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Cyber Risk & Privacy Liability Forum: International Exposure and Reinsurance


Product Code - LGN185
Speaker(s): Moderator: Matthew Davies, FCIP, CRM, Chubb Specialty Insurance; Ted Charney, Falconer Charney LLP; Chris Cotterell, Safeonline LLP; Scott Pidduck, QBE Services Inc.; Mark Schreiber, Edwards Wildman Palmer LLP; Gonzalo Zeballos, Baker Hostetler LLP; David Clark, Travelers Canada; Moderator: John Coletti, XL Capital; Lisa Butera, Swiss Re America Holding Corporation; Andreas Schlayer, Munich Re; Mike Brown, Guy Carpenter & Company LLC; Paul Miskovich, AXIS Insurance
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Bloomberg BNA is pleased to present this program in partnership with HB Litigation Conferences LLC. The live program was co-produced by HB and NetDiligence®.

International Exposure
The global nature of cyber space makes the related legal issues even more complex due to the different and ever-changing protection standards implemented in different jurisdictions. Another complicating factor is that the source of a cyber attack is often not even known. This panel discusses the challenges companies face when they are confronted with cyber liability on a global scale and how these multi-jurisdictional breaches should be treated. This panel also provides a range of international perspectives, with updates on Canadian, European and Latin American cyber exposures.

Learn about:

• Key issues to consider when managing a breach crosses several borders
• Discovery issues
• How attorney-client privilege may be impacted by a multi-jurisdictional breach
• The pros and cons of a blanket notification
• Advising clients in multi-jurisdictional matters
• Selecting vendors for multi-national situations
• Canadian update
• Latin America update
• European update

Reinsurance Panel
Reinsurance can be used to help mitigate a carrier's risk of loss due to cyber attacks experienced by policyholders. This panel discussion provides both the buyer's and seller's perspectives as they navigate the complex waters of reinsurance. The panel consists of reinsurance experts who provide key insight on how a company should manage their aggregation exposure and how the introduction of first-party coverage has affected the buying habits of reinsurance customers.

This panel discusses:

• The reinsurance industry's perspective on cyber exposure
• The reinsurance buyer’s perspective on cyber exposure
• Insurers' risk assessment perspective on cyber exposure
• How companies manage the aggregation exposure
• How the introduction of first-party coverage affects the buying habits in reinsurance
• Stand-alone cyber treaties
• How reinsurers support treaties

Program Level: Intermediate

Moderator: Matthew Davies, FCIP, CRM, Chubb Specialty Insurance; Ted Charney, Falconer Charney LLP; Chris Cotterell, Safeonline LLP; Scott Pidduck, QBE Services Inc.; Mark Schreiber, Edwards Wildman Palmer LLP; Gonzalo Zeballos, Baker Hostetler LLP; David Clark, Travelers Canada; Moderator: John Coletti, XL Capital; Lisa Butera, Swiss Re America Holding Corporation; Andreas Schlayer, Munich Re; Mike Brown, Guy Carpenter & Company LLC; Paul Miskovich, AXIS Insurance

International Exposure
Moderator: Matthew Davies, Chubb Insurance Company
Matthew Davies is a Senior Underwriting Specialist with Chubb Insurance Company of Canada and the national product manager responsible for Professional, Media and Cyber Liability Insurance. Mr. Davies has worked in the insurance industry since 1988. He started his career in Montreal as a Professional Liability Insurance Broker, later moving to underwriting. He is well known in both the Vancouver and Toronto insurance markets. He joined at Chubb in Vancouver in 1997 as a Senior Underwriter where he underwrote Property and Casualty coverages as well as Executive Protection and Financial Institutions products. He transferred to Toronto in 2002 to set up the Canadian operations of ChubbPro. He was appointed as a Senior Underwriting Specialist for Professional Liability in 2007. He is frequently invited to speak at insurance industry events on topics concerning errors and omissions, multi-media liability, social media; and cyber exposures.

Ted Charney, Esq., Falconer Charney LLP
Ted Charney is a senior partner at Falconer Charney LLP, where he is the head of the firm’s personal injury, class action, and insurance defense practice groups. He practices as general litigation counsel with an emphasis on the following practice areas: Personal Injury, Class Proceedings, Commercial Litigation, Insurance Defense, Employment Law, Medical Malpractice, Food Borne Illness, Construction Law and Appeals. He has conducted numerous trials and appeals, including jury trials throughout the province and has represented clients in over 100 reported decisions of the Superior Court of Ontario and the Financial Services Commission of Ontario, spanning a wide range of practice areas. Education: 1982 - McGill University, Bachelor of Arts (with distinction); 1985 - Osgoode Hall, York University, LL.B.; 1987 - Called to the Ontario Bar.

Chris Cotterell, Safeonline Ltd.
Chris Cotterell co-founded Safeonline Ltd in 1998 as a specialist insurance intermediary to the digital and e-commerce industry. Having started his career at Alexander Howden Insurance brokers, back in 1984, as a North American Property broker, he joined Marsh and McLennan in 1987. In 1990 he joined Johnson & Higgins to set-up a financial institutions division, specialising in Worldwide liability risks (E&O and D&O), crime, Kidnap & Ransom, Malicious product tamper and recall, and prior to leaving in 1998, he had territorial responsibility for South America and Turkey. Safeonline is a Lloyds Broker with a Worldwide presence, and a policy portfolio in excess of 15 bespoke insurance solutions. Safeonline works with Brokers, Underwriters, software and internet providers, financial and professional bodies, and security consultants in assessing and creating the trust and confidence craved by companies trading on the internet. As a wholesale broker, Safeonline also specialises in all forms of E&O, Patent (Samian), Financial Institutions, Healthcare, Life Sciences and specialist reinsurance.

Scott Pidduck, QBE Services
Scott Pidduck joined QBE Services (Canada) Inc. just over one year ago, to help develop and grow the Technology and Cyber products in the Canadian Marketplace. He worked side by side with QBE’s UK operations to develop this initiative and continue to grow in the ever-changing marketplace of the Privacy world in Canada. He has been underwriting Technology and Cyber Risks in the Canadian Marketplace for about seven years on both a domestic level as well as on a global basis for Canadian Domiciled accounts. Mr. Pidduck began his underwriting career with ACE Canada within the E&O group with focus in the Technology and Privacy area.

Mark Schreiber, Esq., Edwards Wildman Palmer
Mark Schreiber practices with Edwards Wildman Palmer in the areas of management defense of employment, privacy law, and compliance matters, including internal company investigations involving alleged fraud, financial improprieties, data breaches, health care, anti-kickback, and other misconduct. He advises boards and special board committees on these matters. He has defended innumerable wrongful termination, sexual harassment, discrimination, privacy, employment contract, non-competition, and defamation matters at all levels, including in the trial and appellate courts. Education: Harvard Law School, J.D.; University of Michigan, B.A.

Gonzalo Zeballos, Esq., Baker Hostetler
Gonzalo Zeballos is a seasoned international litigator with Baker Hostetler whose experience spans five continents and more than 30 jurisdictions worldwide. As comfortable in the U.S. courts as in a foreign arbitral proceeding, Mr. Zeballos’s practice includes general commercial litigation, international arbitration (ad hoc and major arbitration fora), international antitrust, multinational civil and criminal regulatory investigations, internal investigations, alien tort claims act and foreign securities litigation. He has successfully represented domestic and international clients across a broad range of industries, including insurance, media, telecommunications, manufacturing, oil and gas and financial services. In addition, Mr. Zeballos has been an active supporter of pro bono efforts on behalf of political asylum applicants and has successfully represented asylum applicants hailing from Africa, Asia and Latin America. Education: J.D., Columbia University School of Law, 2000,

David Clark, Travelers Insurance
David Clark is the Senior Technical Specialist in the Major Case Unit at Travelers Canada, where he is responsible for the large and complex D&O, E&O, fidelity and cyber liability claims in Canada and the U.S. Mr. Clark began his insurance career in 1996 handling lawyer E&O claims for a captive insurer before joining Liberty International Underwriters Canada as Senior Claims Counsel, Specialty Casualty Claims, in 2003. He joined Travelers Canada in 2007. He is regularly consulted by professional liability and cyber liability underwriters for his claims experience. He has law degrees from schools in both Canada and the U.S. and is a member of the Ontario Bar. He also holds a Master Of Law in E-Business Law from Osgoode Hall Law School. Mr. Clark speaks on professional liability issues as the course instructor for “Legal and Ethical Issues of IT Security” in the Master of IT Security program at the University of Ontario Institute of Technology.

Reinsurance Panel
Moderator: John Colletti, XL Group
John Colletti has made critical contributions to the development of cyber insurance. He manages XL’s cyber insurance and technology E&O team, with underwriters in New York, Chicago, Dallas, Atlanta and Washington DC. Before joining XL Group, Mr. Coletti was the assistant vice president in charge of professional liability at CNA, where he managed a portfolio of cyber and E&O insurance with a focus on the technology industry. Before that, he held various underwriting, audit and accounting positions at Gulf Insurance. Mr. Coletti’s insights on cyber insurance have been published in many articles, and he’s a frequent speaker at industry events.

Lisa Butera, Swiss Re
Lisa Butera is a Senior Vice President and Divisional Client Executive at Swiss Re. In this role, she is chief sales leader and relationship manager for 5 major insurer clients. She is responsible for growth and profitability of the overall client relationship and leads a cross-functional team to develop and deliver risk and capital management solutions to clients utilizing Swiss Re's products and services. Prior to joining Swiss Re in August 2012, Ms. Butera spent most of her 20 year insurance career at AIG. Most recently, she was Head of the Multinational Risk Practice for AIG North America, and prior to that Head of Worldwide Commercial Management Liability and Crime within the international Financial Lines Division. During her AIG career, Ms. Butera held several different positions of increasing responsibility. Education: Ms. Butera is a Communications Studies graduate of Montclair State University.

Andreas Schlayer, Munich Re
Andreas Schlayer started his career in 1994 as an underwriter for industrial risks at Munich Re, and was responsible for different markets and industries during this time. Since 2001 his field of work has been dealing with the North American reinsurance market. One focus of his work has long been the area of "insurability of Cyber Risks”. Since 2009, he is head of a global team of experts at Munich Re, which focuses on dealing with this topic. His specialist field includes Reinsurance Aggregation Concerns, Cyber terrorism and warfare, pricing of Cyber Risks, privacy and other data breach insurances.

Mike Brown, Guy Carpenter & Company, LLC
Mike Brown is a Managing Director at Guy Carpenter & Company, LLC's in their New York office. He is a Member of their Professional and Management Liability Specialty Practice Group, as well Specialty Practice leader of the of Cyber and Privacy Risk Specialty Practice group. Since joining Guy Carpenter in 2002 , Mr. Brown has developed a variety of reinsurance programs including D&O and E&O programs for new and existing clients placed with markets worldwide. Prior to this, he held positions at Aon, EW Blanch and Benfield. Mr. Brown received his Bachelors degree in Economics from Middlebury College.

Paul Miskovich, AXIS PRO
Paul Miskovich manages underwriting strategy for and development of Technology, Network Security and Privacy Insurance products at AXIS PRO, a unit of the Professional Lines Division of AXIS Insurance in the United States. Mr. Miskovich manages product underwriting activity on a nationwide basis through a highly experienced team of underwriters in New York City, Hartford, Chicago, Atlanta, Kansas City, San Francisco and Los Angeles. He has been in this role since August 2009. Mr. Miskovich has 11 years of industry experience. Formerly, Paul was Senior Vice President and Cyber/Tech broker for Willis of New York and a member of the Willis National E&O Practice. Previously Paul also served as the Technology Product Manager at AIG’s National Union Insurance Company. Prior to the insurance industry, Paul worked in the telecommunications and defense industries at Motorola and for other employers performing enterprise IT project management and engineering services. Mr. Miskovich holds a B.S. in Industrial Engineering from the New Jersey Institute of Technology and a J.D. from Seton Hall Law School. Paul is a licensed P&C insurance broker and attorney in New York and New Jersey.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditations Coordinator, or email us at accreditations@bna.com.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.