Computer technology has generated new types of risks and damages.  New insurance products have emerged to cover these exposures. Members of Wilson Elser's technology practice, headed by Lori S. Nugent and Josh M. Kantrow, were involved in drafting one of the first insurance policies designed to cover risks stemming from computer technology, more than a decade ago. 

Just as traditional insurance policies did not adequately address the unique risks and damages generated by computer technology, traditional claim handling methods are not effective in addressing new risks such as privacy statute violations, data misuse, identity theft, and violation of intellectual property rights via the internet.  With over a decade of experience, members of Wilson Elser's technology practice have developed methods that work in handling claims and containing exposures generated by computer technology.   Our team successfully has contained numerous technology claims involving a variety of issues, including violation of privacy statutes, patent infringement, theft of trade secrets, damages caused by software failure, data misuse and data theft. 

We regularly advise insurers in development and refinement of insurance policies that cover cyber risks.    In addition to addressing coverage issues, we frequently work with in-house counsel and IT staff to contain technology-generated losses.  We also work collaboratively with insureds in defending litigation.  Our containment work is wide ranging, including work with in-house IT staff and outside consultants in a variety of capacities.  Our work also includes limiting the scope of a data intrusion, facilitating negotiated resolution of complex disputes, supplementing existing trial teams to address technology and other issues, and serving as lead counsel in litigation in state and federal courts in a variety of jurisdictions. 

Wilson Elser is committed to keeping clients abreast of the latest developments in the area of cyber risk insurance.  Being at the forefront of this field, members of our team co-authored the first treatise devoted to technology risks, entitled @Risk:  Internet and E-Commerce Insurance and Reinsurance Legal Issues (Reactions Publishing Group, 2000), as well as its second edition published in 2002.  We regularly speak and publish in the technology insurance field, including our recent presentations "Lessons Learned from Claims Made Under Cyber Risk Policies" and "Negotiating and Drafting Cyber Risk Provisions and Policies - Post-Conference Workshop" at American Conference International's 2nd Annual Advanced Forum on Cyber Risk Insurance.