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Roberta Anderson

Roberta Anderson

Roberta Anderson is a director at Cohen & Grigsby. She was previously a partner in the Pittsburgh office of K&L Gates. She concentrates her practice in the areas of insurance coverage litigation and counseling and emerging cybersecurity and data privacy-related issues. She has more than 15 years of experience in complex commercial litigation and alternative dispute resolution.

She has represented policyholders in connection with a broad spectrum of insurance issues and disputes arising under almost every kind of insurance coverage, including general liability, commercial property, business interruption, data privacy and “cyber”-liability, directors and officers (D&O), errors and omissions (E&O), technology E&O, professional liability, employment practices liability (EPL), political risk, environmental, fidelity, fiduciary, crime, terrorism, residual value, nuclear and other insurance coverages, and in broker liability disputes. Anderson provides strategic advice on ways to maximize the value of clients’ current and historic insurance assets.

Anderson also counsels clients on complex underwriting and risk management issues. She has unique and substantial experience in the drafting and negotiation of D&O, technology E&O, data privacy and “cyber”-liability, and other insurance coverages. She provides strategic insurance coverage advice to clients in assessing their potential risks, analyzing new insurance products, considering the adequacy of their existing insurance programs and negotiating new placements tailored to the clients’ specific risk profile. Anderson has performed insurance due diligence for clients contemplating mergers and acquisitions concerning the adequacy of the target companies’ insurance programs. She also counsels clients on risk transfer and representation and warranty insurance in connection with corporate transactions.

Anderson has served as coverage counsel in a variety of forums, including U.S. federal and state courts, ad hoc arbitration and private mediations. She has acted as special insurance counsel in reorganization proceedings in the U.S. Court of Appeal for the Fifth Circuit. Anderson also has participated in arbitrations in leading national and international situses, including London, Bermuda and New York. Anderson has significant knowledge and experience relating to the London and international insurance markets.

Publications

· Five Reasons Why The Sony Data Breach Coverage Decision Is Wrong,Insurance Coverage Alert, March 10, 2014

· 5 Reasons The Sony Data Breach Coverage Denial Is Wrong, Law360, February 28, 2014

· NIST Unveils Cybersecurity Framework, Cybersecurity and Insurance Coverage Alert, February 17, 2014

· Five Tips to Consider When Any Public Company Might be The Next Target, Cybersecurity Risk Factors Alert, February 11, 2014

· 5 Cybersecurity Considerations For Public Companies, Law360, February 10, 2014

· The Calm Before the Storm Is the Time to Consider Insurance Coverage (Part 2), The Insurance Coverage Law Bulletin, Volume 12, Number 13, February 2014

· Viruses, Trojans and Spyware, Oh My! The Yellow Brick Road to Coverage in the Land of Internet Oz – Part II, FC&S Legal, The Insurance Coverage Law Report, February 2014

· Suffer a Data Breach? Your 1st Call Should Be to… a Lawyer, Interview with computer security consultant and attorney Scott Aurnou, 27 January 2014

· Recall Decision Points Toward CGL Coverage For Data Breach, Advisen Cyber Risk Network, January 24, 2014

· Texas Supreme Court Holds “Contractual Liability” Exclusion Inapplicable, Insurance Coverage Alert, January 21, 2014

· Texas High Court Fortunately Says ‘No’ In Ewing, Law360, January 17, 2014

· Before Becoming The Next Target: Recent Case Highlights The Need To Consider Insurance For Data Breaches, Insurance Coverage Alert, January 16, 2014

· Case Highlights Reasons To Consider Data Breach Insurance, Law360, January 14, 2014

· Leading Coverage Lawyers: The Most Significant Insurance Coverage Decisions Of 2013, Coverage Opinions, Vol. 3, Issue 1, January 8, 2014

· How to Purchase Cyber Insurance, FC&S Legal, The National Underwriter Company, January 2014

· The Calm Before the Storm Is the Time to Consider Insurance Coverage (Part 1), The Insurance Coverage Law Bulletin, Volume 12, Number 12, January 2014

· Federal Insurance Office Unveils Long-Awaited Modernization Report,Insurance Coverage Alert, December 17, 2013

· TalkingPoint: Managing Risk In The Chemicals Industry, Financer Worldwide, December 2013

· Viruses, Trojans and Spyware, Oh My! The Yellow Brick Road to Coverage in the Land of Internet Oz – Part I, FC&S Legal, The Insurance Coverage Law Report, December 2013/January 2014

· Top 10 Tips For Insuring Cyber Risks, The Risk Report, International Risk Management Institute, Inc. (IRMI), Volume XXXVI, No. 4, December 2013

· Recent California Decision Upholds Data Breach Coverage, Commercial Disputes Alert, November 26, 2013

· How to Secure Data Breach Coverage, FC&S Legal, The Insurance Coverage Law Information Center, November 26, 2013

· NIST Unveils Preliminary Cybersecurity Framework, Cybersecurity Alert, November 25, 2013

· Some Traditional Insurance Policies May Cover Data Breach, Law360, November 19, 2013

· When Companies Need Cyber Insurance, Today’s General Counsel, October 25, 2013

· Cyber Insurance – Selecting the Right Policy to Identify and Mitigate Risk, TMT Law Watch Blog, October 23, 2013

· Cyber Insurance — Selecting the Right Policy, Legal Cloud Central Blog, October 25, 2013

· How to Purchase “Cyber” Insurance, Insurance Coverage Alert, October 21, 2013

· Recent California Decision Holds That Privacy / Data Breach Liability Covered Under “Traditional” Insurance Policy, Insurance Coverage Alert, October 18, 2013

· How to Purchase “Cyber” Insurance, FC&S Legal, The Insurance Coverage Law Information Center, October 17, 2013

· ISO’s Newly-Filed Data Breach Exclusions Provide Yet Another Reason To Consider “Cyber” Insurance, Law360, September 26, 2013

· Yet Another Reason To Consider Cyber Insurance, Law360, September 23, 2013

· The International Comparative Legal Guide to: International Arbitration 2013, Chapter 64: USA, published by Global Legal Group Ltd, London, 2013

· New York Appellate Court Clarifies Fidelity Bond “Direct Loss” Requirement, Insurance Coverage Alert, August 7, 2013

· Utilizing Recent Case Law to Develop Effective Products Liability Class Action Strategies, Copyright 2011 Thomson Reuters/Aspatore, July 18, 2013

· Wrap Your Head Around ISO’s Additional Insured Revisions, Law360, July 16, 2013

· Extend Cyber Insurance Coverage To The Cloud, Today’s General Counsel, July 10, 2013

· Shine a Spotlight on Cyber “Cloud” Coverage, IRMI Update, Issue 297, July 10, 2013

· Spotlight On Cyber “Cloud” Insurance Coverage, Legal Cloud Central Blog, July 1, 2013

· Wrap Your Head Around ISO’s Additional Insured Revisions, Law360,June 14, 2013

· Insurance Coverage for Cyber Attacks (Part 2), The Insurance Coverage Law Bulletin, Volume 12, Number 5, June 2013

· Determining the Scope of “Additional Insured” Coverage: Recent ISO CGL Insurance Form Revisions Merit Close Attention By Contracting Parties, Insurance Coverage Alert, 9 May 2013

· Insurance Coverage for Cyber Attacks (Part 1), The Insurance Coverage Law Bulletin, Volume 12, Number 4, May 2013

· ISO’s 2013 “Additional Insured” Endorsement Changes Merit Close Attention, Coverage, Vol. 23. No. 3, May-June 2013

· The Role of Insurance in the Land of Viruses, Trojans, and Spyware,Coverage, Volume 23, Number 1, January-February 2013

· Key Insurance Coverage Considerations in the Wake of Superstorm Sandy, The Insurance Coverage Law Bulletin, Volume 11, Number 12, January 2013

Interviews

· Quoted in “NIST Cybersecurity Framework Remains Potential Standard of Care, Lawyers Say,” Vol. 34, No. 46, Communications Daily, March 10, 2014

· Quoted in Feature Story, ”Policy language interpretation favors insurers in Sony case,” Advisen Cyber Risk Network, March 7, 2014

· Quoted in Law360 article, “Sony Coverage Denial Could Be Boon For Cyber Insurers,” February 25, 2014

· Quoted in Business Insurance article, “Insurers prepare for implementation of new cyber liability exclusions,” January 19, 2014

· Quoted in Healthcare Risk Management article, “Cyber policies a good deal, but choose carefully,” Vol. 36, No. 1, January 2014

· Quoted in Healthcare Risk Management article, “Insurer tried to say CGL offered no breach coverage,” Vol. 36, No. 1, January 2014

· Quoted in Healthcare Risk Management article, “Court says insurer liable for data breach expenses,” Vol. 36, No. 1, January 2014

· Quoted in Advisen’s Front Page News article, “Target credit card thefts a cue to review cyber coverage terms,” December 23, 2013

· Quoted in Financer Worldwide article, “TalkingPoint: Managing Risk In The Chemicals Industry,” December 2013

· Quoted in Advisen’s Front Page News article, “CGL exclusions will fuel cyber purchase trend,” November 18, 2013

Speaking Engagements

· Panelist: “Cybersecurity Threats in the Financial Sector,” March 5, 2014 (Pershing LLC, Jersey City, NJ)

· Lecturer, “Insurance Coverage for Data Breaches and Privacy Violations: Are Your Corporate Clients Truly Protected?,” Strafford CLE Webinar, February 26, 2014

· Panelist: “Who’s On First? Insurance Coverage For Mass And Class Actions” – ABA Tort Trial & Insurance Practice Section’s Insurance Coverage Litigation Committee’s Midyear Program, February 20-22, 2014 (Pheonix, AZ)

· Lecturer: “Insurance Coverage For Cyber Security Beaches: Insurance Strategies For Managing Cyber Risk,” Law Seminars International, October 25, 2013 (TeleBriefing)

· Speaker: “Cybersecurity and Privacy: Managing Threats, Risks and Protection,” October 22, 2013 (University Club, Palo Alto, CA)

· Speaker: “Insurance Coverage For Cyber Risks And Realities,” Co-Sponsored by the Association of Corporate Counsel, Western Pennsylvania Chapter and K&L Gates, September 24 ,2013 (Pittsburgh, PA)

· Speaker: “What Your Company Needs to Know about Cybersecurity,” K&L Gates Webinar, June 6, 2013 (live from Pittsburgh, PA)

· Speaker: “Additional Insured Coverage & Contractual Indemnification” – Insurance Coverage Training Series CLE, June 3, 2013 (Pittsburgh, PA)

· Speaker: “Cyber Risk And Insurance” – Insurance Coverage Training Series CLE, September 5, 2012 (Pittsburgh, PA)

Recent Articles by Roberta Anderson

5 Ransomware Ideas, or You’ll WannaCry

A massive cyberattack involving a ransomware software program called Wanna Decryptor, also known as “WannaCry,” recently swept the globe, freezing computer systems and causing major disruptions. The attack — which is the largest ransomware infestation ever — affected tens of thousands of organizations across the globe and a wide range of industry sectors, including the U.K.’s […]

5 Tips for Success in Cyber Litigation

Many insurance coverage disputes can be, should be and are settled without the need for litigation and its attendant costs and distractions. However, some disputes cannot be settled, and organizations are compelled to resort to courts or other tribunals to obtain the coverage they paid for, or, with increasing frequency, they are pulled into proceedings […]

Does CGL Cover for Data Breach?

In a highly anticipated May 26 decision, the Connecticut Supreme Court ruled that two commercial general liability (CGL) insurers, Federal Insurance and Scottsdale Insurance, are not required to cover losses in connection with the mysterious disappearance of computer tapes containing employment-related data, including the Social Security numbers, of approximately 500,000 current and former IBM employees […]

The Devil Is in the Details of Cyber

There’s a tempest amid the recent spring shower of cyber insurance cases. It isn’t the Recall Total case,[1] or the Travelers v. Federal Recovery Services case reported the week before.[2] Although those two cases have garnered a great deal of media and other attention from those seeking, and seeking to provide, guidance surrounding insurance coverage for […]

5 Takeaways From First Cyber Case

On May 11, 2015, in a case that is being widely celebrated as one of the first coverage rulings involving a “cyber” insurance policy, a federal court ruled that Travelers has no duty to defend its insured in Travelers Property Casualty Company of America, et al. v. Federal Recovery Services, Inc., et al. Although the […]

5 Steps for Covering Data Breaches

Target’s $19 million settlement with MasterCard[1] underscores very significant sources of potential exposure that often follow a data breach that involves payment cards. Retailers and other organizations that accept those cards are likely to face—in addition to a slew of claims from consumers and investors— claims from financial institutions that seek to recover losses associated […]

What to Consider When Buying Cyber

No industry or organization, wherever situated and whatever the size, is immune to the threat of cyberattack, and the impact can be catastrophic, both financially and in terms of reputation. For example, eBay recently announced a massive cyberattack that may have exposed the personal data of 128 million customers globally. The management of cyberrisk clearly needs […]

Why Buy Cyber and Privacy Liability. . .

An industry known for embracing paper and shunning change, the property and casualty insurance market struggles to keep pace with the modern business world, which is full of personally owned mobile and other portable devices, and concepts such as advanced persistent threats (APTs), the Internet of Thingsand the “cloud.” While insurance companies are known for […]

Tips For Navigating U.S. and International Data Breaches

Navigating today’s complex legal and regulatory framework surrounding data breaches can be a daunting process for even the most sophisticated organization. In the United States, there is not currently a national uniform data breach notification law. Instead, organizations experiencing a data breach face a patchwork of 47 different potentially applicable state laws to-date, in addition […]

Why Sony’s Insurers Should Be Liable in Data Breach

On Feb. 21 a New York trial court judge let Sony’s insurers, Zurich American Insurance and Mitsui Sumitomo Insurance, off the hook for Sony’s massive 2011 PlayStation data breach. That breach, in which hackers stole the personally identifiable information (PII) of PlayStation users, is one of the largest data breaches to date. The litigation turns on whether Sony […]

Cyber Challenges Under NIST's Framework

On Feb. 12, the National Institute of Standards and Technology (NIST) released its long-anticipated Framework for Improving Critical Infrastructure Cybersecurity together with a companion Roadmap for Improving Critical Infrastructure Cybersecurity.The framework is issued in accordance with President Obama’s Executive Order 13636, Improving Critical Infrastructure Cybersecurity Version 1.0., which gave NIST the task of developing a cost-effective framework “to reduce […]

Another Reason to Consider Cyber Insurance

Here a breach, there a breach, everywhere a data breach. Verizon’s most recent 2013 Data Breach Investigations Report remarks that “[p]erhaps more so than any other year, the large scale and diverse nature of data breaches and other network attacks took center stage” this year.1 And no organization is immune from a breach. The last […]

Cybersecurity: Five Tips on Disclosure Requirements

With annual reporting season underway, C-suite executives wake to another day and another data breach. Target, Michael’s, Snapchat, Facebook, Twitter, Adobe — the list goes on and on. By now, all companies should appreciate that, notwithstanding the most robust and sophisticated network security, any company is a vulnerable next “Target” for a serious cybersecurity incident. […]

How to Purchase Cyber Insurance

Cyber insurance can be an extremely valuable asset in an organization’s strategy to address and mitigate cyber security, data privacy and other risks. But selecting and negotiating the right insurance product can present a significant challenge, given, among other things, the lack of standardized policy language and the fact that many “off the shelf” policies do […]

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