Blank Rome’s insurance coverage attorneys have significant experience helping clients maximize the value of their policies in the areas of intellectual property and cyber risk. Through a combination of proactive counseling and vigorous advocacy work when insurers attempt to deny or minimize coverage, our team has developed a record of significant successes for our clients in these areas.
Cybersecurity & Data Privacy
Our attorneys also advise clients and litigate disputes regarding insurance coverage for cyber risks. With cybersecurity and data breach events making headlines on nearly a daily basis, as well as the increased scrutiny of state and federal regulators, insurance coverage will play a critical role in strategies for managing the challenges associated with these risks. Companies may not realize that there is insurance coverage for these events not only under cyber insurance policies, but also under several other traditional insurance policies as well. Our attorneys regularly work with risk managers and in-house counsel when purchasing and renewing cyber insurance policies to identify potential coverage issues and gaps, and provide specific recommendations for changes to policy language available in the marketplace.
We also work with clients to pursue the broadest scope of coverage for losses due to cyber attacks, data breaches, and other events after insurance companies wrongfully deny or try to limit coverage. This includes pursuit of coverage under cyber insurance and other policies, such as commercial general liability, directors and officers liability, and crime insurance policies, as well as under policies for which our clients hold additional insured status.
When disputes about intellectual property rights arise, they may implicate coverage under many types of policies. However, policyholders may overlook the availability of such insurance, and in many cases, insurers often resist claims to coverage when they are actively pursued.
Our attorneys find and maximize coverage for the full spectrum of intellectual property-related claims and secure revenue from insurance policies through litigation and alternative means. We have a deep set of intellectual property coverage experience that ranges from false advertising and disparagement claims, to copyright infringement, patent infringement, trade dress and trademark infringement, and invasion of privacy and false light claims, among others. Our team finds coverage for these claims under a wide range of policies, including directors and officers, errors and omissions, general liability, and specialized intellectual property policies.
In addition, we advise clients when drafting licensing or acquisition agreements relating to intellectual property in order to optimize the structure of the related insurance and indemnification provisions.