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Attorneys Ted Schaer and Beth Fitch Named Co-Deans of Claims in Litigation Management Alliance (CLM) School of Cyber Claims

January 27, 2016

A 2015 study conducted by software security firm McAfee for the Center for Strategic and International Studies estimated that cybercrime costs the global economy $445 billion a year. The report also forecast that costs will rise as more consumers and businesses connect to the internet, creating in turn a much larger need for cyber insurance.

Though the need exists, the understanding of cyber insurance is not that simple. Stand-alone cyber insurance policies are a complex hybrid of first and third party coverage, that is further complicated by statutes and regulations, inconsistent case law, and procedural peculiarities throughout the United States. Understanding the need to educate lawyers and practitioners accordingly, the Claims and Litigation Management Alliance (CLM) has created the School of Cyber Claims - a 3-year program designed to provide participants with technical and practical knowledge to proactively and effectively minimize risks and manage claims under both traditional insurance policies and stand-alone cyber insurance policies.

Providing the leadership necessary to ensure successful implementation of the program will be attorneys Ted Schaer, CIPP/US of Philadelphia-based firm Zarwin Baum DeVito Kaplan Schaer Toddy, P.C. and Beth Fitch, CIPP/US of the Arizona law firm Righi Fitch Law Group. Boasting years of experience handling insurance, privacy/security matters, and complex litigation, Schaer and Fitch will serve as Co-Deans of the School of Cyber Claims. In their roles, Schaer and Fitch will appoint and oversee the Executive Council (EC) for each course, manage the school curriculum for all levels, and ensure the overall goals for cyber certification are met.

"The School of Cyber Claims will appeal to the needs of practitioners looking to navigate the uneasy terrains of cyber insurance," said Schaer. "I am excited to work along-side industry leaders, like Beth, to implement, oversee and manage this program that has monumental importance in this digital age."

"The areas of privacy law, cyber security and cyber insurance have many layers; and as industries and markets evolve, so do the approaches to tackling the problems that arise for businesses," said Fitch. "Ted and I have been working in this space for many years, and we know that proper training gives practitioners the advantage. That's what we, alongside CLM, set out to do."

With the School of Cyber Claims, CLM will provide students with the opportunity to learn privacy and data protection principles, regulations and laws from an experienced roster of industry leaders. Faculty will arm the students with the tools necessary to evaluate, interpret and apply traditional insurance policies and cyber insurance policies to claim scenarios, along with the skills to proactively and cost-effectively manage those claims.  They will not only provide cutting-edge strategies, but also illustrate them with real-world scenarios to further strengthen the learning process. Upon successful completion of all three levels, graduates will earn the Certified Claims Professional (CCP) in Cyber Claims designation.

Key courses include:

  • Foundations of Data Privacy: providing a general overview of the development of data privacy
  • Foundations of Data Privacy 102: covering the technical and security issues confronted during a cyber incident. 
  • Cyber Threats and Vulnerabilities: covering current cyber threats to cyber security. 
  • Anatomy of a Data Breach: covering the five stages of a cyber breach: (1) Preparation; (2) Detection and Analysis; (3) Containment, Eradication, and Recovery; (4) Post-Incident Activity; and (5) Reporting.
  • yber Claim Coverage Under Traditional Policies: providing a general overview of the types of insurance policies that could be triggered by a cyber first party and third party claims.
  • Cyber Claim Coverage Under Cyber Insurance Policies: providing a general overview of the types of coverages available under cyber insurance policies. 
  •  Anatomy of a Data Breach/Cyber Third Party Litigation: covering substantive theories of civil liability arising from data security breach.
  • Third Party Vendor Risk Management and Exposure: providing a general overview of risk management and exposures for third party vendors.

"The addition of the School of Cyber Claims to the CLM Claims College is in response to emerging cyber risks," says Kay Ferrara, Education & Committee Manager at CLM. "Students will finish the program well be poised to handle cyber claims and manage these ever evolving risks. We believe that Ted and Beth will bring our vision for the Cyber Claims program to fruition influencing new and veteran practitioners while raising the awareness for additional and ongoing training."

Ted Schaer serves as Chairman of the Property and Casualty Defense Department and the Cyber Liability, Privacy and Breach Response Department at Zarwin Baum. Schaer is regularly retained by some of the nation's largest insurers, third party administrators, motor carriers and businesses to defend lawsuits.  Since 1987, he has routinely defended GL, transportation retail, strict liability, and professional liability claims; and currently serves as National and Regional Counsel to several national accounts. Schaer has tried more than 50 trials to verdict in a number of states. He is an AV rated attorney, a Certified Trial Attorney by the National Board of Trial Advocacy and has been consistently recognized by his peers in Pennsylvania and New Jersey as a Super Lawyer since 2006.

Schaer is certified by the International Association of Privacy Professionals in Privacy and US Data Protection (CIPP/US), and advises clients on privacy and cyber related issues. He leads Zarwin Baum's Data Breach Response team, and serves as the Chief Information and Security Officer to the firm.

Beth Fitch is a founding member of Righi Fitch Law Group, has over 28 years of civil defense experience, and has the AV Preeminent Rating. Because of her defense of insureds under general liability insurance policies, Fitch has successfully handled the gamut of complex tort cases ranging from construction mishaps to wrongful death. In 2015, she was recognized as a Super Lawyer and inducted into Arizona's Finest Lawyers. She has developed expertise in risk management and assists clients with risk transfer strategies such as pursuing indemnity and primary, excess, and additional insurance coverage for clients. Fitch currently serves as the Co-Chair of the Arizona State Bar Cyber Liability Committee, and has published articles on the topic of cyber liability and risk management.

Like Schaer, Fitch is certified by the International Association of Privacy Professionals in Privacy and US Data Protection (CIPP/US); and serves as the Chief Information Security Officer for Righi Fitch Law Group. She counsels companies and insureds on cyber liability and responding to data breaches, coordinates the Cyber Early Response Team for Themis Advocates Group, and is a published author on cyber liability risks.

To learn more about The Claims and Litigation Management Alliance (CLM) School of Cyber Claims, visit here.

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