When a cyber incident leads to legal disputes—whether a data breach class action, a coverage disagreement with an insurer, or a vendor liability claim—litigation is not always the most practical or cost-effective path forward. This course examines how alternative dispute resolution methods, including arbitration and mediation, can provide a more efficient framework for resolving the legal fallout from cyber incidents. Participants will explore the practical mechanics of ADR processes, the circumstances under which they tend to be preferable to court proceedings, and the strategic considerations that inform that choice. The course also addresses how to bridge communication gaps between technical and legal teams during ADR proceedings, ensuring that complex cybersecurity facts are conveyed accurately and persuasively.
Legal advisors, cyber-insurance professionals, executives, and board members who may be involved in decisions about how to resolve the legal and financial disputes that arise from cyber incidents.
None — designed for non-technical professionals.
1. Understanding Cyber Insurance: Why Arbitration May Make Sense for your Policy
In recent years, cyber insurance is facing a hard market. As cyber-attacks and data breaches have grown dramatically in frequency and size, carriers have been forced to narrow their offerings. These limitations put existing and potential cyber insurance customers in difficult positions. As policyholders negotiate policy language, arbitration clauses should be included in this discussion. Arbitration is a form of alternative dispute resolution that provides a streamlined and more cost-effective solution to conflicts that would otherwise result in litigation. Technologists and their counsel should understand the virtues of ADR in resolving disputes over cyber insurance, as well as the key characteristics of cyber insurance itself, as the threats are only expected to grow and the claims to fo
2. Mediation: The Tool Kit
Litigating cybersecurity and data breach disputes has proven to be very expensive time and time again. One solution to this problem is alternative dispute resolution (ADR), which can be initiated by the parties or may be compelled by legislation, the courts, or contractual terms. Mediation, like arbitration, is a method of ADR available to parties. Put simply, mediation is a negotiation facilitated by a neutral third party. Unlike arbitration, which resembles a trial in format, mediation does not involve decision-making by a neutral third party. While mediation has existed for a long time, the COVID-19 pandemic restrictions caused its use to rise dramatically, a development that continues to persist. Unlike judicial and arbitral proceedings that may require face-to-face interactions, it is
3. Why use a Discovery Referee or Special Master in ADR?
What are discovery referees and special masters, and why should technologists understand their role in alternative dispute resolution? Discovery referees and special masters are experts that help resolve eDiscovery disputes and streamline the discovery process. While the scope of their involvement and authority differs, technologists may encounter either of these players in dispute resolution. By learning about when to use discovery specialists or special masters, technologists and their counsel can help ensure that e-discovery is conducted in a way that is efficient, cost-effective, and compliant with legal and ethical standards. In this lesson, our instructors discuss how and why courts, arbitrators, and parties increasingly turn to special masters or discovery referees for their exper
4. Practical Tips for In-House Counsel Anticipating Cyber Class Actions
With the sudden and dramatic shift to remote work from the pandemic that in large part continues today, data breaches and cyber-attacks have substantially increased. These attacks prevail across all industries, targeting sensitive data and ransomware payments, from hospitals to technology companies to top law firms and even small businesses. As a fallout of data breaches in particular, the personal data of clients or employees is often compromised, and data breach class actions ensue. In fact, within a few hours of organizations disclosing a data breach, class actions are often already being filed. Technologists will find this accessible overview of in-house counsel’s role in responding to cyber class actions an essential brief on the process and a tool for communicating and strategizing w
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