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Posts by: Aravind Swaminathan

Preparing for a Ransomware Attack

Ransomware is one of the rising scourges of the business world, with approximately 50% of U.S. companies reporting being hit with a ransomware attack in the past year, according to a recent study. According to the FBI, a 2016 ransomware type that uses unbreakable key-based cryptography compromised an estimated 100,000 computers a day. New ransomware variants are appearing constantly, and companies need to prepare for the possibility of being victimized by this particular type of cyber-attack. The FBI, as well as other security professionals, has recommended a widely accepted, multifaceted preparation strategy—which includes having key insurance coverage in place—that reduces risks and decreases recovery time. Please click here to read an overview of this strategy that appeared in Law360, authored by Orrick’s Darren Teshima and Aravind Swaminathan.

Fifth Circuit Decision Raises Uncertainty About Computer Fraud Coverage for Vendor-Impersonation E-mail Scam

Vendor impersonation is one of the typical varieties of “Business E-mail Compromise” (BEC) scams. In spoofing the e-mail of a trusted vendor, the fraudster persuades a company to redirect its vendor payments to a fraudulent bank account. While courts have found that commercial crime policies cover loss from BEC scams, a recent Fifth Circuit decision found no coverage for the victim of a vendor-impersonation BEC scam under the computer fraud provision of the company’s crime protection policy. Rejecting the company’s arguments that the coverage provision was ambiguous, the court held that the fraudulent e-mail was not the cause of the fraudulent transfer. Orrick attorneys Russell Cohen, Aravind Swaminathan, and Harry Moren comment on this troubling decision at our sister blog, Trust Anchor.