WHERE CYBER RISK AND D&O LIABILITY CONVERGE: A federal lawsuit brought against board members and executives of an e-Commerce company alleges that lapses in cybersecurity led to a data breach and subsequent missteps by the company that resulted in a decline in stock price. In this episode, David discusses the allegations in the complaint, as well as the importance of marrying coverage across multiple policies to protect Directors and Officers tasked with managing Cyber risk.

NEW YORK TELLS WASHINGTON : FUHGEDDABOUDIT! Days after President Trump signed an Executive Order designed to tamp down on state efforts to enact AI legislation, lawmakers in Albany defied Washington by enacting a new law with stringent notification requirements and the ability to assess fines for noncompliance. In this episode, David discusses the tension between state and federal enforcement efforts and what businesses can do to navigate this challenging risk landscape.

TRUMP TRUMPS STATES ON AI. The Executive Order issued by the President last week establishes a national standard for the development of Artificial Intelligence. In this episode, David breaks down the EO and discusses why it may be good news for businesses attempting to navigate a minefield of conflicting state laws. David also explains why AI presents risks that reach beyond the four corners of your Cyber insurance policy.

"CHECK" THIS OUT: The European Commission's 120M Euro fine against a major social media platform has the makings of a geopolitical incident, but also highlights the aggressive approach to enforcement being taken by EU regulators. In this episode, David breaks down the components of that fine and discusses the importance of the right policy wording around regulatory coverage in Cyber Insurance policies.

"A GRAND EXPERIMENT INVOLVING MILLIONS OF AMERICANS." A recent Congressional hearing on the proliferation of AI chatbots in mental health raises concerns about user safety and data privacy. In this episode, David highlights the testimony of expert witnesses and discusses what healthcare organizations and other businesses can do right now to implement best practices around the responsible use of Artificial Intelligence while legislation catches up with advances in the technology.

DO YOU KNOW WHAT INFORMATION YOUR WEBSITE IS COLLECTING? In this episode, David sits down with university researcher and Cyber Insurance underwriter Daniel Woods to discuss the rise of tracking litigation -- who's driving it, what businesses can do to protect themselves, and how the insurance marketplace is responding.

GOING SOFT! In this episode, David breaks down the findings in the recent report on the state of the Cyber Insurance market from the National Association of Insurance Commissioners, and what the historically soft market means for businesses looking to expand the scope of their coverage.

COVERAGE MATTERS! In this episode, David sits down with Peter Halprin, Esq., of Haynes & Boone's Insurance Recovery Practice to discuss where disputes most commonly arise in the adjustment of Cyber claims.

LOST WITHOUT THE CLOUD! In this episode, David discusses what the AWS system outage tell us about the importance of Dependent Business Interruption coverage, and why the right contract wording could determine your avenues of recovery in the event of a loss.

ELEPHANTS NEVER FORGET, AND NEITHER DOES THE DARK WEB! A recent Federal appeals court ruling clarifies the basis by which plaintiffs in data breach litigation can establish standing to sue. In this episode, David breaks down the court's rationale for determining whether plaintiffs can establish actual harm, and explains why it's important to have the right defense arrangements in your cyber insurance policy to meet the needs of your organization.

OUTTA SIGHT! The FAA and the Transportation Security Administration have just concluded a 60-day public comment period around a proposed rule for the use of drones Beyond Visual Line of Sight of the user. In this episode, David breaks down some of the aviation industry's concerns over the new regulations, and discusses the how the right insurance coverage can address the cybersecurity and data privacy exposures associated with this new technology.

WALKING ON EGGSHELLS: A children's psychiatric facility in Connecticut is facing a potential class action lawsuit alleging that it left patient and employee data vulnerable to a cyberattack and that it delayed notification to plaintiffs and regulators about the breach. In this episode, David discusses an important doctrine in tort law that could help establish the plaintiffs establish standing to sue and magnify their damages. He also outlines steps that healthcare facilities can take to enhance their cybersecurity controls and comply with HIPAA and other data privacy laws.

DON'T WAIT UNTIL IT'S TOO LATE! The news coming out of Great Britain this week that a luxury automaker had failed to procure cyber insurance prior to sustaining a debilitating cyber attack should serve as a cautionary tale for businesses. In this episode, David outlines the benefits of the typical cyber policy and urges companies still operating without the coverage to reach out for assistance.

FRENCH FRIED! The E.U.-U.S. Data Privacy Framework has survived its first legal challenge brought by a French parliamentarian who claimed that the current arrangement fails to provide adequate safeguards for European citizens. In this episode, David explains why the current arrangement remains in limbo and how companies can ensure compliance with GDPR during this reprieve. He also discusses the importance of the right policy wording to cover claims against U.S. companies arising under this law.

TAKE ME OUT TO THE BALLGAME! A Major League Baseball team has been hit with a biometric information privacy suit, which also names a private security firm as well as their private equity backers as defendants. In this episode, David discusses the practices that landed the ballclub in hot water, as well as the challenges associated with obtaining coverage for BIPA and other wrongful collection claims in today's marketplace.

BACK TO SCHOOL! As reported by Fox News and other media outlets, a prestigious Ivy League institution has been grappling with the after effects of a data breach impacting hundreds of thousands of students, alumni, applicants, and employees. In this episode, David discusses why higher education is a prime target for hackers, and how colleges and universities can improve their cybersecurity as well as their insurability.

THE SIX MILLION DOLLAR LAWYERS! In this episode, David discusses the recent settlement in the TMX Finance data breach lawsuit, the hazards of litigation facing both plaintiffs and defendants in such cases, and how the right policy wording can make a difference in the availability of insurance coverage to defend and settle such claims.

MOVEIT LITIGATION MOVES FORWARD. In this episode, David discusses a recent ruling slimming down the massive lawsuit against an embattled software developer whose file transfer tool was the target of a 2023 cyberattack. David also breaks down the issues surrounding insurance coverage for the defense of such matters.

UNDERWRITER: HEAL THYSELF. A recent spate of high-profile cybersecurity incidents at insurance companies can leave consumers and businesses wondering how secure their data really is. In this episode, David discusses how Alliant works with its own Financial Institution clients to improve their insurability and cyber maturity.

DIRTY LAUNDRY! A leading bleach maker has sued its cybersecurity vendor following a crippling 2023 cyberattack. In this episode, David discusses what it would take for the plaintiff to pierce through any limitations of liability in the parties' contract, as well as the importance of cyber insurance as a backstop when the best vendor management practices fail.