Virtually all businesses and governments are technology dependent and many use technology solutions that are purpose-built to suit their unique requirements. For technology product and service providers, the opportunities are enormous – and so are the liability risks.
The rise of cybercrime and product liability exposures, combined with the global nature of IT service provision and supply chains, can leave technology vendors and service providers exposed.
If a tech E&O claim is made, we provide a smooth pathway through the litigation process. This includes helping clients understand and appreciate their rights and obligations under their policy and mapping out their prospects of successfully defending the claim.
We have dealt with some of the largest IT disputes in the region, along with many claims against SME and mid-market IT professionals. We are also at the forefront of policy wording changes in the tech E&O market, an area of growing importance as insurers consider whether cyber risk is covered under tech wordings.
Our team also advises on cyber incidents, privacy and data security issues.
Recent work
Acting for a professional indemnity insurer and its insured, an IT service provider, defending a third-party claim made by a former client after parts of the client’s IT infrastructure failed, which resulted in temporary and permanent loss of data. We provided detailed advice on the insured’s liability and a substantive response to defend the third-party claim.
Advising an insurer on data security issues arising from storage and processing of data overseas, including data shared through third party vendors. The matter included advising on the insurer’s obligations, liability and risks under both statute and contract, and providing recommendations on how to mitigate identified liability and associated risks.
Advising an insurer on policy coverage under an IT company’s IT Liability Policy following a ransomware attack suffered by the IT company, compromising the IT company’s and clients’ network and data. Coverage questions focused on liability and the types of losses covered under the policy, such as third-party claims.
Acting for a legal services provider defending third-party claims made by clients and mitigating the risk of other potential claims following a significant ransomware attack involving the exfiltration of sensitive client information, including personal information. We also advised on the entity’s data processing and storage practices, including data retention and related issues, to mitigate liability and associated risks going forward.