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Maximizing Your Insurance Coverage for Data Privacy Liability

July 27, 2022 Blog
Policyholder Perspective

With news of massive data breaches making headlines in recent years, the handling of personal data has become a focus for legislators and regulators around the world. Compliance with data privacy regulations such as the European Union's General Data Protection Regulation (GDPR) and the California Privacy Rights Act (CPRA) promises to be one of the major challenges for businesses going forward as violations of these regulations present the risk of substantial fines or penalties. 

In order to manage that potential liability, businesses have looked to cyber insurance. However, even when cyber insurance policies expressly state that they cover fines and penalties, whether or not they actually do so depends on whether fines and penalties are ‘insurable’ under the law that governs that coverage. Some jurisdictions prohibit insurance for fines and penalties as against public policy, and if the law of such a jurisdiction is deemed to govern, then even a policy that expressly promises to provide coverage may not protect the insured. Read the full blog post here.

Firm Highlights

Publication

Fire Preparedness for Vineyards and Wineries

Winter, spring, summer, fire season, and fall – as Californians, we have all become accustomed to a fifth season – fire season. Even worse, fire season was once confined to just a few months...

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Publication

Nonprofit Basics: Insurance Coverage for the New Nonprofit

Welcome to EO Radio Show – Your Nonprofit Legal Resource . Risk management for a nonprofit starts with good governance, effective management and appropriate policies for employment practices, conflicts of interest and financial management...

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Publication

More Stringent California Claim Law Could Benefit Policyholders

To combat a perceived litigation tactic by plaintiffs counsel of using settlement demands within policy limits to set up insurers for bad faith, insurance company associations lobbied for statutory clarification to avoid uncertainty around...

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News

Farella Braun + Martel Earns 2023 U.S. News – Best Lawyers® "Best Law Firms" Rankings

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Publication

Using Multi-Factor Authentication as a Prerequisite to Cyber Liability Coverage

Multi-factor authentication (MFA) is more than an annoying popup or text message when logging onto a company’s website or platform. Not only is using MFA a sound security practice and good business, it is frequently...

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Event

The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions

Join Carly Alameda and Amy Briggs in the discussion on "The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions" to the ACC Bay Area Chapter. Corporate counsel are often tasked with negotiating...

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Publication

A Promise To Pay Is Just That: Two Courts Reject Insurers’ Bids To Escape Their Coverage Obligations by Complaining About Third Party Recoveries or Reductions in Liabilities

An insurer in Washington could not eliminate its coverage obligation based on its insured’s recovery from a third party.  T-Mobile USA, Inc. v. Steadfast Ins. Co., et al ., No. 82704-9-I, 2022 WL 17246715...

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Event

The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions

Join Carly Alameda and Amy Briggs in the discussion on "The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions" to the ACC Bay Area Chapter. Corporate counsel are often tasked with negotiating...

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Event

Insurance 101 for Non-Insurance Attorneys

Jennifer Bentley and Patrick Loi are speakers at the Bar Association of San Francisco's MCLE program "Insurance 101 for Non-Insurance Attorneys." Session Overview: A primer for non-insurance lawyers on common insurance terminology, insurance products, exclusions, and pitfalls. Topics...

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News

Farella Braun + Martel Recognized in Benchmark Litigation 2023

Farella Braun + Martel continues to be ranked among the top litigation firms in California in the  Benchmark Litigation  2023 guide. Farella was ranked “Highly Recommended” for Dispute Resolution in California and earned a...

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