Cyber Liability Coverage – Read that Policy Carefully!

September 3, 2020  |  Carole Clark Isakson

Cyber insurance, also referred to as cyber risk insurance or cyber liability insurance policy coverage, is an insurance policy. Any company that uses technology to do business (i.e. pretty much every company…) should evaluate its need for this type of policy, review the policy language carefully, and verify that policy limits are sufficient. Before cyber insurance coverage became common, in the event of a data breach or other cyber event an insured might have tried to make a claim under its general liability insurance. These claims were frequently denied. With the advent of cyber insurance policies, a more specific product was made available, and may provide the coverage needed. Cyber insurance applies to data breaches and specified cyber events. The typical policy provides coverage for various costs that may be incurred in a data breach situation – for instance, many policies will provide assistance in verifying and recovering from a data breach. As with any insurance policy, it is important to read the exclusions and be aware of events that are NOT covered. Not all policies are created equally. Consideration should be given to your specific goals. Cyber risk insurance often, though not always, covers: Loss or damage to data (i.e. the cost to replace or restore electronic data belonging to the insured…

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Barna, Guzy & Steffen Announces Addition of New Shareholder

August 13, 2020  |  Barna, Guzy & Steffen, Ltd.

The Shareholders of Barna, Guzy & Steffen, Ltd. announce that Jennifer C. Moreau has been named Shareholder. Since joining the firm in 2013, Litigation and Business Law Attorney Jennifer Moreau has been an important asset to BGS. She has been instrumental in resolving complex cases for some of the firm’s largest clients, all while managing a growing list of her own satisfied clients. Jennifer’s work includes civil and business litigation as well as employment defense and counseling. She has handled a wide variety of cases, including complex matters, and she conducts all aspects of litigation from beginning to end. Jennifer also regularly assists municipal clients with employment investigations and represents clients in grievance arbitrations. Before joining BGS, Jennifer was employed as a judicial law clerk for the Hon. Robert B. Varco and Hon. Mary A. Yunker, Minnesota District Court, 2007-2013. She graduated magna cum laude from the University of Minnesota Law School in 2007 and with highest distinction and with honors from the University of Nebraska-Lincoln in 2004. BGS congratulates Jennifer on this career achievement and recognizes her as an asset to the legal profession and to the community. It is a pleasure to have Jennifer on the BGS team. Established in 1938, Barna, Guzy & Steffen provides a variety of legal services…

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Disciplining Employees in a Newly Unionized Setting

July 17, 2020  |  Scott M. Lepak

The time after a union is voted into place and before the parties have entered into a collective bargaining agreement is often viewed as a period of great uncertainty. It is typically a time of considerable posturing as the employer and union seek to establish their respective authority as they work through this new relationship. There is often disagreement on what constitutes a management right (that does not need to be negotiated) as opposed to a mandatory subject of bargaining (that must be negotiated). Read on to learn more about disciplining employees in a newly unionized setting. A typical disputed area is the employer’s right to determine how to discipline employees before a first union contract is finalized. This area received significant clarity from the National Labor Relations Board (NLRB or Board) on June 23, 2020, as it applies to private sector employers.1 In 800 River Road Operating Company, LLC d/b/a Care One at New Milford and 1199 SEIU, United Healthcare Workers East, 369 NLRB No. 109, the Board issued a decision stating that upon commencement of a collective-bargaining relationship, employers do not have an obligation to bargain prior to disciplining bargaining unit employees in accordance with an established disciplinary policy or practice.  This Care One at New Milford decision significantly and specifically…

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