Celesq® Attorneys Ed Center

Silent Cyber and War – Gaining Coverage for Cyber Losses Under Non-Cyber Policies and Excluded Losses

Program Number: 29104

Program Date: 06/12/2019


Several recent cases involving the NotPetya malware highlight “silent cyber” and the Hostile Acts exclusion in insurance policies. Silent cyber a term used to describe losses related to cyber incidents that are covered by policies not written specifically for cyber-related losses. In the case of NotPetya, some policyholders are looking to their commercial property insurance policies for coverage. The original of and destruction caused by NotPetya also implicates the rarely litigated Hostile Acts exclusion, previously referred to as the War Risks exclusion. This program will discuss silent cyber, how it can be triggered, what insureds should expect when making a cyber-related claim on non-cyber policy, and how the Hostile Acts exclusion can play out in terms of burden and proof.

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Available in states

California, Colorado Eligible, Georgia, New Jersey Eligible, New York, New York - BOTH New and Experienced Attorneys, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, based on a 50-minute credit hour
60 minute credit hour - 1.0 General CLE credit, based on a 60-minute credit hour

State Program Numbers

Credit Eligible for BOTH Experienced and New Attorneys in NY


Kevin Carroll, Esq.

Wiggin and Dana LLP

Kevin is a Partner in Wiggin and Dana’s Litigation Department in the Washington, DC office. Kevin is a skilled litigator with experience advising the White House, a Cabinet member, CEOs, a Congressional committee chairman and generals. His practice focuses on representing corporations and individuals in white collar criminal and administrative investigations and prosecutions, conducting internal investigations, ensuring corporate compliance, and representing clients during Congressional investigations.

Immediately before joining Wiggin and Dana, Kevin reported to the White House Chief of Staff and Secretary of Homeland Security, the Hon. John F. Kelly, as Executive Director and Chief Counsel of the US Council on Transnational Organized Crime. He led a team from the Defense, Homeland Security, Justice, State, and Treasury Departments and the Intelligence Community implementing Executive Order 13773 by issuing reports to the President; advocating changes to the National Security Strategy; and recommending changes to cyber and intellectual property theft, fraud, racketeering, smuggling and trafficking laws, and recommending changes to intelligence and sanctions authorities.

Kevin subsequently participated in Committee on Foreign Investment in the United States review of transactions under the Foreign Investment Risk Review Modernization Act.

Before his most recent government service, Kevin was Deputy General Counsel and Senior Vice President for Government Affairs at a software company whose major clients include the FBI, military and Secret Service.

Previously, Kevin was an associate at international law firms in Washington, DC and New York City, where he participated in Securities Act and Espionage Act trials and litigated on behalf of US manufacturers victimized by trade secret theft, and advocacy and charitable groups pursuing First Amendment claims. Kevin also participated in internal investigations including an internal investigation for a Swiss bank, and represented a business before the Armed Services Board of Contract Appeals.

Kevin earlier served as Senior Counsel to the Hon. Peter T. King, chairman of the House Homeland Security Committee and senior member of the Financial Services and Intelligence Committees, for whom he conducted oversight investigations and prepared public hearings.

Kevin served in the Middle East and elsewhere as a CIA case officer.

An Army and reserve officer for 24 years, Lieutenant Colonel Carroll served in the Office of the Secretary of Defense, on the Joint Staff, and in Germany, Bosnia, Hungary, Cuba, Afghanistan, Iraq and Yemen. He maintains Top Secret and Special Compartmented Information clearances.


Michael Menapace, Esq.

Wiggin and Dana LLP

Michael is an insurance lawyer, primarily a litigator defending insurance companies, reinsurers, and insured parties from a wide range of claims that threaten clients’ businesses. He is also a counselor, law school professor, and litigator in areas beyond insurance.

Michael represents insurers in state and federal courts as well as in arbitrations across the country, litigating insurance disputes concerning business practices, bad faith, insurance coverage, reinsurance, premium calculations, and allocation among policies. As a general litigator, he has tried cases concerning utility and energy infrastructure construction, securities class actions, and merger and acquisition claims. Leading insurance industry trade groups have engaged Michael to represent them on matters of industry-wide importance before trial and appellate courts. He has tried numerous cases through final verdict.

For example, Michael recently defended an insurance company in a nationwide class-action suit targeting its business practices; achieved a seven-figure victory for a defendant in a reinsurance arbitration; and helped create a new insurance company and obtained the required approvals for it to operate.

In his role as counselor, Michael advises insurers on policy construction, coverage, compliance, and regulatory issues and often represents stock, mutual, and captive insurers on their dealings with state regulators, including proceedings concerning rates, applications for acquisition of control, and market conduct exams. He also counsels insurance companies on a variety of data security and privacy issues and defends companies facing potential data breach liability. He has represented clients in connection with internal investigations and responses to government inquiries and subpoenas, including federal and state inquiries into forced placed insurance, contingent commissions/broker compensation, and finite reinsurance transactions.

Michael has also represented defendants in a wide range of class action suits related to insurance, unfair trade practices, securities, federal and state environmental laws, the Medicare Secondary Payer Act, and the Alien Tort Act.

Michael lectures and publishes regularly on insurance and cybersecurity topics and has testified before the U.S. Senate Commerce Committee as an invited expert on cybersecurity and insurance. He teaches insurance law at the Quinnipiac University School of Law, is Co-editor of The Handbook on Additional Insureds, and is co-author of The Reference Handbook on the CGL Policy – Coverage A Principal Exclusions. He has been listed in Super Lawyers for Insurance Law. He is active in the American Bar Association as Vice-chair of the TIPS Cybersecurity Committee and in ARIAS-US as Chair of the Technology Committee.

Michael received his J.D. from Quinnipiac University School of Law and a B.M. from The Hartt School of Music at the University of Hartford. He began his legal career in the insurance/reinsurance practice group of a major international law firm. He is admitted to practice in Connecticut, New York, and Massachusetts.

Michael is President of the Hartford County Bar Association, the oldest bar association in the country, and a long-time member of its Board of Directors. He was the recipient of the New Leaders of the Law Award from the Connecticut Law Tribune. Before practicing law, Michael was a college music professor and administrator with an active U.S. and international music performance schedule, including as a saxophonist with the Hartford Symphony Orchestra. He was Chair of the Board of Trustees of The Hartt School of Music at the University of Hartford.
Description: Requests for Equitable Adjustment and Claims: Essential Tools for the Government Contractor In this CLE, experienced government contracting attorney will discuss two key strategies for seeking compensation in connection with unanticipated issues that arise on federal projects. First, Maria will provide a primer on Requests for Equitable Adjustment (REAs), explaining how contractors can use REAs to seek an increase to the price or duration of their federal contracts. Next, we will cover claims, with a specific focus on the differences between REAs and claims, and an explanation concerning when each strategy is more appropriate. Maria will also discuss the claims appeal and litigation process, as well as common government defenses.