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Cyber Insurance Recovery: Current Trends, Claims, and Coverage

SKU: INS5900
General Credits
2
Price$100
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Description

Cyber incidents continue to evolve in frequency, sophistication, and legal complexity, creating significant challenges for attorneys advising businesses, policyholders, insurers, and other stakeholders.

This CLE program provides a practical examination of the current cyber insurance landscape, focusing on the latest developments in coverage litigation, claims handling, emerging technologies, and regulatory risks. Presented by a distinguished panel of experienced attorneys and industry professionals - the program offers diverse perspectives and practical insights drawn from real-world experience.

The program also explores the practical realities of cyber claims, from breach response and business interruption losses to forensic investigations, proof of loss requirements, and evolving market conditions. In addition, the course examines the growing legal exposure associated with AI-powered surveillance, facial recognition, behavioral biometrics, online tracking technologies, and expanding privacy laws, with an emphasis on the insurance policies that may respond to these emerging risks.

Designed for attorneys who advise clients on cyber risk, insurance coverage, commercial litigation, privacy, or regulatory compliance, this program offers practical guidance for navigating today's rapidly changing cyber insurance environment.

Lecturer Bios

Luma S. Al-Shibib, Esq.

Luma S. Al-Shibib is a shareholder in Anderson Kill’s New York office and co-chair of the firm’s Cyber Insurance Recovery Group. She focuses her practice on insurance recovery for corporate policyholders, with an emphasis on cyber liability insurance, crime insurance, directors & officers liability insurance, and other claims-made professional liability insurance.

Luma has secured hundreds of millions of dollars in recoveries for corporate clients in both litigation and prelitigation matters. She has obtained recoveries for cyber-related losses from data breaches, ransomware and phishing attacks under all-risk property and crime policies as well as cyber policies. She has also secured recoveries in both litigation and through settlement under D&O, E&O, and CGL policies.

Luma also has a background in bankruptcy and has represented clients in bankruptcy cases involving insurance claims, particularly in the context of claims under directors & officers liability insurance policies.

Luma is Co-Chair of Anderson Kill’s Diversity Committee and involved in Anderson Kill’s Women’s Network.

While in law school, Luma interned as a student law clerk for the Honorable Laura Taylor Swain, Chief District Judge of the United States District Court for the Southern District of New York.

Joshua Gold, Esq.

Joshua Gold is a shareholder in Anderson Kill's New York office and serves as chair of the Cyber Insurance Recovery Group and co-chair of the Marine Cargo Insurance Group. He has represented numerous corporate and non-profit policyholders in various industries, with recoveries for his clients well in excess of $1.5 billion.

Josh's practice involves matters ranging from international arbitration, data security, directors and officers insurance, business income/property insurance, commercial crime insurance, admiralty, cargo, and marine insurance disputes. He has been lead trial counsel in multi-party bench and jury trials, and has negotiated and crafted scores of settlement agreements including coverage-in-place agreements.

Josh won a multi-million-dollar recovery in a landmark U.S. Court of Appeals for the Sixth Circuit decision, on behalf of a retailer that suffered a data breach as a result of a computer hacking scheme. In finding coverage for the retailer's losses stemming from the breach, the Sixth Circuit rejected the insurance company's "direct loss" defense, instead applying a proximate cause standard. Because the "direct loss" defense is commonly cited in such cases, the decision is of particular importance to businesses purchasing fidelity, crime and financial institution bond coverage.

Josh is ranked by Chambers USA in Insurance Dispute Resolution: Policyholders in New York and recommend by The Legal 500 United States for Insurance - Advice to Policyholders.

Josh has a regular column in Risk Management Magazine and has been published in numerous business and legal periodicals, covering a variety of insurance, commercial and consumer issues. He has been quoted on insurance coverage issues in Forbes magazine, CFO magazine, Business Insurance, National Underwriter, Computerworld, Best’s Insurance News and various other trade and business periodicals catering to the risk management, computer, medical and technology professions. He is also an Adjunct Professor of Insurance Law at Brooklyn Law School.

Additionally, Josh is a frequent lecturer on insurance coverage issues, speaking at conferences nationwide and internationally, including conferences convened by the Risk and Insurance Management Society (RIMS), the Practicing Law Institute (PLI), the Chartered Property Casualty Underwriters Society (CPCU) and the College of Insurance, New York City.

John M. Leonard, Esq.

John Leonard is a shareholder in Anderson Kill's New York, NY office. He is Co-Chair of Anderson Kill's Financial Services Group and Biometric Liability Practice Group.

As a policyholder attorney, John has experience obtaining coverage under insurance policies relating to directors and officers liability, business interruption, general liability, environmental liability, health benefits, property damage, asbestos products, and crime losses. He has represented financial service providers, railroads, hospitals, hospitality organizations, consulting firms, municipalities, manufacturers, and retailers.

John has successfully tried, mediated, and settled cases to obtain seven- and eight-figure recoveries for clients across a broad spectrum of insurance coverage matters, including disputes over business interruption losses, D&O and E&O defense and indemnity, general liability losses. He has also recovered millions of dollars for clients in complex commercial litigation matters, including matters involving breach of contract and environmental liability.

John frequently speaks on topics such as privacy law and regulations, contract negotiation and risk transfer, and insurance considerations for financial institutions. He has been recognized by Super Lawyers as a Rising Star for Insurance Coverage since 2018, and was recommended by The Legal 500 in 2023.

Dennis J. Nolan, Esq,

Dennis J. Nolan is a shareholder with Anderson Kill’s insurance recovery group, and he co-chairs the firm’s Restaurant, Retail & Hospitality Industry Group and Marine Cargo Insurance Group. He also is a member of the firm’s Cyber Insurance Recovery Group.

Dennis guides policyholders in various businesses and industries in recovering the insurance proceeds owed them by their insurance companies. He has helped clients, such as major retailers, banks, steel companies, manufacturers, and property owners and managers, maximize their recoveries under many lines of insurance, including directors and officers, errors and omissions, general liability, ocean marine cargo, cyber, and property. He has litigated insurance coverage disputes in federal (including bankruptcy) and state courts across the country and in mediation and arbitration (both domestic and international). Dennis also has counseled clients on the financial and strategic importance of pre-litigation resolutions in the right situation. He also has advised clients regarding contractual risk transfer issues, including drafting and reviewing contracts that contain insurance provisions, to ensure the parties’ intent is properly effectuated.

Dennis writes and lectures on insurance topics, and, to help protect policyholders’ rights throughout the country, he has filed numerous amicus briefs in partnership with the non-profit advocacy group United Policyholders, including in the United States Supreme Court and various federal and state appellate courts.

Jamie O’Neill, Esq.

Jamie O’Neill is an attorney in Anderson Kill’s New York office. She focuses her practice on insurance recovery, exclusively representing policyholders, with a developing focus in artificial intelligence and emerging technology risks. Jamie serves as co-chair of Anderson Kill's Artificial Intelligence Group.

Before entering law school, Jamie earned her Bachelor of Science in Computational and Statistical Methodologies in Political Science from The Ohio State University, where she concentrated on machine learning, data visualization, and the algorithmic analysis of political systems. Her research involved developing models to analyze the formation of ideological groups and the breakdown of democratic systems in Latin and South America. This work emphasized the experiences of marginalized political communities and demonstrated how quantitative tools can reveal systemic patterns in governance and repression.

Jamie continued this focus at Fordham University School of Law, where she was named a Crowley Scholar in International Human Rights and served as a research assistant at the Leitner Center for International Law and Justice. While at Fordham, she was also the Online Editor of the Fordham Intellectual Property, Media & Entertainment Law Journal, a participant in the Mediation Clinic, and a mentor through the school’s International Student Program.

Since joining Anderson Kill as a summer associate, Jamie has written extensively on the legal and insurance implications of artificial intelligence. Her work explores how emerging technologies are reshaping risk allocation, claims handling, and policy interpretation.

She co-authored “A Primer on AI’s Technical Foundations, Legal Implications, and Insurance Coverage” for LexisNexis - Lexis’s first insurance-focused generative AI publication - written in collaboration with a technical expert in the field. The primer offers foundational guidance for attorneys and risk professionals navigating the evolving legal and liability landscape surrounding AI.

Difie M. Osborne, Esq.

Difie Osborne is a shareholder in Anderson Kill’s New York office and Chair of the firm’s Pro Bono Committee. She is a member of the firm’s Corporate and Commercial Litigation and Insurance Recovery practice groups.

Difie handles a wide range of high stakes civil matters in federal and state courts for individuals, corporate clients, and nonprofits. Recent matters include contract disputes, corporate disputes, partnership disputes, insurance matters and class action litigation. She is experienced in all stages of litigation, including pre-complaint settlement negotiations, and has successfully resolved numerous matters through mediation, arbitration, and motion practice.

Difie’s clients include companies in the retail and hospitality industries. Additionally, she has successfully counseled business owners and not-for-profit corporations on their rights related to internal disputes and judicial dissolutions under New York’s Limited Liability Company Law and Not-for Profit Corporation Law.

Difie was named Chair of Anderson Kill Pro Bono Committee in fall 2023. She is currently working to organize the firm’s pro bono portfolio and stimulate new initiatives.

Prior to joining Anderson Kill, Difie worked in private practice, where she handled a variety of civil litigation matters for clients in the transportation and construction industries, as well as class actions. She began her career as a postgraduate legal fellow with the Federal Communications Commission.

Eric B. Gyasi, Esq.

Eric B. Gyasi strategically guides clients to address cybersecurity enterprise risks and proactively implement cybersecurity governance frameworks. He advises clients on compliance with complex state, federal and sector-specific cybersecurity regulatory requirements in a risk-informed manner. A strategic thinker valued for his business-minded judgment, Eric advises boards of directors regarding the duty of oversight related to cybersecurity governance. With both his crisis communications experience and his digital forensics background, Eric is uniquely qualified to help clients navigate the legal and business risks at the intersection of incident response and regulatory enforcement.

Eric shepherds clients through cybersecurity incidents, including network breaches, ransomware attacks, wire transfer fraud, business email compromises, financial crimes, corporate espionage and state-sponsored critical infrastructure intrusions. He leads incident response investigations; develops tailored cyber incident response strategies; prepares regulatory, government and shareholder disclosures; and crafts crisis communication strategies.

Kevin O'Toole

Kevin O'Toole is a Senior Managing Director at Ankura, based in Dallas. He is a forensic accountant with extensive experience in the measurement and preparation of losses, including business interruption, property damage, cyber breaches, product recall, product liability, and fidelity claims.

His work spans business interruption values and exposure assessments, lost profits claims, litigation support, and expert witness services across industries including airline and air transportation, oil and gas, pulp and paper, steel, petrochemical, hospitality, agribusiness, mining, utilities, healthcare, pharmaceutical, and manufacturing.

Kevin has also served as an umpire, appraiser, and expert witness on matters in the United States and England. He joined Ankura in 2018 with the firm's acquisition of the disputes, forensics & legal technology segment of Navigant.

Shiraz Saeed

Shiraz Saeed is Senior Vice President – Product Leader – Cyber & Technology Risk for ARC Excess & Surplus. He is responsible for product development and for providing strategic guidance on risk assessment, market selection, policy wordings, and claims advocacy for ARC's brokers and clients.

Shiraz joined ARC in 2024 with 15 years' experience in the Cyber & Technology Risk industry. He began as an underwriter in AIG's professional liability division before joining its Cyber Risk product team, then served as National Practice Leader for Cyber Risk at Starr Global Insurance and, most recently, as Vice President – Product Leader – Cyber & Technology Risk at Arch Insurance Group.

He holds a B.A. in Finance from Hofstra University and an MBA in Strategic Management from Pace University's Lubin School of Business.

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