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Managing a Cyber Disaster: Cyber Insurance and Tools to Mitigate Losses and Liability 2014


Speaker(s): Brian E. Finch, Roberta D. Anderson
Recorded on: Jul. 8, 2014
PLI Program #: 59617

Brian Finch is a partner in the law firm’s Public Policy practice and is based in Pillsbury’s Washington, DC office. Named by Washingtonian magazine in 2011 as one of the top 40 federal lobbyists under the age of 40 and by Law360 as one of its “Rising Stars” in Privacy Law in 2014, Brian is a recognized authority on global security matters. He specializes in counseling on regulatory and government affairs issues involving the Department of Homeland Security, Congress, the Department of Defense, and other federal agencies. Brian in particular focuses his practice on assisting clients with matters involving cyber security, national defense and intelligence policies, homeland security concerns, and in general providing proactive advice to mitigate liability in the event of a significant security incident.

Areas of Concentration

Brian is a leading authority on the SAFETY Act, a federal statute that can provide liability protection to companies following a terrorist or cyber attack. He has helped prepare over 100 applications for such protections, including for services and technologies such as security guards and vulnerability assessments to software programs and security screening devices. He also testified twice before the U.S. Congress on matters related to the SAFETY Act, and writes regularly about its practical application for business.

Brian is recognized as a leading legal authority on matters related to cyber security, including the legal and policy challenges associated with the consequences of companies suffering a cyber attack, as well as the steps that can be taken to help mitigate the risk of attack as well as post-event litigation.

Brian also regularly advocates on behalf of companies seeking to ensure that federal agencies have sufficient funding for contract vehicles in which they participate.
Brian has represented a wide variety of clients on security matters, including Major League Baseball, FireEye, Inc,, the American Gas Association, the American Public Power Association, the Edison Electric Institute, the National Rural Electric Cooperative Association, Honeywell International, L-3 Communications, Emgerent BioSolutions, Washington Gas, Brookfield Office Properties, G4S, and McAfee Inc.

Background

Prior to joining Pillsbury, Brian practiced with two Washington, DC law firms and worked as a legal intern with the Office of Chief Counsel of the Drug Enforcement Administration, U.S. Department of Justice.

Professional Activities

Brian is a senior advisor to the Homeland Security and Defense Council, serves the National Center for Spectator Sports Safety and Security’s advisory board, and as an inaugural Senior Fellow at George Washington University’s Homeland Security Policy Institute. Brian is a professorial lecturer in law at The George Washington University Law School, where he co-teaches homeland security law and policy.

Brian regularly speaks and writes on security issues. He has cyber security blog on The Huffington Post, a regular cyber security column on the Fox Business website, and appears regularly on cable news as a security expert. He also has authored or co-authored articles for the Wall Street Journal, Politico, The Hill, National Journal, The Washington Times, and other publications.

Honors & Awards
  • Law360 – Rising Stars, April 2014
  • Washingtonian 40 Lobbyists Under 40, March 2011
Speaking Engagements

Information Security Issues, Practising Law Institute Financial Services IT 2014: Avoidance of Risk Seminar, May 21, 2014

Cybersecurity: Progress and Challenges to Keep Your Co-Op Safe, National Rural Electric Cooperative Association Legal Seminar 54, May 20-21, 2014

Cultivating Ethics: Mitigation Vulnerability to Cyber and Data Security Threats in Order to Maintain Client Confidentiality, Virtual LegalTech, May 15, 2014

Insight on Cyber Security Strategies, Cyber Security and Countering Corporate Espionage Symposium, May 1, 2014

Surviving the Cyber Tsunami: Cybersecurity Worries and Opportunities for Security Contractors, 2014

Security Industry Association Education@International Security Conference and Exposition West, April 2, 2014


Ms. Anderson is a partner in the firm's Pittsburgh office with over fifteen years of experience in complex commercial litigation and alternative dispute resolution. A member of the firm’s global Insurance Coverage and Cyber Law and Cybersecurity practice groups, Ms. Anderson concentrates her practice in the areas of insurance coverage litigation and counseling and emerging cybersecurity and data privacy-related issues. She has represented policyholders in connection with a broad spectrum of insurance issues and disputes arising under almost every kind of insurance coverage, including general liability, commercial property, business interruption, data privacy and “cyber”-liability, directors and officers (D&O), errors and omissions (E&O), technology E&O, professional liability, employment practices liability (EPL), political risk, environmental, fidelity, fiduciary, crime, terrorism, residual value, nuclear and other insurance coverages, and in broker liability disputes. Ms. Anderson provides strategic advice on ways to maximize the value of clients’ current and historic insurance assets.

Ms. Anderson also counsels clients on complex underwriting and risk management issues. She has unique and substantial experience in the drafting and negotiation of D&O, technology E&O, data privacy and “cyber”-liability, and other insurance coverages. She provides strategic insurance coverage advice to clients in assessing their potential risks, analyzing new insurance products, considering the adequacy of their existing insurance programs, and negotiating new placements tailored to the clients’ specific risk profile. Ms. Anderson has performed insurance due diligence for clients contemplating mergers and acquisitions concerning the adequacy of the target companies’ insurance programs. She also counsel clients on risk transfer and representation and warranty insurance in connection with corporate transactions.

Ms. Anderson has served as coverage counsel in a variety of forums, including United States federal and state courts, ad hoc arbitration and private mediations. She has acted as special insurance counsel in reorganization proceedings in the United States Court of Appeal for the Fifth Circuit. Ms. Anderson also has participated in arbitrations in leading national and international situses, including London, Bermuda and New York. Ms. Anderson has significant knowledge and experience relating to the London and international insurance markets.