Cyber risk is the risk associated with conducting business using computers and computer networks including the Internet. The AEGIS Cyber Risk Litigation Service (ACRLS) was created to help AEGIS member companies effectively manage the complex and ever-changing exposures that result from online business operations as well as the litigation that may result.
The resources available in this section include background information on cyber risk, related news and developments, a wiki and a blog.
Click here to view Cyber Risk Resources >>
Description of service
Cyber risk-related litigation frequently involves complex technical and legal issues. The service is a single, centralized source of information on cyber risk litigation and the rapidly evolving legal issues relating to the use of computers, computer networks and the Internet. The service includes electronic, password-protected, information, articles and forms for cyber-risk litigation developed by Nixon Peabody LLP. This material can save utilities and energy-related entities – and their counsel – time and money when preparing for cyber risk-related litigation by building upon the successful approaches in prior cases, and by reducing the need to "reinvent the wheel."
The service provides this information using the collaborative web-based technologies including Wikis and blogs. The informational content was initially developed by Nixon Peabody, LLP, but as a truly collaborative service, the information will evolve and deepen as more AEGIS members use it.
All AEGIS members have access to the informational portions of the ACRLS.
This service is sponsored by AEGIS and is available through Nixon Peabody. The information is the work product of Nixon Peabody and will remain in the possession of Nixon Peabody.
Intended use of service
This service is intended to support AEGIS members by providing specialized risk management tools and services for cyber-risk related litigation. It will help utilities and energy-related entities identify and interpret relevant scientific, technical and legal issues that may appear in lawsuits. It is meant to provide an organized structure through which utilities and energy-related entities and their counsel can quickly access the expertise and knowledge they need.
Service will not provide
This service is not a general cyber-risk information service. It is not meant to replace the legal counsel that is presently serving the utility or energy-related entity. Nor is its purpose to sell or otherwise distribute the databases, or provide unauthorized access to copyrighted information. It is not a resource for AEGIS members in search of general background material on cyber-risk.
Who may use the service
All AEGIS members in active cyber risk-related litigation or anticipate such litigation in the immediate future may use the service.
How to use the service
The first step to engage the service is to contact one of the AEGIS attorneys below. The purpose of this initial conversation is to evaluate several circumstances including the company's status as an AEGIS member and/or policyholder, the relationship to the utility or energy industry and the status of pending litigation or the nature of anticipated litigation.
Jeffrey J. Schupack
Vice President, Senior Counsel
AEGIS Insurance Services, Inc.
1 Meadowlands Plaza
East Rutherford, NJ 07073
Brian R. Ekdahl
Vice President, Counsel
AEGIS Insurance Services, Inc.
1 Meadowlands Plaza
East Rutherford, NJ 07073
After AEGIS approves the use of the service, it notifies the member company and Nixon Peabody of its decision. At this point, the AEGIS member will have access to the service.
The AEGIS member representative and/or its legal counsel (either in-house or outside) contacts Laurin H. Mills at Nixon Peabody's Washington office at 202.585.8515 or lmills@nixonpeabody.com to obtain the desired information and/or other services. Nixon Peabody will provide an introductory consultation session for the qualified AEGIS member to familiarize the member with the types of cyber-risk litigation information and assistance that are available. The purpose of the initial consultation is to discuss the status, direction and strategy of the case and to reach a determination of how, if at all, ACRLS counsel may help. There is no cost to the AEGIS member for this introductory consultation session, whether or not ACRLS counsel is ultimately retained. If the AEGIS member decides to use the service, the member will enter into an attorney-client relationship with Nixon Peabody to maintain the attorney-client privilege, the joint defense privilege, and/or the attorney work product protection. Individual members, of course, will decide the scope and nature of the services or database information to be provided by Nixon Peabody as well as the terms and scope of the attorney-client relationship within which such services and/or information will be provided.
Payment of cyber risk litigation service defense costs
The initial consultation with recommended counsel is free to AEGIS members. This arrangement applies without regard to whether the claim, or potential claim, is within the scope of the AEGIS insurance coverage. However, if a member decides to utilize the service, the member will be responsible for paying the subsequent defense costs of ACRLS counsel.
The cyber risk litigation team at Nixon Peabody LLP
Nixon Peabody LLP is a full-service national law firm, prominent in the intellectual property and technology litigation fields, with major offices in New York, Washington D.C., Boston, San Francisco, Palo Alto, Chicago, Rochester and Los Angeles. The Cyber Risk team at Nixon Peabody is overseen by two Nixon Peabody partners who have extensive litigation and counseling experience concerning cyber risk issues and related litigation. These risks include computer hacking, privacy violations, cyber stalking/harassment, defamation, computer viruses, theft of trade secrets or confidential information, eavesdropping, identity theft, cyber payment and e-commerce failures, computer fraud, software piracy, copyright violations, disaster recovery, disruption and property damage or personal injury caused by network outages or hardware/software malfunctions, international, federal and state regulatory liability, contractual liability from service level agreements, patent and trademark infringement, and others.
Laurin H. Mills is the Managing Partner of Nixon Peabody's Washington D.C. office. He specializes in intellectual property and technology-related litigation and media law. He is the creator and editor of the firm's "NP 2.0" website, which follows and analyzes trends related to the intersection of the law and the emerging web-based businesses and technologies. 202.585.8515. lmills@nixonpeabody.com.
Frank W. Ryan is a partner in Nixon Peabody's New York office. He is a trial lawyer who focuses his practice in patent, trademark, copyright and technology-related litigation. He counsels clients concerning global privacy and data protection laws and is a frequent speaker on new media, intellectual property portfolio management, litigation, and privacy and security litigation. 212.949.3129. fryan@nixonpeabody.com.
