In the event of a cybersecurity breach, any company with a cyber insurance policy should contact their carrier as soon as possible. One of the first steps the cyber insurance carrier will take is to hire a forensics company to investigate the breach. Digital forensics is one of the more expensive aspects of most cyber claims, with costs typically ranging from $20,000 to $50,000.
There are recognized patterns of higher risk. For example, Hurricanes and earthquakes do catastrophic damage to a specific geographic area. These natural disasters pose unique risks to insurance companies as a result of that history. If an insurance company insures at lot of this type of risk, it can face massive losses and have its financial stability threatened. For this reason, insurance companies try to avoid insuring too many homes or businesses (for this example) in an at risk area for hurricane or earthquake damage. While this helps keep insurance companies financially sound, it can make coverage harder to obtain for those who need it most.
Retirement plans are an excellent way for employers to attract and retain key employees by offering non-salary compensation. Most employers in the modern era offer some form of 401(k) or other retirement offering to their employees. These plans, though, come with many risks and regulations that employers need to pay attention to, or they could wind up costing themselves big money.
The Fair Labor Standards Act sets national standards for wage and hour issues related to employees. The law empowers the Department of Labor to set eligibility standards for overtime pay as well as a series of exemptions for it. Employees who qualify for overtime under the law receive time-and-a-half pay for hours worked more than forty hours a week. Time-and-a-half pay is a 50% increase to the employee’s “regular rate of pay.”
A trend has existed in recent decades increasing the liability of corporate directors for their failures to adequately oversee the companies they are in charge of. Directors and Officers liability insurance policies were created to address this liability trend. Directors and Officers insurance, commonly referred to as D & O insurance, is normally purchased by the corporation and indemnifies the directors, officers, and executives of the corporation from lawsuits filed alleging they acted negligently in running the company. In this sense, D & O insurance functions like malpractice insurance for CEOs and Chairmen of the Board.
Commercial general liability policies provide insurance on a per occurrence basis. What constitutes an occurrence, though, is an area of significant debate. This is an issue that constantly arises in construction cases, especially construction defect. The commercial general liability standard language defines an occurrence as an “accident . . .”. Yet courts have divided on whether faulty workmanship in the course of construction constitutes an “accident” and therefore an “occurrence” triggering coverage under a commercial general liability policy.
Wire transfer fraud claims resulting from cyber attacks have increased dramatically over recent years, and companies are losing millions of dollars in these attacks. As is common when a new business risk develops, organizations look to their insurance policies to help cover their losses. As we have shared in previous examples, the coverage is not always adequate.
The extent of coverage for a company that has been a victimized may be sparse, and the costs of any breach are ongoing. Consequences of a fraudulent wire transfer depend not just on the specific wording in the policies a business has purchased, but as seen in the following instances, also being upheld differently in different states.
What Is GDPR?
The General Data Protection Regulation or GDPR is a set of laws created with one ultimate goal: to protect the personal data of people in or from the European Union (EU). The critical point here is that the individual’s nationality or residence is irrelevant- just whether they are in or from the EU. This law has forced the hand of many businesses to adopt the regulations into their practices for data collection- most commonly seen on websites. The GDPR became effective on May 28, 2018, but many businesses are still catching up due to inertia in changing procedures and practices.
When people think of Directors and Officers Liability Insurance, they often think of massive, publicly traded multinational corporations and shareholder derivative lawsuits that allege damages in the billions of dollars. This can lead smaller, private companies to assume that such coverage does not provide them with significant benefits. Yet these policies can cover a number of different types of losses that impact small companies. All businesses should consider whether directors and officers liability coverage might help them better manage their risks.
Employment contracts can represent a large area of potential risk for modern businesses. Many companies are used to thinking of their employment practices as an area where lack of diligence can lead to massive lawsuits. Most realize that solid employment contracts can protect them from potential lawsuits by laying out clear expectations for the employer-employee relationship and through agreements to engage in methods of alternative dispute resolution. Still, the contracts, whether as a separate document or through the use of an employee handbook that serves as a binding contract, can lead to several potential landmines for the unwary.