Annual Meeting 2023 | Panel 1

Podcast & Video,
Blame the Victim?

Todd Toral, Jenner & Block

Shoba Pillay, Jenner & Block, Partner
Brian Lichter, Stroz Friedberg
Amelia Hukoveh, Okta, Senior Director, Corporate Counsel - Cybersecurity

Your company is the victim of a cybersecurity incident, but then everyone blames the company. What do you do? Responding to a cybersecurity incident involves a range of moving parts, including investigating the incident, remediating the vulnerability, and returning the business to full operations. Throughout each of these steps, the company must manage the cyber insurance coverage and prepare for the inevitable litigation. This panel discussed how to meaningfully prepare for the litigation, manage insurance coverage, and pursue resolution via mediation. Among other things such as (a) how to mitigate litigation risk during the incident response; (b) considerations in litigating and mediating claims with statutory damages; (c) approaches to efficient mediation resolution, including in pre- and post-class certification; and (d) addressing cyber insurance coverage during each phase.