LARIMS | Los Angeles Risk Insurance Management Society

Event Registration

"Insurance Coverage for New Data Breach and Invasion of Privacy Liabilities"

When

Wednesday, January 15, 2014
Program Time:11:30 A.M.
Adjourn Time:1:30 P.M.

Cost

Registered and paid in advance:	$49
At the door registration:	$65

Venue

Beverly Garland Holiday Inn
4222 Vineland Ave.
North Hollywood, CA 91602

Guest Speaker(s):
Jerold Oshinsky, Kasowitz, Benson, Torres & Friedman LLP
Linda Kornfeld, Kasowitz, Benson, Torres & Friedman LLP

Event Details:

Jerold Oshinsky and Linda Kornfeld, partners at Kasowitz Benson Torres & Friedman LLP, are two of the nation's top ranked insurance recovery litigators, who focus their corporate policyholder practices on cutting edge insurance issues, including those stemming from recent increased regulation regarding data breach and privacy issues. Over the years, they have jointly helped their clients to recover billions of dollars in insurance assets, and write and speak frequently regarding measures companies can take to ensure that their insurance portfolios provide adequate protection for privacy and data breach exposures. Their current work also includes representing the Pennsylvania State University, as coverage counsel for the Jerry Sandusky abuse claims, which presently involves, among other work, litigating with the University's insurers over payment of the recent settlements in that matter.

2013 amendments to privacy/data breach statutes that increase corporate exposure in 2014 to class action litigation and other liabilities.
2013 decisions in California and elsewhere that increase coverage protections for data breach/privacy claims and impact on going-forward underwriting and claim strategies.
Key issues to address during data breach/privacy coverage negotiations to increase chances that new exposures resulting from changes in privacy law will be covered.
Whether coverage for privacy/data breach claims still exists under "traditional" policies (such as GL, D&O, E&O) and the arguments in favor coverage under these policies and how the case law has developed on this issue.
Are data breach/privacy statutory "per violation" damages/fines covered? How to protect coverage for this potential multi million dollar exposure.
What are the major deficiencies in the new data breach/privacy coverage policy forms?

Jerold Oshinsky and Linda Kornfeld are both partners at Kasowitz Benson Torres & Friedman LLP. They have been awarded many national awards over thirty years of experience litigating insurance recovery cases. They are currently representing Pennsylvania State University in litigation of the $60 Million claims coverage issues raised by the 26 victims in the Sandusky case, as well as Duke University in a highly publicized case involving discredited claims of rape made against lacrosse players.

Speaker(s):

Jerold Oshinsky
Kasowitz, Benson, Torres & Friedman LLP
Jerold Oshinsky has more than thirty years of experience litigating insurance recovery cases in federal and state courts throughout the country on behalf of a variety of Fortune 500 companies and others in the chemical, pharmaceutical, financial, food, education and health industries. Chambers USA describes him as "the foremost practitioner at the policyholder Bar," designating him as the only lawyer to be accorded "Star" ranking in its national insurance category for three consecutive years. Additionally, in 2013 Mr. Oshinsky was the sole honoree of the prestigious Chambers "Lifetime Achievement Award."

Mr. Oshinsky litigates some of the most significant, complex insurance coverage issues in the country, applying theories which he developed that have guided insurance recovery law since its inception. He also advises clients about how to maximize their insurance assets. In addition, he is frequently selected as a party-appointed arbitrator in complex insurance coverage disputes. Recently, he has been focusing on issues relating to cyber liability, intellectual property, antitrust and sexual abuse claims, as well as natural disaster cases related to earthquakes and events such as Hurricane Katrina and Superstorm Sandy.

In 2013, Chambers USA included Mr. Oshinsky in its top tier "Band 1" ranking in California in the Insurance: Policyholder category. Legal 500 recognized Mr. Oshinsky in 2011 as one of 13 "Leading Lawyers" nationally in its "Insurance: Advice to Policyholders" category. He was one of Law360's "10 Most Admired Attorneys" in 2010 and is regularly cited in Best Lawyers, Super Lawyers, and the Lawdragon 500 Leading Lawyers in America. Additionally, Mr. Oshinsky has been recognized as a leader in his field by the International Who's Who of Insurance and Reinsurance Lawyers every year since 2010. In 2012, he was selected as a Leading Expert in Insurance and Reinsurance by Legal Media Group: Expert Guides.

In addition to his insurance practice, Mr. Oshinsky actively represents clients in pro bono matters and has acted as lead counsel in numerous pro bono immigration appeals. He also frequently lectures and publishes on a wide variety of insurance law topics, and serves as an expert witness in insurance coverage litigation matters. His recent speaking engagements and publications are mentioned herein.

Linda Kornfeld
Kasowitz, Benson, Torres & Friedman LLP
From representing clients in headline-grabbing cases to defining new law benefitting the financial bottom line of corporate policyholders, Linda D. Kornfeld, the Managing Partner of the firm's Los Angeles office, has dedicated her trial and appellate practice to representing companies in high-stakes insurance coverage litigation for over 20 years. She has assisted her clients in the recovery of hundreds of millions of dollars in insurance assets in a variety of complex insurance matters through settlements and trial. Ms. Kornfeld's clients range from telecommunications companies, universities, and real estate developers to manufacturers and nonprofit organizations. She also provides strategic counseling to senior executives and in-house counsel on how to mitigate risk and maximize their insurance recoveries.

Her experience includes claims involving data breach and privacy issues; directors' and officers' liability; business interruption and extra expense; employee fidelity; professional errors and omissions; employment; entertainment industry liabilities; intellectual property infringements; construction defects; and asbestos, environmental, and product liabilities.

Ms. Kornfeld is considered one of the nation's leading insurance recovery litigators by Chambers USA and is listed as one of Lawdragon's top 500 "leading lawyers" in America. She also is named as one of California's "Top 75 Women Litigators" by the Daily Journal and as a "Litigation Star" and a "Top 250 Women in Litigation" by Benchmark Litigation. Ms. Kornfeld is a frequently requested speaker, media resource, and author on complex litigation and insurance recovery issues. She is an Advisory Board Member for the Insurance Coverage Law Bulletin and recently co-authored the treatise A Policyholder's Primer on Insurance, published by the Association of Corporate Counsel.

Focused throughout her career on women's leadership and advancement in the legal and other professions, Ms. Kornfeld also frequently speaks and writes on women's issues and serves as a West Coast leader of the Women's Leadership and Mentoring Alliance.