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Insuring Against Cyber Crime

BY W. Brian Ahern
March 28, 2011

Cyber liability is increasingly important for law firms and lawyers. Technology has created new issues concerning breaches of privacy, security and more that can severely affect a law practice. Approximately 10 million victims a year are affected by a breach of privacy. Forty-six states have enacted data breach notification legislation, and federal law includes host data security requirements. Stolen laptops or other data-bearing devices rank the highest in terms of risk and provide access to your technology systems and confidential information.

A breach can be costly. Lost billable time can be extensive. Costs to restore damaged/destroyed data can be exorbitant. It takes approximately 175 hours to resolve the issue when a breach occurs. With the estimated cost to rebuild records at $202 per record, law firms can accrue significant fees.

While the risks are great, insurance litigators are in agreement that law firms have been “slow” to purchase cyber insurance. Many firms assume coverage will be offered by their directors and officers, errors and omissions, or commercial liability policies. However, in many cases, such coverage is not adequate. After examining their existing policies and applicable exclusions, many law firms find that there are a number of potential fact patterns and claim scenarios typically not covered by existing policies, including computer hacking, lost laptops and backup tapes, stolen computer equipment, transmission of a computer virus, state and federal fines (e.g., HIPAA and new red flag rules), and costs associated with state privacy notification laws.

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