Christopher M Brubaker

December 09, 2015 | The Legal Intelligencer

As 2015 winds down, it is a good time to take stock of where you are with cybersecurity. As you should be aware by now, cybersecurity is an ongoing process that requires constant evaluation, monitoring, testing, training and adaptation. The events of the last year only reinforce this notion. While large-scale payment card data and health care information breaches continue to dominate the headlines, the Ashley Madison breach shows that plenty of damage can occur when a financial windfall is not the hacker's objective. Following on the heels of the Sony breach, which was all about ideology, it is all too clear the harm that a breach can cause, regardless of the type of data that you have or the motivation for the attack. Here are a few predictions for what to expect in 2016:

By Christopher M. Brubaker

8 minute read

September 16, 2015 | The Legal Intelligencer

In a much-anticipated decision, the U.S. Court of Appeals for the Third Circuit recently upheld the Federal Trade Commission's ability to regulate cybersecurity as an unfair business practice.

By Christopher M. Brubaker

8 minute read

September 15, 2015 | The Legal Intelligencer

In a much-anticipated decision, the U.S. Court of Appeals for the Third Circuit recently upheld the Federal Trade Commission's ability to regulate cybersecurity as an unfair business practice.

By Christopher M. Brubaker

8 minute read

June 17, 2015 | The Legal Intelligencer

In its recent decision in Mutual Benefit Insurance v. Politsopoulos, No. 60 MAP 2014, May 26, 2015, the Pennsylvania Supreme Court resolved a longstanding issue concerning the continued viability of the holding in Pennsylvania Manufacturers' Association Insurance v. Aetna Casualty and Surety Insurance, 426 Pa. 453 (1967), regarding the interpretation of the term "the insured" and the applicability of "separation of insureds" language to that analysis. The Politsopoulos case also serves as a good reminder of the importance of making certain when drafting agreements involving indemnification provisions and insurance requirements that the obligations are clearly spelled out. This makes it much easier to obtain insurance that is sufficient to satisfy the needs of the parties and is co-extensive with the indemnification requirements in the agreement.

By Christopher M. Brubaker

7 minute read

June 16, 2015 | The Legal Intelligencer

In its recent decision in , No. 60 MAP 2014, May 26, 2015, the Pennsylvania Supreme Court resolved a longstanding issue concerning the continued viability of the holding in , 426 Pa. 453 (1967), regarding the interpretation of the term "the insured" and the applicability of "separation of insureds" language to that analysis. The case also serves as a good reminder of the importance of making certain when drafting agreements involving indemnification provisions and insurance requirements that the obligations are clearly spelled out. This makes it much easier to obtain insurance that is sufficient to satisfy the needs of the parties and is co-extensive with the indemnification requirements in the agreement.

By Christopher M. Brubaker

7 minute read

March 11, 2015 | The Legal Intelligencer

Cyberrisk is a conundrum. While sharing characteristics with a wide variety of risks, it is unique in the way these characteristics mesh to form something that is difficult, if not impossible, to truly define or quantify. Consider some of the more common types of cyberrisk for which insurance coverage is available: physical damage to hardware; breach response costs; third-party liability; misuse of social media; and cyberextortion, to name a few. These coverages share characteristics with traditional property, liability, crime and directors' and officers' policies. Cyberrisk is a multidimensional threat with no surefire defenses. Firewalls and antivirus software just aren't enough anymore when it comes to cybersecurity. Whether you are looking at what is at risk, what the threats are, what the defenses are, or what your legal obligations are, there are no simple answers.

By Christopher M. Brubaker

7 minute read

March 10, 2015 | The Legal Intelligencer

Cyberrisk is a conundrum. While sharing characteristics with a wide variety of risks, it is unique in the way these characteristics mesh to form something that is difficult, if not impossible, to truly define or quantify. Consider some of the more common types of cyberrisk for which insurance coverage is available: physical damage to hardware; breach response costs; third-party liability; misuse of social media; and cyberextortion, to name a few. These coverages share characteristics with traditional property, liability, crime and directors' and officers' policies. Cyberrisk is a multidimensional threat with no surefire defenses. Firewalls and antivirus software just aren't enough anymore when it comes to cybersecurity. Whether you are looking at what is at risk, what the threats are, what the defenses are, or what your legal obligations are, there are no simple answers.

By Christopher M. Brubaker

7 minute read

March 05, 2014 | The Legal Intelligencer

Editor's note: This is the final article in a three-part series on risk management. Earlier articles focused on identifying risk and transferring risk through insurance.

By Christopher M. Brubaker

8 minute read

February 05, 2014 | The Legal Intelligencer

Mitigation of risk typically involves three approaches: avoidance, reduction and transfer. These techniques can be used alone or in combination to control risk.

By Christopher M. Brubaker

8 minute read

January 28, 2014 | The Legal Intelligencer

Portable electronics insurance is a relatively new classification of insurance products that provide coverage to a wide array of electronic devices for different causes of loss, including loss, theft and malfunction.

By Christopher M. Brubaker

7 minute read