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
"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 FBI, law enforcement are cautious about what...
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

Thomson Reuters v. Ross Intelligence: AI Copyright Law and Fair Use on Trial

On Sept. 25, 2023, Judge Stephanos Bibas (sitting by designation in the District of Delaware), determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate...

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Publication

California Appeals Court Empowers Privacy Agency to Immediately Enforce CCPA Regulations

In  California Privacy Protection Agency et al. v. The Superior Court of Sacramento County  (case number C099130), the Third Appellate District of the California Court of Appeal returned authority to the California Privacy Protection...

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Publication

California AI Proposal Rethinks Consumer Scope and Recordkeeping

The California Privacy Protection Agency will revisit its  draft  regulations for automated decision-making technology on March 8, including use of artificial intelligence to process personal information. Comment periods should be coming soon in 2024...

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Publication

Enforcement of CPRA Regulations Delayed

Shortly before the California Privacy Right Act (CPRA) modifications to the California Consumer Privacy Act (CCPA) were set to become enforceable on July 1, 2023, a Sacramento Superior Court judge issued a ruling on...

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Publication

Nonprofits’ Use of Artificial Intelligence Systems: Intellectual Property and Data Privacy Concerns

In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective...

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Publication

It Wasn’t Me, It Was the AI: Intellectual Property and Data Privacy Concerns With Nonprofits’ Use of Artificial Intelligence Systems

In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective...

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Publication

Top 5 Privacy Cases To Watch, From Chatbots to Geolocation

Litigation — and threats of litigation — related to privacy law violations have been on the rise recently. While some judges have pushed back on the theories set forth by plaintiffs, new privacy lawsuits...

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Publication

Court Reinstates CPPA Enforcement Authority and Confirms No Delay Necessary for Enforcement of Future CCPA Regulations

A recent appellate decision has made clear that the regulations promulgated under California’s groundbreaking consumer privacy law, the California Consumer Privacy Act (CCPA, as amended by the California Privacy Rights Act (CPRA)), are ripe...

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Publication

BIPA Liability: Existing CGL Coverage May Provide a Lifeline for Policyholders

Developments in the law have increased the potential liability that companies could face under the Illinois Biometric Information Privacy Act (BIPA), but fortunately for policyholders, Illinois case law has also solidified coverage for BIPA...

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Publication

California Proposes New AI & Automated Decision-Making Technology Regulations

The California Privacy Protection Agency (CPPA) released its draft  regulatory framework for automated decision-making technology (ADMT) on November 27. These regulations are a preview of what new requirements may look like for companies currently...

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