States continue to pass new biometric privacy laws that to varying degrees increase liability risk for businesses that collect biometric information. The Illinois Biometric Information Privacy Act (BIPA) sets the standard for imposing liability, in that it creates a private right of action for individuals harmed by BIPA provisions – which has led to numerous 8- and even 9-figure settlements.  BIPA has also triggered a raft of insurance coverage disputes, as liability insurance companies have sought to invoke a cluster of ill-fitted exclusions in response to claims.  Illinois courts have found coverage under Commercial General Liability (CGL) and other liability insurance policies in most of these cases.

The Anderson Kill Biometric Liability Group has extensive experience litigating coverage disputes under a full range of liability insurance policies, including CGL, professional liability and D&O policies.  Team members have a deep grasp of both the policy language and insurance industry coverage defenses that come into play in biometric liability claims. As the articles listed to the left demonstrate, we have tracked the history of this coverage litigation from its beginnings, as well as the proliferation of state and international laws enacted to protect the privacy of consumers and employees who provide biometric data. We help our clients assess the risk, comply with the law, and pursue insurance coverage when liability does arise.

In the wake of intensifying storms, flooding, wildfires, and other effects of the planet’s warming, Anderson Kill attorneys help businesses maximize property and business income insurance coverage, as well as coverage for third-party claims.

The AK Climate Change and Disaster Recovery Group has decades of experience representing policyholders, such as banks, power companies, and commercial and multifamily property owners, in complex property, business interruption and contingent business interruption claims. Team members have successfully resolved eight- and nine-figure claims for property damage and business income losses resulting from hurricanes and other natural disasters, fires, explosions, water damage, lightning, construction accidents, the September 11 attacks, and other perils.

As cybersecurity risks continue to evolve and escalate, the prospect of undergoing a cyberattack is more a question of “when” than “if” for most companies. The Anderson Kill cybersecurity team includes an author of leading treatises on cyber insurance recovery; former government officials and federal and state prosecutors; IP attorneys with extensive tech experience; and attorneys with deep understanding of the technical as well as legal aspects of cybersecurity and compliance.

Our cybersecurity attorneys help clients to establish working relationships with state and federal agencies overseeing cybersecurity, develop policies to ensure compliance with key national privacy and data protection laws (e.g., EU’s General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA)) and relevant state statutes and regulations (including biometric privacy laws, and establish cybersecurity, crisis management and disaster recovery plans and teams that address the full range of potential incidents and establish lines of communication and authority. We also assist in-house personnel in the event of a data breach or attack.

In today’s high-risk cyber environment, effective prevention and crisis response are a continuum.  Our team is well equipped to help clients avoid cyber losses and liabilities, mitigate them when they do occur, and maximize insurance recovery after the fact.

Businesses of all types and sizes are often faced with allegations involving harassment, sexual abuse, assault and other similar claims.  In responding to such claims, it is essential to understand that most businesses have numerous insurance policies that cover these claims.  Long before the #metoo movement, religious institutions, preparatory schools, colleges and universities, and all kinds of businesses have been dealing with these very serious and potentially explosive allegations.

Anderson Kill has a group of seasoned insurance coverage attorneys that provide counsel to clients grappling with the critical and delicate issues raised by these claims for over a decade.  The firm’s Sexual Harassment and Abuse Insurance Recovery Group is at the vanguard in assisting clients with these claims – having recovered hundreds of millions of dollars in insurance proceeds to defend against claims and compensate claimants.