The shockwaves continue from the October 6, 2015 ruling of the Court of Justice of the European Union (CJEU), the European Union’s highest court, invalidating the U.S.-EU “Safe Harbor” data transfer regime in a controversy arising out of Maximillian Schrems’ complaint to the Irish Data Protection Commissioner. The Schrems decision obviously has huge privacy implications for companies that transferred data under the Safe Harbor regime, but it may also impact such companies’ cyber insurance.
Russell represents clients in company-critical antitrust and unfair competition matters, particularly in the technology sector. He has extensive experience litigating some of the most challenging and topical issues, including multi-sided platform pricing and strategy; software interoperability and the duty to disclose interface information; duty to deal claims; the IP-antitrust interface; and employee non-compete and other mobility-restricting arrangements. He has represented clients in direct and indirect purchaser antitrust class actions, unfair competition cases and competitor suits in state and federal court, as well as in arbitration and international forums.
Russell also represents clients in other complex business disputes, including venture capital investor disputes, insurance recovery for financial, property and other losses, and other commercial matters in federal and state court, and in arbitration proceedings.
Russell also works with clients on data-breach response efforts, including utilizing cyber insurance as part of a coordinated, comprehensive strategy for managing and recovering from data breaches.
Russell is committed to pro bono legal work and community service. He was counsel in the successful Alien Tort Statute case against one of the assassins of Archbishop Oscar Romero, who was murdered in El Salvador in 1980. He is currently representing a parent and child separated at the Southern border, has represented former Guantanamo detainees pursuing damages for torture and unlawful detention, and was amicus counsel for a group of Canadian and international human rights organizations and scholars in the U.S. Supreme Court in Arar v. Ashcroft.
Posts by: Russell Cohen
Cyber criminals posing as company executives have successfully made off with millions from company coffers by tricking company employees into sending them the cash. Insurers are increasingly taking the position that this type of fraud is not covered under cybercrime policies.
The data breach earlier this month that potentially exposed information about millions of federal government employees is yet another reminder that any organization that maintains data is at risk of being hacked. And rest assured that if you get hacked, you will incur substantial costs as a result, including substantial notice and related costs and potentially massive third-party liability claims.
We have written extensively about so-called “cyber” insurance, including how cyber insurance is neither comprehensive nor standardized. As a result, when you are shopping for your first (or next) cyber policy it is important to understand what types of coverages, exclusions and conditions are in the market. Making a well-informed purchase starts with knowing your options.
There are too many differences between cyber policies to cover in one blog post, and the market, still in its youth, is rapidly evolving. But here is a list of five important things—in no particular order—to consider when you’re in the market for cyber insurance: READ MORE
As many companies are considering purchasing cyber insurance, they often wonder: “Will my insurer be there when I have a data breach?” Cyber insurers have generally been good in paying claims. But the recent lawsuit featured in this Orrick Client Alert demonstrates that as the landscape evolves, insurers may refuse to cover breach costs by arguing that insureds failed to meet “minimum requirements” for cybersecurity. Tending to cybersecurity policies and procedures before breaches occur is more important than ever. For more insight on how to avoid facing the loss of cyber insurance coverage just when you need it most, keep reading.
Large scale cyber-attacks and data breaches are, regrettably, a daily occurrence in today’s world. Countless companies – including some of the world’s largest – already have been victims of cyber-attacks, countless others will be victims in the future, and others already are victims but simply do not know it yet. By now, many companies purchase specialized insurance that covers many of the types of costs that the company may incur in the aftermath of a cyber-attack. But these policies do not provide coverage for every consequence of a cyber-attack, and that reality may hit home for makers or users of smart devices in an expensive way. This is a cautionary tale for participants in the Internet of Things. READ MORE