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Advanced Cyber Insurance Coverage Considerations

Speaker(s): Joseph V. DeMarco, Raymond H. Sheen, Tom Ricketts, Una Dean
Recorded on: Jun. 21, 2019
PLI Program #: 275657

Joseph V. DeMarco is a partner at DeMarco Law PLLC where he specializes in counseling clients on complex issues involving information privacy and security, theft of intellectual property, computer intrusions, on-line fraud, and the lawful use of new technology. His years of experience in private practice and in government handling the most difficult cybercrime investigations handled by the United States Attorney’s Office have made him one of the nation’s leading experts on Internet crime and the law relating to emerging technologies.

From 1997 to 2007, Mr. DeMarco served an Assistant United States Attorney for the Southern District of New York, where he founded and headed the Computer Hacking and Intellectual Property Program, a group of five prosecutors dedicated to investigating and prosecuting violations of federal cybercrime laws and intellectual property offenses. Under his leadership, cybercrime prosecutions grew from a trickle in 1997 to a top priority of the United States Attorney’s Office, encompassing all forms of criminal activity affecting e-commerce and critical infrastructures including computer hacking crimes; transmission of Internet worms and viruses; electronic theft of trade secrets; illegal use of “spyware”; web-based frauds; unlawful Internet gambling; and criminal copyright and trademark infringement offenses. As a recognized expert in the field, Mr. DeMarco was frequently asked to counsel prosecutors and law enforcement agents regarding novel investigative and surveillance techniques and methodologies, and regularly provided advice to the United States Attorney concerning the Office’s most sensitive computer-related investigations. In 2001, Mr. DeMarco also served as a visiting Trial Attorney at the Department of Justice Computer Crimes and Intellectual Property Section in Washington, D.C., where he focused on Internet privacy, gaming, and theft of intellectual property.

Mr. DeMarco is on the panel of approved neutrals of the American Arbitration Association (AAA) where he focuses on resolving disputes between businesses involving data privacy, high-technology and commercial law issues.  He speaks frequently on the benefits of ADR in the area of data security and privacy litigation.

Since 2002, Mr. DeMarco has served as an Adjunct Professor at Columbia Law School, where he teaches the upper-class Internet and Computer Crimes seminar. He has spoken throughout the world on cybercrime, e-commerce, and IP enforcement. He has lectured on the subject of cybercrime at Harvard Law School, the Practicing Law Institute, the National Advocacy Center, and at the FBI Academy in Quantico, Virginia, and has served as an instructor on cybercrime to judges attending the New York State Judicial Institute.

Prior to joining the United States Attorney’s Office, Mr. DeMarco was a litigation associate at Cravath, Swaine & Moore in New York City, where he concentrated on intellectual property, antitrust, and securities law issues for various high-technology clients. Prior to that, Mr. DeMarco served as law clerk to the Honorable J. Daniel Mahoney, United States Circuit Judge for the Second Circuit Court of Appeals.

Mr. DeMarco holds a J.D. magna cum laude from New York University School of Law. At NYU he was a member of the NYU Law Review. He received his B.S.F.S. summa cum laude from the Edmund A. Walsh School of Foreign Service at Georgetown University.  Mr. DeMarco is active in numerous professional associations including the:

  • International Bar Association (Technology and Litigation Sections);
  • International Association of Korean Lawyers (Regional Governor, New York Region);
  • New York State Bar Association, ADR Section;
  • New York State Bar Association, Commercial and Federal Litigation Section (Past Co-chair, Internet and IP Committee);
  • Connecticut Bar Association;
  • Fairfield County (CT) Bar Association;
  • New Haven County (CT) Bar Association;
  • New York City Bar Association (Co-Chair, Information Technology Law Committee; Past
  • Member, Copyright Committee); and
  • The Copyright Society of the U.S.A.

Mr. DeMarco is a Martindale-Hubbell AV-rated lawyer for Computers and Software, Litigation and Internet Law, and is also listed in Chambers USA: America’s Leading Lawyers for Business guide as a leading lawyer nationwide in Privacy and Data Security. He has also been named as a “SuperLawyer” for his expertise and work in the area of Intellectual Property Litigation. He has published numerous articles and appeared on major news programs in his practice areas; is a member of the Professional Editorial Board of the prestigious Computer Law and Security Review (Elsevier); and serves on the Board of Advisors of the Center for Law and Information Policy at Fordham University School of Law.

Mr. DeMarco has received numerous professional awards, including the U.S. Department of Justice Director’s Award for Superior Performance, as well as the Lawyer of Integrity Award from the Institute for Jewish Humanities. In his spare time he enjoys parenting, golf, and listening to classical piano.

Ray Sheen represents policyholders in complex insurance recovery disputes. He has advised clients on insurance coverage for a wide range of claims and losses, including cyber liabilities, data breach and ‘phishing’ losses; product liability/consumer class actions and product recalls; securities class actions and derivative lawsuits; trade credit claims; copyright, trademark, and patent infringement; and trade secrets, antitrust, Telephone Consumer Protection Act, Fair Credit Reporting Act, and employment claims.

Ray assists policyholders with negotiating and maximizing their insurance assets, including directors and officers (D&O), cyberliability, and errors and omissions (E&O) policies. He has advised clients on insurance issues related to mergers and acquisitions and real estate transactions.

Ray served as a law clerk to the Honorable J. Spencer Letts of the U.S. District Court for the Central District of California and as an extern with the Honorable Thelton E. Henderson of the U.S. District Court for the Northern District of California.

He received his J.D. from Stanford Law School in 1997, where he was note editor for the Stanford Law Review, and a B.A., summa cum laude, from Amherst College in 1992.

Memberships and Affiliations

  • Fellow, Leadership Council on Legal Diversity (2016)

Una A. Dean is a distinguished former federal prosecutor and partner in Fried Frank's Cybersecurity and White Collar Defense, Regulatory Enforcement & Investigations Practices. Ms. Dean routinely advises corporate clients on issues relating to cybersecurity corporate governance, cyber preparedness and incident response. She also represents individuals and institutions in critical matters, including criminal defense, regulatory investigations and internal investigations.

Ms. Dean advises boards and companies on compliance with GDPR and cybersecurity regulations, cybersecurity corporate governance, breach preparedness, training, cybersecurity risk disclosures, and M&A due diligence. She also routinely represents companies that have been the victims of a successful cyber-attack or data breach, assisting with crisis management and serving as a critical liaison between clients between clients and regulatory agencies and law enforcement.

Ms. Dean is a lecturer and advisory board member at UCLA's Global Cyber Institute, a Program Mentor at NYU Law’s Executive Masters of Science in Cybersecurity Risk and Strategy, and a member of the Women in the Legal Profession: White Collar Crime Subcommittee of the New York City Bar Association.

Prior to joining Fried Frank, Ms. Dean served as an Assistant United States Attorney (AUSA) for the Eastern District of New York (EDNY), where she investigated and prosecuted some of the EDNY's most important and high-profile cases involving international money laundering, insider trading, trade sanctions, and cybercrime. She secured convictions in seven jury trials and argued numerous cases before the United States Court of Appeals for the Second Circuit.

During her time as an AUSA, Ms. Dean served as the first Cyber Specialist, developed the EDNY's cross-border cybercrime practice and served as a Computer Hacking and Intellectual Property Coordinator (CHIP). She was also the recipient of the Director’s Award for Superior Performance and the Federal Drug Agents Foundation’s True American Hero award.

Ms. Dean was named to Crain's New York Business' 2019 list of Notable Women in Law, a feature honoring achievements of the brightest and boldest legal minds with both distinguished careers and exceptional civic and philanthropic activities. Ms. Dean is also profiled among in Global Investigations Review’s 2018 Women in Investigations, a special feature highlighting remarkable women in the field of investigations, including lawyers and other specialists from a variety of countries and backgrounds. She was recently selected as a Rising Star by Thomson Reuters for its Transforming Women’s Leadership in the Law program, a program designed to address structural barriers and create cultural change needed for women to succeed and advance in the legal industry.

Ms. Dean served as a law clerk for the Honorable William J. Martini in the United States District Court for the District of New Jersey from 2005-2006. She received her JD from University of Michigan Law School in 2004 where she served as a Contributing Editor of the Michigan Law Review, and her BA, magna cum laude, from Harvard University in 1998. She is admitted to practice in New York, Connecticut, the US District Court for the Southern District of New York (SDNY), the US District Court for the Eastern District of New York (EDNY), and the US Court of Appeals for the Second Circuit

Tom Ricketts is the Cyber Practice Leader and co-leads the Property and Casualty Department within the Professional Services practice in New York, providing risk management and insurance advice for all Property and Casualty lines of coverage to the division's clients; including placing cyber insurance for more than 120 law firms from AmLaw 10 to AmLaw 200.  Tom is on the faculty of Thomson Reuters Westlaw and of the UCLA Cybersecurity Certificate Extension programme.

Tom started his 30-year insurance career with Willis Faber & Dumas Ltd. in Sheffield England and subsequently worked for Sedgwick in London and New York, before joining Aon in New York.

In 1991 Tom founded the Sedgwick Global Telecommunications practice, which became the leading provider of risk management and insurance advice to the global telecommunications and media sector.  He consulted with the World Bank and EBRD on developing-nation communications projects as well as advising start-ups such as Global Crossing, Iridium and FLAG (“Fiber-Optic Link Around the Globe” now part of Reliance Globalcom).

Tom has also been an innovator and entrepreneur; among his innovations in the industry, he created and placed the very first open-market Technology E&O program. He was recognized by Risk & Insurance Magazine as a Power Broker for his work in the Telecommunications sector (2006) and in the Construction sector (2011).

Tom has a Master's Degree in English Literature from the University of St. Andrews, Scotland.