risk. What do you do? You contact a lawyer, of course. You go through the process, one they have managed many times before. What if you could do this yourself first, before contacting a firm? What if it took just 20 minutes and could be done from the comfort of your desk? If you’re the attorney, what if you already had many of your questions answered before your first meeting with a new client? 

    An innovative pair of attorneys in Brussels asked these questions and came up with a solution. And I had the pleasure of interviewing them.

  • To Pay or Not to Pay: Does Your Insurance Policy Cover Ransomware Losses? | By Pamela Hans | Anderson Kill

    To Pay or Not to Pay: Does Your Insurance Policy Cover Ransomware Losses? | By Pamela Hans | Anderson Kill

    To Pay or Not to Pay: Does Your Insurance Policy Cover Ransomware Losses?

    Abstract

    Ransomware attacks are a rapidly growing threat against organizations. Paying ransom demands is a risky proposition and may even lead to sanctions against the targeted company. Either way, the damage to a company’s operation and integrity can be cripplingly severe. Should a company suffer losses from cyber extortion, its insurance company will be one of the resources it turns to for relief. But with cyber
    coverage increasingly out of reach for some, policyholders may find coverage in more traditional coverages. In this article, the author evaluates the potential for coverage under several policy types, and underscores the importance of understanding policy language, the relevant law, and the potential regulatory ramifications of meeting ransom demands.

    Author

    Pamela D. Hans (phans@andersonkill.com) is the managing shareholder of Anderson Kill’s Philadelphia office. Her practice concentrates on insurance coverage exclusively on behalf of policyholders. Pam is also a member of the firm’s COVID Task Group and Cyber Recovery Group.

    About
    The Journal on Emerging Issues in Litigation is a co-production of HB, Fastcase, and Law Street Media. You can also hear the complementary (and complimentary) Emerging Litigation Podcast wherever podcasts appear. For questions, contact Tom Hagy, Editor in Chief, at Editor@LitigationConferences.com.

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  • Gamification of Stock Trading with Brad Rustin

    Gamification of Stock Trading with Brad Rustin

    Gamification of Stock Trading with Brad Rustin

    “What’s the deal?” you ask? Find out! Listen to my interview with FinTech attorney Brad Rustin, a partner with Nelson Mullins. In addition to chairing the firm’s Financial Services Regulatory Practice, Brad counsels  financial institutions in regulatory matters, including strategic agreements, product development, and operational compliance.

    A large portion of his work is on bank and non-bank partnerships involving white-label deployments, FinTech partnerships, or payments, digital assets, cryptocurrency, and lending partnerships. Brad is a Certified Anti-Money Laundering Specialist (CAMS) by ACAMS and a Certified Regulatory Compliance Manager (CRCM) by the American Bankers Association.

    He received his JD, magna cum laude, from the University of South Carolina School of Law and his BA in Political Science and History, cum laude, from Furman University. And now, he is not only a guest on the Emerging Litigation Podcast, but the FinTech advisor on the  Editorial Advisory Board of the Journal on Emerging Issues in Litigation.

    This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the legal news folks at Law Street Media, and the Fastcase legal research family, which includes Docket Alarm and Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative our guests are, please drop me a note at Editor@LitigationConferences.com.

    Thanks to Brad for speaking with me about this fascinating subject. As for me, I will stay away from “game trading.” Hearing people describe it reminds me of my PacMan obsession in college, which frequently cost me many hours that I should have spent differently, and too often a functioning shoulder.

    Tom Hagy

    via GIPHY

    As brokerages focus on enhancing user experience, they risk shifting their customer’s focus from serious financial decisions to a game-like experience.  Some think this is a good thing. That it will help engage the next generation of traders. Others think it’s a bad thing. That it will create a more spastic type of trader with unrealistic expectations on potential returns. State and federal regulators are focusing on digital brokerages and exploring guardrails for these types of platforms.

    The challenges facing traditional technology providers (volume controls, fraud, system outages, and liquidity) are now facing these digital brokerages—with real-life consequences for individuals and their savings and retirement accounts.

    One company that has been making headlines is Robinhood, which was on the receiving end of a $70 million fine handed down by the Financial Industry Regulatory Authority, or FINRA, for what it called “systemic supervisory failures.”

    In coming up with the award, FINRA said it considered the “widespread and significant harm suffered by customers, including millions of customers who received false or misleading information from the firm, millions of customers affected by the firm’s systems outages in March 2020, and thousands of customers the firm approved to trade options even when it was not appropriate for the customers to do so.” Robinhood is also defending itself in litigation involving dozens of cases.

    Will we continue to see litigation over these platforms as more and more retail customers (many young and inexperienced) realize that securities involve market risks?

    What’s the deal?

  • A Special Episode: A lovable litigator with Danny Karon

    A Special Episode: A lovable litigator with Danny Karon

    A Special Episode: A lovable litigator with Danny Karon

    For  30 years attorney Daniel R. Karon has successfully represented plaintiffs and defendants in class-action and individual lawsuits. He’s also chair of one of the leading class action conferences for lawyers, judges and law professors: the American Bar Association National Institute on Class Actions. He’s passionate about educating up-and-coming lawyers. He teaches and writes extensively, and has been featured on podcasts and television news shows.  

    While practicing law (handling some intensely serious matters), Danny became acutely aware of “a societal bias against access to justice where people who need justice the most often get it the least.” One response to that was to launch Your Lovable Lawyer, a multi-media website whose goal is to “make  justice more accessible to people who don’t know, can’t find, or can’t pay for lawyers.” He endeavors to provide actionable insights regarding common legal problems. He refers to his “lovable” concept as “legal wellness,” and encourages regular folks to take a proactive approach to legal matters and potential conflicts. 

    This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how lovable Danny is, please drop me a note at Editor@LitigationConferences.com. 

    via GIPHY

  • Drone Law with Kathryn Rattigan

    Drone Law with Kathryn Rattigan

    Drone Law with Kathryn Rattigan

    Joining me to discuss this emerging area of law is Kathryn M. Rattigan, a member of the Business Litigation Group, the Data Privacy + Cybersecurity Team, and the Drone Compliance Team in the Rhode Island office of Robinson Cole.  Kathryn advises clients on these matters with expertise in the relevant Federal Aviation Administration regulations. She and her colleagues also advise clients on employee and subcontractor contracts, insurance policies, privacy regulations, state and local laws, and best practices as recommended by the National Telecommunications and Information Administration.  She handles product defect, personal injury, and property damage litigation, too.  Kathryn is a frequent contributor to the excellent Robinson Cole Data Privacy + Cybersecurity Insider blog.  She holds a J.D. from the Roger Williams University School of Law and a B.A. (magna cum laude) from Stonehill College.

    This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Kathryn is, please drop me a note at Editor@LitigationConferences.com. This podcast is based on an article she wrote for the Journal.

    Just to clarify. Kathryn does own a drone, but not a “sheep drone.” I regret the error, and I wouldn’t have it any other way.  Thanks to Kathryn for speaking with me about this fascinating area of the law.

    Tom Hagy
    Host and Litigation Enthusiast

    via GIPHY

    The sky will be speckled with commercial drones, carrying our precious products and pills, or performing risky work, like inspecting bridges and buildings, monitoring crops and livestock, and keeping an eye on pipelines and oil rigs.

    It’s not “if,” but “when.”

    What must companies know about deploying a drone fleet?

    What industries are leading the way?

    What are the potential legal liabilities?

    How does one begin to navigate the regulatory labyrinth?

    If one is flying over my swimming pool taking photos, may I shoot it down?

    And who in their right minds would ever allow a teenage boy to operate one?

    via GIPHY

  • Virtual Hearings: Changing Perceptions of Executive Testimony?

    Virtual Hearings: Changing Perceptions of Executive Testimony?

    Virtual Hearings: Changing Perceptions of Executive Testimony?

    Abstract
    Given the newly acceptable ease of securing testimony via webcam—necessitated by the pandemic—this article focuses on efforts to compel the appearance of corporate executives to testify in litigation. While there are many practical advantages to virtual testimony, the authors maintain that mere convenience cannot replace legal standards of relevance and undue burden when pursing the testimony of executives.

    Authors

    Sean J. Coughlin (scoughlin@bressler.com) is a Principal in the Financial Institutions group at Bressler, Amery & Ross, P.C., where he represents institutions and individuals in regulatory investigations and defense litigation. Before joining the firm, he was an Executive Director in the legal department at Morgan Stanley, a Managing Director at Citigroup/Smith Barney, and a Senior Assistant District Attorney in the Kings County District Attorney’s office.

    Jacqueline R. Meyers (jmeyers@bressler.com) is an associate at Bressler, Amery & Ross, P.C., whose practice focuses on securities defense litigation, arbitration, and regulatory investigations. She has specialized experience in litigation concerning arbitrability and enforcement of arbitration awards.

    About
    The Journal on Emerging Issues in Litigation is a co-production of HB, Fastcase, and Law Street Media. You can also hear the complementary (and complimentary) Emerging Litigation Podcast wherever podcasts appear. For questions, contact Tom Hagy, Editor in Chief, at Editor@LitigationConferences.com.

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  • The Mega Verdict Trend in Healthcare Litigation with Sandra Cianflone

    The Mega Verdict Trend in Healthcare Litigation with Sandra Cianflone

    The Mega Verdict Trend in Healthcare Litigation with Sandra Cianflone

    Joining me to discuss this high-stakes litigation is Sandra M. Cianflone of Hall Booth Smith, P.C.Sandiecounsels and defends hospitals, physicians, nurses and institutional employees in a broad spectrum of catastrophic injury and medical malpractice cases. She received her Juris Doctorate from Pace University School of Law and her undergraduate degree from Fairleigh Dickinson University.

    This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, Docket Alarm and, most recently, Judicata. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Sandie is, please drop me a note at Editor@LitigationConferences.com. This podcast is based on an article she wrote for the forthcoming issues of the Journal.

    Note that in my introduction I have created the phrase “badly wrong,” which is, itself, badly wrong.  Listen to the bitter end when Sandie and I discuss working from home, and how we really feel about family and co-workers.  Feel free to scold me at the email address provided. I hope you enjoy the interview and this professional’s practical insights into defending healthcare providers.

    Tom Hagy

    Damage awards against physicians, hospitals, and other healthcare providers have been coming in bigger and bigger, with juries awarding more than $20 million in a string of cases that should send chills down the spines of defendants and counsel. 

    What are the factors behind this trend? Besides the severe (or even alarming)  nature of the harm alleged, what is fueling these mega verdicts?

    What can defense attorneys do, knowing they are facing a well-organized, well-funded plaintiffs bar?

    For that matter, what can defense attorneys learn from their opponents?

    What strategies can defense employ early in the life of a case?

  • Data Security for Small Law Firms with Ondrej Krehel and Gaspare Marturano

    Data Security for Small Law Firms with Ondrej Krehel and Gaspare Marturano

    Data Security for Small Law Firms with Ondrej Krehel and Gaspare Marturano

    Joining me to discuss this important issue is Ondrej Krehel, CEO & Founder of LIFARS, a New York-based incident response and digital forensics firm specializing in cybersecurity protection.
    Ondrej is recognized for his digital forensic expertise and ethical hacking skills. He participates in high-profile engagements around the world using his proprietary methodology to achieve the most rapid root-cause analysis and remediation. He is a former lecturer at FBI Training Academy who has led forensic investigations and cybersecurity involving the U.S. government, including military cyber special operations. He holds a Ph.D. in Computer Forensics from Police Academy in Bratislava, Slovakia, an M.S. degree in Mathematical Physics from Comenius University in Bratislava, and an Engineering Diploma from Technical University in Zvolen, Slovakia.
    Joining Ondrej and me is Gaspare J. Marturano, Chief Marketing Officer at LIFARS. Gaspare is a former Director of Information Systems for a large Connecticut law firm and has consulted on these issues with a number of other law firms.
    This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. If you have comments or wish to participate in one our projects, or want to tell me how insightful and informative Ondrej and Gaspare are, please drop me a note at Editor@LitigationConferences.com.
    I particularly enjoyed hearing about what one kid was doing at 17, an age when I was certain I would be sought out for my rock drumming artistry. Of course, that kid was operating a criminal enterprise. I was just trying to impress girls.
    Tom Hagy

    Law firms are sweet targets for hackers given the rich data they store, from intellectual property to confidential merger details to personal and health information.

    The last decade is rife with headlines about data hacks and ransomware attacks at even the most sophisticated global law firms.

    Yet, according to the 2020 Legal Technology Survey Report conducted by the American Bar Association’s Legal Technology Resource Center fewer than half of the firms polled employ some of the most basic security measures, such as email and file encryption.

    What can smaller firms do to protect their data and that of their clients?

  • Psychedelics Decriminalization and Regulation with Griffen Thorne

    Psychedelics Decriminalization and Regulation with Griffen Thorne

    Psychedelics Decriminalization and Regulation with Griffen Thorne

    Thorne on Psychedelics

    Listen to my interview with Griffen Thorne, an attorney in the Los Angeles office of Harris Bricken LLP.  He focuses on corporate, transactional, intellectual property, data security, regulatory, and litigation matters across a wide variety of domestic and international industries.

    As part of Harris Bricken’s corporate cannabis team, he works closely with cannabis and hemp clients, whom he advises on obtaining licenses and permits, regulatory compliance, entity formation and structuring, mergers and acquisitions, corporate governance issues, contract drafting and negotiation, obtaining and protecting intellectual property rights, and administrative appeals and litigation.

    He also represents clients throughout a wide range of industries regarding compliance with United States, European, and Asian Internet, technology, and data security laws and regulations.

    We hope you enjoy the interview.

    Tom Hagy

    Send questions or comments to Editor@LitigationConferences.com.

    What does the future hold for psychedelics in America?

    How are states approaching the ownership and use of these drugs, either for recreational or their controlled therapeutic use?