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When a company discovers it is the victim of a cyberattack, every moment is critical. Companies must not only contain the attack and mitigate the damage, they also must quickly manage an array of demands and pressures from the media, government officials, customers, business partners and shareholders. The rapidity and efficiency with which a company responds to a cyberattack is now a subject matter of regulatory inquiry and claims asserted by private plaintiffs. Join Skadden partners Stuart Levi, Cyrus Amir-Mokri, and Peter Luneau for a discussion on key considerations in managing an attack and minimizing legal exposure.
I. Develop and test your Security Incident Response Plan (SIRP)
II. Ensure strong communication between senior management and boards before, during and after an attack
III. Interpret cyber insurance policies
IV. Use forensic experts to determine approach to remediation efforts
V. Interact with law enforcement and regulators
VI. Identify State and federal data breach notification requirements
VII. Summarize regulatory obligations for disclosure
VIII. Review public statements/disclosures for consistency with legal requirements
IX. Prepare for ensuing litigation
Stuart D. Levi is co-head of Skadden’s Intellectual Property and Technology Group, and coordinates the firm’s outsourcing and privacy practices. He has a broad and diverse practice that includes outsourcing transactions, technology and intellectual property licensing, privacy and cybersecurity advice, fintech and blockchain matters, branding and distribution agreements, cloud computing agreements, technology transfers, strategic alliances and joint ventures. His background in computer science, data privacy and the information technology industry allows Mr. Levi to understand the technology and business drivers underlying agreements and transactions in these areas.
Cyrus Amir-Mokri handles complex litigation and investigations, and provides strategic advice to clients on global regulatory matters, compliance and operational risk.
Mr. Amir-Mokri rejoined the firm in 2014 after serving as the Assistant Secretary for Financial Institutions at the U.S. Department of the Treasury, where he was responsible for developing and coordinating policy on issues affecting financial institutions. Before his service at Treasury, Mr. Amir-Mokri was Senior Counsel to the chairman of the Commodities Futures Trading Commission (CFTC). He participated in both the passage and implementation of the Dodd-Frank Act and international financial reform.
In addition to working with U.S. and international financial regulatory agencies on issues of financial stability, market structure, and safety and soundness, Mr. Amir-Mokri was responsible for developing and coordinating Treasury’s policy on insurance, consumer financial services and cybersecurity. At Treasury, Mr. Amir-Mokri’s most recent policy development efforts focused on the impact of emerging information and telecommunications technology on financial services. In particular, he supervised the agency’s efforts to develop a framework for cybersecurity policy and to coordinate the federal government’s response to incidents in the financial sector. He also supervised Treasury’s report on the modernization of insurance regulation.
Prior to his recent government service, Mr. Amir-Mokri was a partner at Skadden representing clients in complex and appellate litigation. Although his work emphasized representing financial services clients in federal antitrust, securities and regulatory matters, he also represented clients outside the financial services sector in general corporate and commercial litigation.
At Treasury, Mr. Amir-Mokri was the recipient of the Alexander Hamilton Award. He was included on the Carnegie Corporation’s “Great Immigrants: The Pride of America” list in 2012 and is a recipient of the Ellis Island Medal of Honor. He also is a life member of the Council on Foreign Relations.
J.D., University of Chicago Law School, 1995
Ph.D., University of Chicago, 1992
A.B., Harvard University, Harvard College, 1986
Assistant Secretary for Financial Institutions, U.S. Department of the Treasury (2011-2014)
Board Member, National Cooperative Bank (2011-2014) (Appointed by President Obama and confirmed by the Senate)
Director, Securities Investor Protection Corporation (2012-2014)
Senior Counsel to the Chairman of the Commodities Futures Trading Commission (2009-2011)
Law Clerk, Hon. Bruce M. Selya, U.S. Court of Appeals for the First Circuit (1998-1999)
Peter D. Luneau represents clients in a variety of complex insurance coverage and product liability matters. His representation of clients covers a wide range of insurance coverage disputes, including, for example, multiparty litigation in state and federal courts concerning environmental, property and business interruption losses, and numerous U.S. and international insurance and reinsurance arbitrations and alternative dispute resolutions.
Mr. Luneau was a lead member of the team that represented the Port Authority of New York and New Jersey with respect to all of its property insurance claims arising out of the September 11 terrorists attacks, as well as the owner of an adjacent landmark building in connection with its September 11 losses. His arbitration experience includes the representation of one of the world’s largest banks in an international arbitration involving political risk insurance and reinsurance; an international energy provider in connection with nuclear fuel rod losses; a transportation insurer in a reinsurance dispute concerning claims handling; and a leading life insurance company against its reinsurer.
Mr. Luneau has been heavily involved in all aspects of international Bermuda Form insurance arbitrations on behalf of major pharmaceutical companies involving a wide array of issues, including, amongst others, the expected or intended defense and maintenance deductible, propriety and scope of the notice of (integrated) occurrence, streamlining discovery, allocation and apportionment of losses between covered and uncovered components, reasonableness of the underlying defense efforts and settlements, the known loss or occurrence defense, retroactive coverage and efforts by the insurer to rescind or void the policy in its entirety based on alleged misrepresentations in the Bermuda Form application.
Mr. Luneau also has been involved in the defense of pharmaceutical companies and other manufacturers in product liability and mass tort actions and was a key member of a team that represented one of Asia’s largest airlines in an international dispute regarding the performance of its jet engines.
In addition, Mr. Luneau regularly advises on insurance and product liability aspects of corporate transactions. He also lectures on insurance and product liability matters and serves as a contributing editor to NYSBA Insurance Law Practice.
U.S. District Courts for the Eastern and Southern Districts of New York
J.D., Benjamin N. Cardozo School of Law, 2003 (summa cum laude; Samuel and Ronnie Heyman Scholar)
B.S., University of Vermont, 1999 (magna cum laude; Vermont Scholar)
Lots of good information.
The discussion of cyber insurance is appreciated
I thought this program was informative. It gave a good analysis and overview of cybersecurity issues that companies must assess.
These gentlemen did a great job. Very informative, well planned out, and relevant.
Complicated subject but handled well by the experienced speakers.
Like having two speakers
Very current and relevant topic; particularly useful learning about the regulatory and insurance aspects to data breaches.
Well organized program with knowledgeable speaker, A lot of material to cover within time frame
Well presented, very clear.
Outstanding. The written materials were extremely helpful. The insurance portion was particularly relevant and content rich.
Good information about Insurance Coverage.
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