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Cyber Risk & Privacy Liability Forum: State of Litigation and Subrogation


Product Code - LGN186
Speaker(s): Moderator: John Mullen, Sr., Nelson Levin deLuca & Hamilton; Timothy Blood, Blood Hurst & O’Reardon LLP; Chandler Givens, Edelson LLC; James Giszczak, McDonald Hopkins PLC; Brad Gow, Endurance Specialty Holdings Ltd.; Moderator: Erick J. Kirker, Cozen O’Connor; Ken Levine, Nelson Levine de Luca & Hamilton; Richard Sheridan, ACE USA
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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®.

State of Litigation
Cyber litigation is a fairly new and evolving legal practice, with new regulations, new technologies, and new court decisions coming out each week. When working in the cyber liability arena it is important to understand the current case law in order to help clients mitigate or even avoid cyber litigation. This panel discussion focuses on current trends of the courts and where the data breach and coverage practice is heading.

This panel discusses:

• Current case law and what it means to companies
• How a plaintiff decides who to sue and why
• Trends in recent rulings
• Where data breach and coverage litigation is heading
• What a potential defendant can do to avoid being sued
• Understanding the notification process

Subrogation
Using subrogation to take over the rights or remedies of another against a third party when dealing with cyber liability requires a deep understanding of current cyber law, case law, and policies. Cyber liability is a growing practice area and when advising clients it is imperative to know the ins and outs of the cyber subrogation process, as well as the risks and benefits that go along with subrogation. This panel discussion reflects on the practice of cyber subrogation and offers insight on how to manage the problems one may face when dealing with subrogation.

Learn about:

• Types of cyber threats
• Your sources of recovery
• Issues arising out of the cloud
• Legal claims available against a defendant
• Subrogation hurdles
• Subrogation case law update
• Policies that hamstring subrogation interests
• Claim issues dealing with subrogation

Program Level: Intermediate

Moderator: John Mullen, Sr., Nelson Levin deLuca & Hamilton; Timothy Blood, Blood Hurst & O’Reardon LLP; Chandler Givens, Edelson LLC; James Giszczak, McDonald Hopkins PLC; Brad Gow, Endurance Specialty Holdings Ltd.; Moderator: Erick J. Kirker, Cozen O’Connor; Ken Levine, Nelson Levine de Luca & Hamilton; Richard Sheridan, ACE USA

State of Litigation
John F. Mullen, Sr., Nelson Levin deLuca & Hamilton
John F. Mullen, Sr. has been licensed in Pennsylvania and New Jersey since 1991, and leads Nelson Levine de Luca & Hamilton’s Data Security & Privacy Practice Area Group. Mr. Mullen has a personal focus on preparation for and defense of network security and privacy data breach events. He has presented on network and data security issues for insurers and brokers via national webinars and presentations for organizations including NetDiligence, ACI, CPCU, RIMS and PLUS. Mr. Mullen has also had numerous articles on cyber/data loss published in various periodicals including several articles in Best’s Review. Mr. Mullen’s data and security practice centers on immediate and comprehensive response to data loss events, ideally post-event, but prior to suit. Through this approach, Mr. Mullen concentrates on determining the scope of data loss through forensics, providing advice on customer and government notification, public relations management, analyzing data/document handling and retention compliance, as well as managing appropriate customer remedies, litigation hold/e-discovery requirements, indemnity shifting analysis, class action and multi-district litigation (MDL) issues. Specifically, Mr. Mullen serves as Breach Coach Advisor and uses a pool of independent third-party professional service providers who have the capabilities and experience to help organizations and businesses execute their data breach response. In this role, Mr. Mullen provides data breach consultation services and assists insureds as they manage the firms needed to address a data breach event such as firms handling computer forensics, notifications, call centers, public relations, crisis communications, fraud consultation, credit monitoring and identity restoration. Education: Arizona State University, JD, 1991.

Timothy Blood, Blood Hurst & O’Reardon LLP
Timothy Blood is Blood Hurst & O'Reardon LLP's managing partner. His practice has focused on complex litigation, including class action litigation, since the early 1990’s. Mr. Blood has tried class action cases and is a recognized expert on consumer fraud law, including California’s Unfair Competition Law and Consumers Legal Remedies Act. Mr. Blood has represented millions of retail consumers, holders of life, automobile and homeowner’s insurance policies, mortgagors, credit card customers, homeowners, and victims of race and income discrimination. He practices in both state and federal courts throughout the country, and has represented the interests of consumers both formally and informally before the Federal Trade Commission, the California Department of Justice, the California Legislative Analyst’s Office and the California Department of Insurance. Mr. Blood received his Juris Doctor from George Washington University in 1990 and his Bachelor of Arts with honors in Economics from Hobart College in 1987.

Chandler Givens, Edelson LLC
Chandler Givens is an Associate at Edelson LLC, where his practice focuses on technology and privacy class actions. His lawsuits have centered on fraudulent software development, unlawful tracking of consumers through mobile devices and computers, illegal data retention, and data breach litigation. Chandler leads a group of researchers in investigating complex technological fraud and privacy related violations. His team’s research has lead to cases that have helped cause significant reforms to the utility software industry and resulted in tens of millions of dollars to U.S. consumers. On the privacy litigation front, Chandler plays an instrumental role in applying new technologies to federal and state statutes. His briefing of these issues has helped produce seminal rulings under statutes like the Stored Communications Act and establish data breach jurisprudence favorable to consumers. He graduated cum laude from Virginia Tech and received a J.D. from the University of Pittsburgh School of Law.

James Giszczak, McDonald Hopkins PLC
Mr. Giszczak has extensive knowledge advising on, auditing and litigating noncompete, nondisclosure and trade secret matters in nearly every industry. In addition, he has considerable nationwide experience prosecuting and defending employers and employees in noncompete, nondisclosure and trade secret litigation, as well as injunction hearing expertise. Mr. Giszczak has litigated these types of matters in 37 states and counseled in all 50 states. Mr. Giszczak often advises clients regarding restrictive covenant, trade secret and employment issues related to physicians, sales representatives, customer account representatives, key administrators, and technical and clinical personnel. His practice also focuses on business and commercial litigation with trial, litigation and consultation expertise in sales representative and business disputes. Education: University of Notre Dame Law School, J.D., cum laude (1992).

Brad Gow, Endurance Specialty Holdings
Mr. Gow has over 20 years of insurance industry experience. Most recently, he headed the Specialty Errors & Omissions (E&O) group of Zurich Insurance's Specialties business unit. He was vice president of Professional Liability product management with ACE Insurance, where he developed a line of technology E&O and network risk products. Before joining ACE, Mr. Gow was co-founder of NetDiligence, a venture capital-backed network security and privacy consulting firm focused on the needs of network risk underwriters. Between 1992 and 2000, Mr. Gow held a variety of positions with CIGNA, including international roles in Tokyo and Bangkok. He began his insurance career at AIG in 1989. Recognized for his knowledge of network liability risks, Mr. Gow has been a frequent commentator on privacy, network risk, technology E&O and product development topics.

Subrogation
Moderator: Erick J. Kirker, Cozen O'Connor
Erick J. Kirker is a member in the Subrogation & Recovery Practice Group of Cozen O’Connor’s Philadelphia office. He has a diverse litigation practice history that also includes the representation of personal injury clients, product manufacturers, and building contractors and developers. Mr. Kirker joined the firm in June, 2000. Mr. Kirker has tried cases and argued appeals in numerous state and federal courts in multiple jurisdictions. He has litigated and successfully resolved large loss property subrogation cases in numerous state and federal courts in Pennsylvania, New Jersey, Massachusetts, Maine, New Hampshire, Vermont, Connecticut, Maryland, the District of Columbia, Virginia and Ohio. His property subrogation matters have included major fire losses, building and roof collapses, water damage claims and sprinkler system failures. He has also successfully resolved numerous subrogation matters for clients using alternative dispute resolution methods, including arbitration and mediation. He has participated in the resolution of numerous million and multimillion dollar matters on behalf of clients. Mr. Kirker received his Bachelor of Arts in English, cum laude, with a minor in economics, from the University of Massachusetts at Amherst in 1995. In 1998, Mr. Kirker obtained his law degree from Temple University School of Law in Philadelphia. Mr. Kirker was a member of the Political and Civil Rights Law Review, received the Temple Law Alumni Moot Court Award for excellence in Moot Court, and he received an award for Outstanding Achievement in Oral Advocacy at the National Moot Court Competition in Washington, D.C., in 1997.

Ken Levine, Nelson Levine de Luca & Hamilton
Ken Levine assists clients with large loss property subrogation matters, helping them directly address such claims as well as from a broader institutional perspective. He also consults with many of his insurance carrier clients on their subrogation-related business practices. Mr. Levine also prosecutes and defends reinsurance and retrocessional claims in arbitrations and in courts of law. In this capacity he further counsels clients as to reinsurance arrangements, contractual drafting, coverage analysis, claim presentations and dispute resolution. Education: Temple University School of Law, J.D., 1990.

Richard Sheridan, ACE USA
Richard Sheridan is a Vice President and claims manager for the Professional and Media Liability E&O claims group within ACE North American Claims, which handles, among other areas, technology E&O and privacy-related claims. Mr. Sheridan joined ACE in 2003. From March 1997 until January 2003, Mr. Sheridan was an E&O claim director for AIG, where he both managed and directly handled E&O claims, including media and technology claims. From July 1995 until March 1997, Mr. Sheridan practiced law for the firm of Heidell, Pittoni, Murphy & Bach, where he worked on miscellaneous professional liability and medical malpractice defense cases. From October 1994 until July 1995, Mr. Sheridan was an associate for Tellerman, Paticoff & Greenberg, a law firm that provided all-purpose legal services to members of the New York City Correction Officers Union. From August 1989 until October 1994, Mr. Sheridan was an Assistant District Attorney in The Bronx, New York. Mr. Sheridan received a Juris Doctorate degree from Fordham University School of Law in 1989 and a Bachelor of Arts from the State University of New York at Albany in 1985. Mr. Sheridan is admitted to practice law in the State of New York.

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.