When a privacy breach occurs, the first hours can shape everything that follows. The insurer, insured, forensic team, regulators, affected individuals, and potential claimants may all be moving at once. Decisions made in those early moments can affect coverage, notification obligations, business interruption exposure, regulatory risk, litigation posture, and the credibility of the response.
BatesCarey’s cyber team has extensive experience representing insurers in cyber and privacy matters. As notice counsel for a number of nationwide cyber and privacy programs, our attorneys are often the first point of contact for companies that have experienced a privacy breach, ransomware attack or cyber crime event. The breaches and incidents impact companies of all sizes and across all industries, including healthcare, financial institutions, retail, professional firms, and companies in the AI sector. We work with insurers and their insureds to develop an appropriate response to the privacy breaches and incidents, and to assess the applicable coverage, including coverage for first party breach response, business interruption, and data restoration claims.
Beyond incident response, BatesCarey’s cyber team has a wealth of experience in analyzing and addressing coverage for third-party claims arising out of breaches, as well as other privacy related claims, including state and federal regulatory actions, invasion of privacy claims, online tracking claims, and alleged violations of privacy and consumer protection statutes, including the California Invasion of Privacy Act (CIPA), Biometric Information Privacy Act (BIPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), and related state and federal laws. Our attorneys regularly partner with insureds, defense counsel and co-insurers to efficiently and effectively resolve third-party claims, drawing on the team’s breadth and depth of experience with similar matters.
While BatesCarey’s cyber team prides itself on its ability to address and resolve coverage issues that arise in connection with cyber and privacy claims, the team is well-equipped to assist should alternative dispute resolution processes or litigation be unavoidable.
BatesCarey also advises insurers before claims arise. The firm works with clients to develop new cyber and privacy products, review and refine existing policy wordings, and assess how rapidly changing technology, privacy regulation, and litigation theories might affect the next generation of insurance products.
Cyber and privacy claims rarely stay within one coverage lane. A single event may involve first-party breach response, business interruption, data restoration, third-party privacy liability, regulatory investigation, invasion of privacy claims, statutory exposure, professional liability, Directors & Officers (D&O) issues, and questions under traditional Commercial General Liability (CGL) policies. BatesCarey understands how these lines intersect and how to evaluate cyber and privacy exposure accurately, efficiently, and in context.
The cyber and privacy landscape changes faster than almost any other area of insurance law. Insurers need counsel that can move quickly, think across coverage lines, understand the technology, and defend the coverage position when the matter becomes contested. BatesCarey brings that judgment to every stage of the claim.
