BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Insurance

Date & Time
  • event Date

    Tuesday, September 15, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will address the insurance coverage issues raised by General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and the growing list of state privacy statutes. The panel will provide practical guidance for insurance counsel on the new rights, obligations, and remedies under CCPA and GDPR, and innovative ways to use insurance to protect client interests.

Faculty

Jennifer C. Everett
Miscellaneous

Ms. Everett's practice focuses on cybersecurity, data privacy, and employment. She advises multinational clients on a wide range of privacy and data compliance issues, including cyber governance, identifying strategies for international data transfers, developing global data protection compliance programs, and conducting privacy impact assessments. Ms. Everett has particular experience in advising companies on compliance with global data protection laws, including the EU General Data Protection Regulation. She also advises clients on compliance with various U.S. laws and consumer privacy statutes. Ms. Everett handles all aspects of U.S. and international data breach investigation and response, including advising clients on forensic investigations, notification and other legal obligations, and related regulatory investigations.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Fred E. Karlinsky
Co-Chair, Insurance Regulatory & Transactions Practice
Greenberg Traurig LLP

Mr. Karlinsky has more than 25 years of experience representing the interests of insurers, reinsurers and a wide variety of other insurance-related entities on their regulatory, transactional, corporate and governmental affairs matters. Mr. Karlinsky is a recognized authority on national insurance regulatory and compliance issues and has taken a leadership position in many insurance trade organizations, has led many industry-driven legislative and regulatory initiatives, and is a sought after thought leader who has spoken and presented to insurance executives and governmental officials, both nationally and internationally.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Brian D. McDonald
Partner
Jones Day

Mr. McDonald is an Insurance Recovery partner in Jones Day's San Francisco office. He has counseled policyholder clients in numerous major coverage actions and has helped clients secure hundreds of millions of dollars in insurance recoveries for extraordinary losses. Mr. McDonald also advises clients on the design, negotiation and purchase of insurance programs. He represents and counsels policyholders relating to a broad array of insurance lines, including cyberinsurance, directors and officers, commercial general liability, property and business interruption, errors and omissions, environmental and umbrella/excess insurance.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

When it took effect on Jan. 1, 2020, the California Consumer Privacy Act (CCPA) with enforcement to begin July 1, 2020, was arguably the most comprehensive privacy law in the United States. Since then, several other states have enacted privacy laws, including New York, Maryland, Massachusetts, Hawaii, and North Dakota. New York's law may now be broader than the CCPA.

Companies that fail to comply with these new privacy rules may face regulatory enforcement actions, fines, consumer litigation, and loss of customer goodwill.

Many companies are diligently working towards bringing their internal practices into compliance and obtaining insurance coverage for the new statutory exposures. Unfortunately, many of the cyber policies currently on the market may not provide adequate coverage for the latest legal risks. A few insurers have begun to address this market need by creating new products. Still, questions remain about whether insurers will cover new litigation claims under CCPA and other state privacy laws and whether fines under the European Union's General Data Protection Regulation (GDPR) are insurable.

Listen as our authoritative panel offers practical guidance on these issues for both policyholder and insurer counsel. They will address how to determine if a company is subject to the new privacy laws and the consequences of failure to comply. They will also discuss the protections offered by insurance and how policies can be modified to enhance those protections.

Outline

  1. Overview
  2. GDPR
  3. CCPA
  4. Other states
  5. Key insurance issues
  6. Strategies and practical guidance
    1. Compliance strategies
    2. Enhancing insurance coverage
  7. Conclusion

Benefits

The panel will review these and other high priority issues:

  • What are the key features of the GDPR, CCPA, and new state privacy laws?
  • What potential liabilities can companies face for noncompliance?
  • How has the insurance industry responded to the new regulations?
  • How does one determine whether a company is subject to GDPR, CCPA, or other laws?
  • What types of insurance policies are needed to cover the new statutory exposures?
  • What steps should companies and their counsel take immediately to assess the adequacy of their existing insurance programs?
  • How have other states adapted California's law in their statutes?
  • What are the most significant coverage issues that the insurance industry has left unresolved?