News

November 4, 2020 Media Coverage
Prop. 24 Passes: What Companies Need To Know About the New Privacy Law
San Francisco Business Times
Nate Garhart spoke to the San Francisco Business Times on the steps companies can take to prepare for the California Privacy Rights Act (CPRA). He noted that if the CPRA applies to your business, then you will need to make arrangements...
May 15, 2020 Media Coverage
Cyber Insurance Demand Heats Up As COVID-19 Hacks Rise
Tyler Gerking spoke to Law360 for the article "Cyber Insurance Demand Heats Up As COVID-19 Hacks Rise." As far as insurance coverage being available for fines and penalties that arise out of privacy and data security laws such as the California Consumer Privacy Act, Tyler...
April 13, 2020 Media Coverage
In Novel Case, Insurer Sues Own Law Firm After Data Breach
Law360
Tyler Gerking was quoted in the Law360 article "In Novel Case, Insurer Sues Own Law Firm After Data Breach." In the article Tyler said, "This case shows some of the hazards that all companies face when they choose to not...
January 9, 2020 Media Coverage
Threat of Cyberattack by Iran Still Critical, Experts Say
The Wall Street Journal
Insurance Recovery Partner Tyler Gerking commented in  The Wall Street Journal article "Threat of Cyberattack by Iran Still Critical, Experts Say." In the article, Tyler said that such direct actions by a nation-state against U.S. companies could provide another...
January 2, 2020 Media Coverage
California’s New Privacy Law Draws Attention From Nonprofits
Chronicle of Philanthropy
Nate Garhart was quoted in "California's New Privacy Law Draws Attention From Nonprofits" in the Chronicle of Philanthropy . In the article, Nate advises nonprofits to get out ahead of any forthcoming privacy regulations by taking stock of the...
January 18, 2019 Media Coverage
Mondelez's $100M Fight With Zurich May Curb Hack Coverage
Law360
Law360 January 18, 2019 "Mondelez's $100M Fight With Zurich May Curb Hack Coverage" Insurance Recovery Partner Tyler Gerking commented on Mondelez International Inc.'s fight with Zurich American Insurance Co. over coverage for $100 million in losses it suffered in...
October 11, 2018 Media Coverage
4 Important Insurance Decisions You May Have Missed
Law360 October 11, 2018 "4 Important Insurance Decisions You May Have Missed" Tyler Gerking commented on the St. Paul Fire & Marine Insurance Co. v. Rosen Millennium decision. In the article Mr. Gerking said the order represents a judicial trend of...
April 20, 2018 Media Coverage
4 Tips for Companies to Shield Against Phishing Scams
Law360 April 20, 2018 "4 Tips for Companies to Shield Against Phishing Scams" Insurance recovery partner Tyler Gerking commented on questions some insurers are asking on social engineering coverage applications related to whether a prospective policyholder has any verification procedures in...
February 9, 2018 Media Coverage
Apple, Cisco Venture Could Fuel Cyberinsurance Market Surge
Law360 February 9, 2018 "Apple, Cisco Venture Could Fuel Cyberinsurance Market Surge" Tyler Gerking, Farella Insurance Recovery Group chair, provided some thoughts in the article on possible coverage issues policyholders should consider.  In the article, he noted that it...
October 27, 2016 Media Coverage
Beazley Report Shows Need for Broad Ransomware Coverage
Law360 October 27, 2016 "Beazley Report Shows Need for Broad Ransomware Coverage" Insurance recovery partner Tyler Gerking commented on "act of war" or terrorism exclusions contained in many cyber policies. According to the article, the exclusions are another potential...
October 14, 2016 Media Coverage
One-Stop Shop Cyberinsurance Opens Doors For Small Cos.
Law360 October 14, 2016 "One-Stop Shop Cyberinsurance Opens Doors For Small Cos." Privacy and Cybersecurity co-chair Tyler Gerking comments on newly available cyberinsurance policies packaged with risk monitoring programs.  In the article, Mr. Gerking commented, "Smaller businesses are far more at...
October 10, 2016 Media Coverage
Marin Hospital District Silent After Ransomware Attack
North Bay Business Journal October 10, 2016 "Marin Hospital District Silent After Ransomware Attack" Tony Schoenberg, co-chair of Farella's Privacy and Cybersecurity Group, comments on the Marin Healthcare District's ransomware attack.  Mr. Schoenberg said, "If they reported it to the...
September 2, 2016 Media Coverage
3 Tips for Manufacturers to Insure the Internet of Things
Law360 September 2, 2016 "3 Tips for Manufacturers to Insure the Internet of Things" In this article, Tyler Gerking comments on insurers modifying "traditional" liability insurance policies and policies specifically tailored to cyber-related risks in response to the evolving...
June 21, 2016 Announcement
Farella Braun + Martel Launches Privacy and Cybersecurity Group
Farella recently launched a multi-disciplinary Privacy and Cybersecurity Group representing clients in data security breaches and other cyber-related matters.  We have represented clients in suspected data security breaches and are well-versed in the law, data security concerns and compliance...
June 8, 2016 Media Coverage
PF Chang's Loss Highlights Common Holes In Cyber Coverage
Law360 June 8, 2016 "PF Chang's Loss Highlights Common Holes In Cyber Coverage" In the article, insurance recovery partner Tyler Gerking commented that policyholders should understand their third-party vendor and service provider relationships and look at the proposed policy...
April 11, 2016 Media Coverage
Insurers Face Cyber Coverage Setback In 4th Circ. Ruling
Law360 April 11, 2016 "Insurers Face Cyber Coverage Setback In 4th Circ. Ruling" Farella Insurance Recovery Partner Tyler Gerking commented on the Fourth Circuit ruling in Travelers Indemnity Co. of America v. Portal Healthcare Solutions LLC.  The court held...
March 23, 2016 Media Coverage
4th Circ. Weighs Cyber Coverage Under Traditional Insurance
Law360 March 23, 2016 “4th Circ. Weighs Cyber Coverage Under Traditional Insurance”   Farella Braun + Martel Insurance Recovery Partner Tyler Gerking offered his thoughts on cyber coverage and the case Travelers Indemnity Co. of America v. Portal Healthcare...
September 28, 2015 Media Coverage
As Data Breaches Grow, So Does Cyber Liability Insurance
Farella partner Tyler Gerking was quoted in the North Bay Business Journal regarding considerations businesses must take when faced with data breaches and cyber liability insurance. Read the article: Winery, vineyard cyber attack risk grows with web-connected systems
July 13, 2015 Media Coverage
4 Insurance Takeaways From Lloyd's Cyberattack Report
Law360 July 13, 2015 "4 Insurance Takeaways From Lloyd's Cyberattack Report" Insurance market Lloyd's of London co-wrote a report predicting that a major cyberattack on the East Coast could trigger $70 billion in insurance claims, highlighting potentially glaring deficiencies...
May 18, 2015 Media Coverage
Unusual IBM Breach Could Make Coverage Ruling an Outlier
Law360 May 18, 2015 "Unusual IBM Breach Could Make Coverage Ruling an Outlier" Insurance Recovery Partner Tyler Gerking commented on the Connecticut Supreme Court's ruling that an IBM Corp. contractor isn't insured for $6 million in losses stemming from...
April 3, 2013 Media Coverage
5 Tips For Scoring Data Breach Coverage
Law360 April 2, 2013 "5 Tips For Scoring Data Breach Coverage" Farella Braun + Martel's partner, Tyler Gerking, was quoted on tips for obtaining data breach coverage.

Firm Highlights

Publication

PSDcast – Is Energy Companies' Customer Data a Trade Secret?

We often focus on the privacy issues involved in data collection – and they are critically important – while neglecting the idea of data as a tangible and valuable resource (and how to protect...

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Publication

Proposition 24: California’s Ever-Evolving Privacy Landscape

Next Tuesday is election day, and this year, California voters are deciding whether to support another statewide privacy initiative – the California Privacy Rights Act (CPRA) (Proposition 24).  This measure would expand on the...

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Publication

Undergoing Bankruptcy Proceedings? Here’s How to Make Sure PII Maintains Its Value

Due to the COVID-19 pandemic, some businesses are considering potential liquidation or restructuring through bankruptcy. Companies in this situation should keep privacy concerns in mind, because the handling of personal data in bankruptcy proceedings...

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Publication

Cyber Insurance for the Cannabis Industry

Farella's Shanti Eagle (moderator), Nate Garhart and Tyler Gerking, along with guest speakers Javier Gonzalez and Michael Peters from PL Risk Advisors, discuss "Cyber Insurance for the Cannabis Industry." Cannabis businesses have cyber security...

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Publication

Top 10 Practical Business Implications Arising From the Passage of the CPRA

California’s Proposition 24 passed as expected, and the new California Privacy Rights Act will change the privacy landscape created by the California Consumer Protection Act (CCPA), which went into effect only months ago. While...

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Publication

Electric Fence: Protecting Proprietary Rights in Collected Energy Data

Like companies in other industries, a growing number of modern energy-related companies are focusing their efforts on data collection and analysis. For example, Enphase – an energy technology company – regularly tracks data about how...

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Publication

How to Guard Against 3 Cannabis Cyber Attack Risks

Cyber attacks are now commonplace. Ransomware attacks, in particular, have skyrocketed in frequency and size. High-profile data breaches have cost businesses in the United States millions of dollars in losses and incalculable reputational harm...

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Publication

Arbitration Agreements in Privacy Disputes: The Wyze Decision and the CCPA

Earlier this year, a number of individuals brought a lawsuit in the United States District Court for the Western District of Washington against Washington-based company Wyze Labs, Inc (Wyze), which manufactures “smart” home cameras...

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Publication

Privacy During Bankruptcy Proceedings: Why It Matters

During these particularly trying times resulting from the COVID-19 pandemic, businesses of all sizes have been concerned about the future. As a result, considering potential liquidation or restructuring through bankruptcy is inevitably starting to...

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