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Cyber Losses

Customers, suppliers, employees and shareholders are all at risk when cyber loss happens. Crucial data and information falling into the wrong hands can cause irrevocable damage. Our Cyber Risk Team knows that claims for data system breaches are complex and require quick action. We stand ready to counsel insurers and insureds on how to respond to such attacks and defend insureds who have been the victims of cyber breaches from third party claims. We closely guide our clients as they navigate this regulatory framework both before and in response to a data breach.

We work to resolve matters expeditiously

We involve the necessary experts to investigate the event properly; and insure compliance with legal requirements. Our team can also lead the investigation, so that information flows through a lawyer, thereby preserving all necessary privileges. Butler’s Cyber Risk Team works closely with government regulators, who often initiate their own investigation into such events.

Our cyber lawyers are trained to serve as defense counsel in data breach litigation. We always look to identify, cost-effective solutions to resolve matters early, whenever possible. However, if a quick, cost-effective resolution is not possible, our cyber lawyers are well prepared to efficiently resolve your case through trial.

In addition to managing the response to a data breach, our Cyber Risk Team has provided drafting advice and language review to carriers developing their own “cyber risk” policies and coverage advice concerning the application of the language of existing policies. They also provide proactive, advanced training to our clients, so they can avoid a data breach, and also know how to properly respond to a breach if one occurs.

Our proactive approach

Reviewing our clients’ current policies and procedures relating to the storage and protection of personal information;
Identifying the federal and state laws that might be triggered in the event of a breach;
Reviewing vendor contracts (focusing on liability limitations and additional insured language) relating to the storage and protection of data;
And teaching clients how to process a swift response to a breach.

Butler’s Cyber Risk Team is ready to assist you and your insureds.

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Jul 13, 2017 | By John Garaffa, K. Clark Schirle

On June 27, 2017, the world had its second major ransomware attack in two months, and experts are predicting more to come. The first, named…

Blog Posts | Judge: No Data Breach Negligence In PA

Jun 12, 2015

A trial judge in Pennsylvania recently dismissed a class-action suit by more than 60,000 health system employees against their employer for theft of confidential information,…

eALERTS, News | Threat of Future Harm as a result of a Cyber Breach May be Sufficient to Confer Standing

Oct 22, 2014 | By Matthew Peaire, John Garaffa

The U.S. District Court for the Northern District of California has ruled that the threat of future harm alleged in a class action complaint is…

eALERTS, News | Florida’s New Statute Governing Data Security: Duties And Penalties For Commercial Entities That Acquire, Maintain, Store, Or Use Personal Information

Jul 01, 2014

Effective July 1, 2014, Florida enacted what some have described as one of the country’s most detailed and comprehensive statutes governing the duties of commercial…

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Cyber Losses