Is Cyber Insurance a Modern-Day Imperative?
This article discusses the increasing risks of data breaches and the option for cyber insurance. It describes cyber insurance, highlights recent cyber insurance cases involving "hostile or warlike action" policy exclusions, and discusses the future of cyber insurance as the catalyst for higher data security standards.
September 30, 2022 at 02:00 PM
8 minute read
CybersecurityGetting hacked is almost as certain as death and taxes. If a company hasn't been hacked yet, it probably will be. If a company has been hacked, they can expect to be hacked again: In IBM's 2022 "Cost of a Data Breach Report," 83% of victims reported they were hacked more than once. Data breaches are not limited to Fortune 500 companies. Due to the proliferation of hackers, the low cost of hacking kits, and the universal addiction to data, virtually all enterprises are at risk. Even small businesses, like one-person retail operations, have suffered from and will remain subject to ransomware and data breaches.
In this article we will discuss the increasing risks of data breaches and the option for cyber insurance. We will describe cyber insurance, highlight recent cyber insurance cases involving "hostile or warlike action" policy exclusions, and discuss the future of cyber insurance as the catalyst for higher data security standards.
|Losses From Data Breaches
The financial costs of data breaches are staggering. When combined with potential lost customers and reputation damage, the total cost mandates that prudent companies take all reasonable precautions. According to IBM, the global average cost of a data breach is $4.35 million, and $9.4 million in the United States. The pandemic only made things worse. When employees work from home, they often access company data at non-secure locations on unprotected devices. On average, data breach costs were $1 million more expensive when remote work was a factor. With 44% of companies allowing remote work, the risks only increase.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
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Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
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David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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