Planning for data breaches and other cybersecurity risks is no longer optional. Insurance is a central component of any cyber risk management strategy. Recent coverage litigation and other developments cast doubt on whether standard general liability policies will cover losses resulting from cybersecurity events. The presenters discuss:
I. Recent insurance coverage litigation for cyber incidents under comprehensive general liability policies
II. Changes in CGL policy forms that seek to exclude claims for cyber incidents
III. New forms of coverage that relate specifically to cyber risks; and
IV. Emerging legal issues relating to new forms of cyber risk insurance
Mr. Torcicollo is the Team Leader for the firm’s Construction Litigation practice. He handles all facets of construction disputes, including contract claims and claims relating to change orders, construction defects, scheduling and delay, construction liens, public bidding, and design. He has tried numerous jury and non-jury cases in state and federal courts in the region and has extensive arbitration and mediation experience before the American Arbitration Association and other alternative dispute resolution forums. Prior to attending law school, Mr. Torcicollo worked in the construction industry. He also represents clients in a wide variety of business litigation matters, including minority shareholder and contract disputes.
Glenwood Pier Condominium Association, Inc. v. River Road Associates, et al.
Gibbons represents the Glenwood Pier Condominium Association, the plaintiff in a lawsuit involving the construction of more than 160 luxury condominiums built on top of a 100-year-old pier structure (which formerly supported a Celotex manufacturing plant). The claims, which all relate to the pier structure and have been asserted against the developers and designers of the condominium complex, involve errors in design, construction defect, and various breaches of warranty and statutory claims. The plaintiff seeks in excess of $26 million. The case continues to proceed in mediation before the Honorable James D. Clyne (retired).
Independence Harbor Condominium Association v. Hartz Mountain Industries, et al. – Superior Court of New Jersey, Law Division, Bergen County
The firm represented Independence Harbor Condominium Association in a construction defects lawsuit against the condominium’s developer, the contractors responsible for its construction, and the designers. The claims included breach of warranty, violations of New Jersey’s Planned Real Estate Development Full Disclosure Act, violations of New Jersey’s Consumer Fraud Act, and design error and omission claims. Mr. Torcicollo was one of two lead trial attorneys from Gibbons on this matter, which was successfully tried before a jury, resulting in a multi-million dollar verdict. Thereafter, the firm negotiated and documented a series of settlements between the various parties.
Fabcon East, LLC v. Steiner Building Co., NYC, et al. – Supreme Court of New York
The firm represented Fabcon, a precast wall manufacturer, in a breach of contract claim against Steiner in connection with the construction of a movie studio located at the Brooklyn Navy Yard. Mr. Torcicollo was lead trial counsel in this matter, which was successfully tried before a judge of the Supreme Court of New York, resulting in a verdict in Fabcon’s favor awarding substantial compensatory damages, interest and attorney’s fees, and denying defendant’s counterclaim in its entirety.
Spearin, Preston & Burrows v. Maher Terminals – American Arbitration Association
The firm represented Spearin, Preston & Burrows, a marine contractor, in a breach of contract action against Maher Terminals, for which Spearin performed a substantial wharf modernization project at Maher’s Port Newark facility. Mr. Torcicollo was lead trial counsel in this matter, which was successfully arbitrated before a three-arbitrator panel of the American Arbitration Association, resulting in a multi-million dollar award in Spearin’s favor, and a complete denial of Maher’s multi-million dollar counterclaim.
AMB Property, L.P. v. Century 21 Construction Corporation, et al. – Superior Court of New Jersey, Bergen County
The firm represented AMB Property, L.P., a substantial commercial property owner, in a construction defects litigation against the property’s developer, contractor, and design professionals. AMB’s brand new warehouse facility suffered a significant roof collapse, resulting in millions of dollars in damages sustained by AMB. Mr. Torcicollo was co-lead counsel in this matter, which was litigated in the Superior Court of New Jersey, Bergen County. The firm ultimately negotiated and documented a successful, multi-party settlement on the eve of trial.
AMEC Civil, LLC, v. New Jersey Department of Transportation – Superior Court of New Jersey, Monmouth County
Mr. Torcicollo is lead counsel in this matter in which the firm represents the New Jersey Department of Transportation in defense of AMEC Civil, LLC’s lawsuit involving the construction of a bridge in Belmar, NJ. The plaintiff’s claims are in excess of $40 million. In December 2008, the trial court issued an extensive opinion and an order granting 13 separate motions for partial summary judgment filed by NJDOT relating to a variety of issues, including certain contractual and statutory defenses to AMEC’s claims. As a result, significant components of AMEC’s damages and delay claims were eviscerated. The court’s opinion is noteworthy for its comprehensive treatment of issues impacting public construction projects in New Jersey and for its strict enforcement of the contractual and statutory provisions governing the relationship between contractors and the state. AMEC filed an interlocutory appeal of the trial court’s decision, which was denied. In September 2009, the parties agreed to a settlement of all of AMEC’s claims.
New Meadowlands Stadium Company, LLC, et al. v. New Jersey Sports & Exposition Authority
When complete, the American Dream Meadowlands project will have cost more than $4 billion and will be one of the largest, most unique shopping, entertainment, and tourism centers in the world, creating thousands of jobs during construction and, ultimately, permanent, full-time employment. Mr. Toricollo represents the state of New Jersey and the landlord, New Jersey Sports & Exposition Authority (NJSEA), with respect to various litigations related to American Dream for NJSEA. One involved a lawsuit by the New Meadowlands Stadium Company, New York Giants, and New York Jets alleging that proposed modifications to the project – adjacent to their stadium – would violate their alleged contract rights and cause major traffic and parking problems. Mr. Torcicollo and the Gibbons team were able to get various aspects of the complaints dismissed over the course of the litigation and ultimately helped secure a mutually beneficial settlement allowing the project to move forward without inconveniencing our home football teams.
New Jersey Account Wagering, LLC v. New Jersey Sports & Exposition Authority
Plaintiff New Jersey Account Wagering, LLC, filed a lawsuit seeking injunctive relief precluding the NJSEA from utilizing an outside vendor to manage the statutorily created account wagering system, the system that enables bettors to place wagers on horse races by telephone, internet, or in person at one of the racetracks in the state of New Jersey. The NJSEA has filed a motion to dismiss the plaintiff’s complaint, which is currently pending before Judge Cecchi.
Sery v. Federal Business Centers, et al.
Gibbons represented the lead defendant in a lawsuit in which the plaintiffs alleged minority shareholder oppression and breach of fiduciary duty. The case was venued in the United States District Court for the District of New Jersey. Mr. Torcicollo was one of two Gibbons attorneys principally responsible for the representation of Federal Business Centers, Inc., a New Jersey commercial real estate corporation that owns and operates real estate, primarily in New Jersey's Raritan Center business complex. Plaintiffs' claims exceeded $100 million. The firm achieved a complete victory for the company at the Summary Judgment phase, when all of the plaintiffs' claims were dismissed.
New York/New Jersey Electronic Crimes Task Force
Construction and Public Contracting Law Section
Forum on the Construction Industry
Inducted in 2007
Mr. Opderbeck is a Professor of Law at Seton Hall University School of Law and Director of the Gibbons Institute of Law, Science & Technology. He focuses his practice on cybersecurity and computer law, privacy and civil rights, intellectual property, legal malpractice, and professional ethics. Professor Opderbeck’s passion for cybersecurity law and policy resulted in a multi-year grant-funded project, at Seton Hall University School of Law, sponsored by the Bergen County, New Jersey Prosecutor’s Office, which included new courses, continuing legal education programs, and the creation of a governmental working group on cybersecurity and cybercrime. He frequently appears in national and international media outlets and lectures to law enforcement agencies and other groups on cybercrime, cyberterrorism, and civil liberties.
State of New Jersey
Commonwealth of Pennsylvania
United States District Court for the District of New Jersey
United States Court of International Trade
PUBLICATIONS & FEATURES
• "Drone Courts," 44 Rutgers L.J. 413, 2014
• "The Problem With NeuroLaw," 58 St. Louis U. L.J. 497, 2014
• "Towards a Theology of Intellectual Property as Social Relations," 10 St. Thomas L.J. 738 Symposium, 2014
• "Does the Communications Act of 1934 Contain a Hidden Internet Kill Switch," 65 Federal Communications Law J. 1, 2013
• "Social Network Analysis of Patents and Trade Secrets as Social Relations," 41 Aipla Q. 355, 2013
• "Cybersecurity and Executive Power," 89 Washington U. L. Rev. 795, 2012
• "Rational Competition Policy and Reverse Payment Patent Settlements Under the Hatch-Waxman Act," 98 Georgetown L.J. 1303, 2010
• "Deconstructing Jefferson’s Candle: Towards a Critical Realist Approach to Cultural Environmentalism and Information Policy," 49 Jurimetrics 203, 2009
• "Patent Damages and the Shape of Patent Law," 89 Boston University Law Review 127, 2009
• "A Virtue Ethics Approach to the Biotechnology Commons (or, The Virtuous Penguin)," 59 Maine Law Rev. 316, 2007
• "The Penguin’s Paradox: The Political Economy of International Intellectual Property and the Paradox of Open Source," 18 Stanford Law & Policy Rev. 101, 2007
• "Patents, Essential Medicines, and the Innovation Game," 58 Vanderbilt Law Review 501, 2005
• "Peer-to-Peer Networks, Technological Darwinism, and Intellectual Property Reverse Private Attorney General Litigation," 20 Berkeley Technology Law J. 1, 2005
• "The Penguin’s Genome, or Coase and Open Source Biotechnology," 18 Harvard Journal of Law and Technology 168, 2004
• Speaker, Itechlaw 2014 World Technology Law Conference, “Dealing with Hackers,” New York, NY, May 2014
• Speaker, Religious Legal Theory Conference, “The NSA is/and the Antichrist,” Emory Law School, March 2014
• Speaker, Gibbons Institute of Law, Science & Technology, “Federal Circuit Year in Review,” Newark, NJ, September 2013
• Speaker, New York State Wireless Association Meeting, “Mobile Payment Systems and Cybersecurity,” New York, NY, June 2013
• Webinar Speaker, American Bar Association, “Cyber Threats and Network Security Countermeasures: Keeping Your Intellectual Property and Secret Safe,” May 2013
• Organizer and Moderator, “Law and the Human Person Roundtable,” University of Notre Dame Law School, South Bend, IN, April 2013
• Speaker, Intellectual Property and Religious Conference, “Towards a Theology of Intellectual Property as Social Relations,” University of St. Thomas Law School, Minneapolis, MN, March 2013
• Speaker, Practicing Law Institute, “Think Like A Lawyer, Talk Like A Geek: Dealing With
Hackers,” New York, NY, November 2012
• Speaker, New Jersey Prosecutors’ College, “Cybersecurity Law Update,” Atlantic City, NJ,
• Speaker, U.S. Military Academy, “Cybersecurity, Cyberwar, Cyberterrorism, and Civil Rights,”
West Point, NY, April 2012
• Speaker, Internet Law Works In Progress Conference, “Does The Communications Act of 1934 Provide an Internet Kill Switch?,” New York Law School, March 2012
• Speaker, L'École Supérieure Catholique De Droit De Jérémie, “International Intellectual Property and Access to Medicines,” Haiti, March 2012
• Speaker, Religious Legal Theory Conference, “Beyond Bits, Memes And Utility Machines: Intellectual Property, Theology, and Metaphysics,” Pepperdine Law School, California, February 2012
• Speaker, New Jersey Public Defender’s CLE Program, “Computer Crimes Update,” Trenton, NJ, November 2011
• Speaker, New Jersey Marine Corps Reserve Terrorism Symposium, “Computer Crimes and Cyber-Terrorism,” New Jersey Institute of Technology, October 2011
• Speaker, New Jersey Prosecutor’s College, “Computer Crimes Update,” Atlantic City, NJ, September 2011
• Speaker, Seton Hall University School of Law Symposium, “Preparing for a Pharmaceutical Response to Pandemic Flu” and “State Sovereignty, Flu Viruses, and Intellectual Property, October 2008
• Speaker, Temple Law School Symposium, “The Evolution of Life-Saving Drugs: The Open
Source Model and Beyond” and “Challenges for Open Source Biotechnology,” February 2006
• Speaker, Seton Hall University School of Law Symposium, “Peer-To-Peer Networking at the Crossroads” and “Copynorms and Filesharing Litigation,” April 2004
Mr. Wolak was recently named "Insurance Lawyer of the Year" (Newark, NJ) by Best Lawyers® and selected for the New Jersey Super Lawyers list, for Insurance Law. For almost 25 years, he has litigated matters involving hundreds of millions of dollars in insurance coverage for a broad range of clients and regularly provides strategic counseling and analysis of potential risks and exposures, policy terms and conditions, and claims resolution. He also represents clients on a broad range of complex commercial disputes, including contract claims, intellectual property matters, real property disputes, and restrictive covenant cases.
A wide variety of clients – including pharmaceutical and chemical manufacturing companies, financial and educational institutions, telecommunications companies, professional service providers, and insurance companies – rely on Mr. Wolak’s advice and representation to achieve their objectives and resolve both insurance coverage matters and commercial disputes. He has also been retained as an expert witness/consultant on insurance issues and is a frequent speaker on insurance law topics. Prior to joining Gibbons, Mr. Wolak served as a law clerk to the Honorable Nicholas H. Politan of the United States District Court for the District of New Jersey.
Fantastic presentation and information
This seminar provided valuable insight for underwriters and claims lawyers.
Good panel. Wish there had been more of last presenter.
one of the best I've viewed
Good program on a hot topic.
A topic I was curious about. Well done!
Very good format.
HIGHLY INFORMATIVE... EXCELLENT PRESENTATION.
The case studies were very informative.
Great introduction to Cyber Liability insurance. Thank you.
Superb discussion of an area of law rapidly developing.
Very conversational- I enjoyed it.
Excellent and informative presentation, especially the portion about determining costs of data breaches. The Ponemon Study was a very helpful resource.
timely topic, must see for financial representatives.
Fantastic CLE. I loved the panel format, they each had some great information to share (a lot of it) and it is easier to remain engaged in a CLE when there are different speakers with different topics.
This perhaps the best Lawline course I've taken.
Very good- one of the best.
Excellent straight forward information about what might be seen as an obvious definition
Excellent introductory course. Hope there is a second, more detailed, installment.course
Well presented and informative program.
Valuable course. Now I know what I'm asking of my vendors.
Well done program
Interesting topic and information
Very great overview of the key concepts in this hugely important, and emerging field. I would have presented the coverage issues first, then discussed the concepts of damages, standing, etc. Coverage always informs litigation.
Very good coverage of cutting edge issue
Extremely informative of emerging issues in this red hot area of law
Great course on an evolving and timely topic
Very interesting. Great panel !
Unlimited CLE Subscription gives you access to take almost any course from our catalog and earn as much CLE credit as you need.