Laurie A. Kamaiko Edwards Wildman Palmer LLP Partner New York +1 212 912 2768 [email protected]

Laurie A. Kamaiko Edwards Wildman Palmer LLP Partner New York +1 212 912 2768 Lkamaiko@Edwardswildman.Com

Laurie is a partner in the Insurance and Reinsurance Department whose practice Areas of Practice focuses on advising companies on exposures and coverage issues arising from Insurance & Reinsurance emerging and complex risks such as privacy and cyber risks and catastrophic Coverage & Claims natural disasters and terrorist events, as well as on professional liability claims and Complex Litigation environmental risks. She counsels companies on the handling of claims arising from such risks and , as well advises on new product development and policy wordings. Privacy & Data Protection She also regularly advised companies in the insurance industry on claims handling, Reinsurance bad faith and other extra contractual exposures, and risk management. When Technology, Media & litigation is necessary, she represents her clients in state and federal courts, as well Telecommunications as in arbitrations, mediations and other dispute resolution proceedings. Compliance for Risk Management Laurie is a member of the Firm's Privacy & Data Protection Group Steering Committee and it's Data Breach Response Team. Edwards Wildman's Privacy & Industries Data Protection Group is nationally recognized in the 2013 US Legal 500 and the Healthcare 2013 Chambers & Partners USA Guide. She advises clients on privacy, data breach and cyber risk exposures and claims, and on related insurance issues. She Cloud Computing & Managed IT is editor of the Firm's white paper, "Everyone's Nightmare: Privacy and Data Breach Services Risks," which is regularly updated. Laurie has been included in the 2010, 2011 and Technology 2012 New York - Metro Super Lawyers listings by Thomson & Reuters.

Education Notable Experience Vassar College, B.A. Boston University School of Law, • Laurie advises insurers on complex coverage issues, provides coverage J.D. opinions, negotiates resolution of coverage disputes and litigates coverage actions. Bar Admissions Massachusetts • Laurie regularly advises clients on cyber risk and privacy related exposures, New York including those arising from data breaches and business practices involving the collection, usage and disclosure of personal information. Court Admissions • Laurie frequently advises insurers on insurance coverage and claims U.S. District Court, Southern handling issues arising from data breaches and other privacy related District of New York claims, including issues arising under specialty cyber risk policies, general U.S. District Court, Eastern liability policies including “Coverage B” personal and advertising injury District of New York coverage provisions, and professional liability policies.

Memberships • Laurie counsels insurers and reinsurers on their development of new forms, American Bar Association, and drafts policies and endorsements. Member TIPS Section APIW, Inc., an association of • Laurie acts as coordinating counsel on extra-contractual claims, counsels professional insurance women, insurers on bad faith exposures, provides risk management advice to Past President insurers on managing their exposures to extra contractual liability, and defends insurers against allegations of bad faith and unfair claims handling.

Laurie A. Kamaiko

Memberships, • Laurie represents insurance and reinsurance companies as to issues Continued arising from natural disasters including hurricanes and earthquakes, as well International Association of as other catastrophic events such as September 11, 2001 and cyber- Privacy Professionals attacks. New York State Bar Association, Committee on Association • Laurie counsels companies on aviation and aerospace insurance issues. Insurance • Laurie advises clients on liability and coverage issues arising in the health care context, and earlier in her legal career regularly defended health care institutions and professionals in defense of malpractice claims.

• Laurie defends professional liability and general liability lawsuits involving significant damages and complex liability issues.

• Laurie guides insurers in their compliance with the Terrorism Risk Insurance Act of 2002, the Extension Act of 2005, and the Terrorism Risk Insurance Program Reauthorization Act of 2007.

Recent Speaking Engagements and Publications

• "Cyber Crime: How to Protect Yourself and Your Business," panelist, Leading Women of Southern New England, November 24, 2013.

• "BYOD and Social Media: Navigating a Shifting Risk Landscape," panelist, Advisen Cyber Liability Conference, October 24, 2013.

• "Willis Fortune 1000 Cyber Disclosure Webinar," speaker, Willis Client Webinar, October 16, 2013

• "Cyber Risks," moderator, 5th Annual Reactions North America Conference, New York, NY, September 25, 2013

• "Data Analytics and Aggregations," panelist, Net Diligence Cyber Risk and Privacy Liability Forum, Philadelphia, June 6-7, 2013.

• "Issue Spotting the Marathon Bombings - A Look at Potential Claims and Implicated Coverages," co-author, Claims Management Magazine, May 7, 2013.

• "Hot Topics in Coverage B Litigation -- How Elastic is the Scope of Coverage B: Recent Attempts to Expand the Application of Coverage B,” speaker and co-author, DRI 2013 Insurance Coverage and Claims Institute, April 12, 2013.

• "Regulators are Expressing Heightened Interest in Mobile Apps and Privacy Enforcement: Is Your Company Prepared?,” co-author, Edwards Wildman Client Advisory, April 2013.

• Master Workshop: "Everyone’s Nightmare: Privacy and Data Breach Risks," speaker, LMA Lloyd's Market Academy Masterclass, February 8, 2013.

Laurie A. Kamaiko

• "Everyone’s Nightmare: Privacy and Data Breach Risks," speaker, International Underwriting Association, February 5, 2013.

• "A Storm Named Sandy," presenter, Edwards Wildman Palmer seminar, New York, January 17, 2013.

• "When Sandy Became a Superstorm But Not a Hurricane: The Effect on Deductibles," co-author, Edwards Wildman Insurance and Reinsurance Review, January 2013.

• "Getting the Deal Through," co-author, USA analysis chapter, Insurance and Reinsurance, 2009, 2010, 2011, 2012.

• Co-Chair C5’s Data Protection, Cyber Risk and Information Security Conference, London, October 2012, and panelist on “Born in the USA: Current Lessons from the Home of Cyber Risk Insurance to Improve Your European Policies.”

• "Negotiating and Drafting Specialized Cyber Risk Provisions and Policies to Cover Data Loss Arising from Cloud Computing," speaker, American Conference Institute's Cyber & Data Risk Insurance Forum, September 2012.

• "Not Kidding About Protecting Kids' Data - FTC Puts Forth More Changes to Proposed Children's Privacy Rules," co-author, Edwards Wildman Palmer LLP Client Advisory, August 14, 2012.

• "Everyone's Nightmare: Privacy and Data Breaches," co-presenter, Edwards Wildman's 11th Annual Half-Day Insurance and Reinsurance Seminar, New York, June 13, 2012.

• "US Data Protection: Under Close Scrutiny," co-author, Bermuda Captive Magazine, June 2012.

• “Big Brother Is Online And A Rising Risk For Insurers,” co-author, Law360, March 29, 2012.

• "Online Behavioral Advertising/Tracking Litigation: A Rising Risk Facing Insurers and Insureds," co-author, Edwards Wildman Insurance and Reinsurance Review, March 2012.

• “An interview with Edwards Wildman,” interviewee, concerning privacy and data protection practice and developments, The Monthly Lawyer, March 2012.

• "March 1 Deadline for Companies and Vendors with Massachusetts Personal Information," co-author, Edwards Wildman Palmer LLP Client Advisory, January 2012.

• "Foreseeable and Reasonable Mitigation Costs Can Constitute Cognizable Injury from a Data Breach - At Least Under Maine Law," co- author, Edwards Wildman Palmer LLP Client Advisory, October 2011.

Laurie A. Kamaiko

• “Public Companies May Need to Disclose their Exposure to Material Cyber Security Risks According to New Guidance Issued by SEC Division of Corporation Finance,” co-author, Edwards Wildman Palmer LLP Client Advisory, October 2011.

• "Market Scan: Available Products, Scope of Coverage and Typical Terms,” speaker, C5 Forum on Data Risk, Cyber and Network Security Insurance, September 20, 2011, London, United Kingdom.

• “Data Breaches at Home and Abroad: This Can Mean You Too!,” panelist, Edwards Angell Palmer & Dodge Webinar, July 14, 2011.

• Mock Trial, presenter, CLM 2nd Annual Litigation Management Conference, Bermuda, October 20, 2010.

• "Assessing What a Breach and a Resulting Claim is Really Worth," panelist, 4th National Advanced Forum on Cyber & Data Risk Insurance, September 27 - 28, 2010.

• "Dealing with Data Breaches: Legal, Practical, and Financial Issues," speaker, Massachusetts Health Data Consortium Seminar, September 17, 2010.

• "A New Exposure of the Information Age: Data Breaches of Personal Information," co-author, Journal of Reinsurance, Spring 2010.

• "Data Protection Challenges for Bank Insurance Programs in the U.S.: New and Upcoming Deadlines and Exposures," speaker, American Bankers Insurance Association Teleconference, March 11, 2010.

• "Every Company's Nightmare: Privacy and Data Breach Risks," speaker, program presented by ACG of Greater New York and Edwards Angell Palmer & Dodge LLP, New York, September 22, 2009.

• "Consequential Damages: New Developments in New York Case Law Regarding an Insured's Right to Recover Extra Contractual Damages," co- author, Edwards Angell Palmer & Dodge Insurance and Reinsurance Review, March 2009.

• "An Insured's Right to Recover Consequential Damages Against its Insurer Under New York Law: Will It Be the Exception or the Norm?," co-author, Insurance Advocate, February 9, 2009.

• "Does the Reservation of an Insurer's Right to Recoup Defense Costs Actually Entitle an Insurer to Recoupment?" co-author, Edwards Angell Palmer & Dodge Insurance and Reinsurance Review, December 2008.

• "New York's Longstanding 'No Prejudice' Rule is Overturned," co-author, International Law Office, September 28, 2008.

Laurie A. Kamaiko

• "New York's Reversal of Its Long-Standing "No-Prejudice" Rule and Its Expansion of Rights of Direct Action Against Insurers: How Broad Is Their Effect?," co-author, Edwards Angell Palmer & Dodge Insurance and Reinsurance Review, September 2008.

• "Discovery of Coverage Counsel Opinions and Work Product in Bad Faith Litigations," speaker and conference moderator, Lorman Insurance Bad Faith Seminar, December 5, 2007 and December 4, 2008.

• "The Eroding Privilege of an Insurer's Communications with Its Coverage Counsel," co-author, Edwards Angell Palmer & Dodge Insurance and Reinsurance Update, June 2007.

• "Preparing for Catastrophes: Legal and Insurance Issues to Consider," moderator of PLI panel, June 5, 2006.

• "The TRIA Extension Act of 2005," co-author, Edwards Angell Palmer & Dodge Insurance and Reinsurance Update, March 2006.

• "The World Trade Center Trial's Two Occurrence Verdict: How Far- Reaching Is Its Effect?" Edwards & Angell Insurance & Reinsurance Update, March 2005.

• "TRIA's Impending Sunset," Edwards & Angell Insurance & Reinsurance Update, Summer 2004.

• "TRIA Revisited: Will Insureds be Adequately Covered After Sunset?", co- author, Insurance Risk, May 2004.

• "September 11 - US Legal Developments Reach the Critical Path," co- author, Insurance and Reinsurance Law Briefing, Issue 89, March 2004.

• "September 11th: The Continuing Conundrum of the Number of Occurrences," Mealey's Litigation Report: Insurance, October 21, 2003.

• "The Role of Punitive Damages in Insurance Coverage Disputes: Point and Counterpoint," co-author, Excess Surplus Lines, Summer 2003.

• ABA's National Legal Malpractice Conference, Panel on Managing Technology Before It Manages You, September 2003 Conferences; accompanying paper: "E-Mail Alert: Pitfalls of Electronic Communications."

• ACI Runoff & Commutations Conference, Panel on "Managing Run-Off Claims: Lessons Learned, Current Trends and Projections for the Future," November 2002 Conference.

• Cambridge Reinsurance Symposium, "Recent Developments in Coverage Litigation Arising from September 11," November 2002 Conference.

• Excess/Surplus Lines Annual Conference, "Reinsurance Issues Arising from September 11," September 2002 Conference.

Laurie A. Kamaiko

• Reinsurance Association of America, Life Reinsurance Conference, WTC Roundtable, February 2002 Conference.

• "Mold Update: A Musty Year for Insurers," Journal of Reinsurance, Fall 2002.

• "World Trade Centre: Who Will Foot The Bill," Reinsurance, August 2002.

• "Waiver Ratification and Estoppel in Reinsurance Disputes: When Can a Reinsurer Lose A Defense Before It Is Even Asserted?," Journal of Reinsurance, Spring 2002.

• "Responses to Reinsurance Issues Arising from September 11," For The Defense, January 2002.

• "Issues Facing the Insurance and Reinsurance Industry in the Wake of September 11, 2001," Mealey's Litigation Report, November 2001.

Thomas J. Smedinghoff Edwards Wildman Palmer LLP Partner Chicago +1 312 201 2021 [email protected]

Thomas Smedinghoff is a partner at Edwards Wildman, where his practice focuses Areas of Practice on the new legal issues relating to the developing field of information law and Intellectual Property electronic business activities. Tom is internationally recognized for his leadership in Privacy & Data Protection addressing emerging legal issues regarding electronic transactions, privacy, Technology, Media & information security, and online authentication issues from both a transactional and Telecommunications public policy perspective. He has been retained to structure and implement first-of- their-kind e-commerce initiatives, electronic transactions, and identity management Digital Media and E-Commerce and information security legal infrastructures for the federal government, and Compliance for Risk national and international businesses including banks, insurance companies, Management investment companies, and certification authorities. He has also been actively involved in developing legislation and public policy in the area of electronic business Industries at the state, national, and international levels. Technology Cloud Computing & Managed IT Notable Experience Services • Chair of the American Bar Association Identity Management Legal Task Education Force, and working with private sector, federal government, and University of Michigan, J.D. international organizations to address the challenges of developing an Knox College, B.A., Math identity management legal framework

• Bar Admissions Serves as counsel for companies, government agencies, and trade associations throughout the world in addressing new and developing legal Illinois issues relating to electronic business activities, online electronic transactions, identity management, information security, and data privacy. Memberships United Nations • Has worked extensively with clients in newly developing legal areas such Uniform Law Commission as identity management and online authentication, electronic negotiable American Bar Foundation instruments, digital signatures and voice signatures, PKI, e-notarization, American Bar Association and other unique forms of electronic transactions and e-business activities. International Technology Law Association • Was a pioneer in the subject of PKI and digital signature law, representing International Association of the federal government, national banks, and certification authorities in Privacy Professionals developing first-of-their-kind public key legal infrastructures. Chicago Bar Association • Chaired the Illinois Commission on Electronic Commerce & Crime, and in that capacity wrote the Illinois Electronic Commerce Security Act (enacted in 1998). This Act had a significant influence on national and global e- commerce legislation, including the Uniform Electronic Transactions Act in the U.S., the European Union Electronic Signature Directive, the United Nations UNCITRAL Model Law on Electronic Signatures, the Canadian Personal Information Protection and Electronic Transactions Act, and the Singapore Electronic Transactions Act.

Thomas J. Smedinghoff

• Helped to negotiate the 2005 United Nations Convention on the Use of Electronic Communications in International Contracts as part of the U.S. Delegation to the United Nations Commission on International Trade Law. This is the first international treaty that focuses on general cross-border e- commerce and electronic transactions, and is expected to have a major impact on international business.

• Assisted in development of a new identity management legal structure for browser-based online authentication. Resolved rights, responsibilities, and liabilities of participants in system to allow website users to verify the identity of the company they are dealing with, in order to address the problem of phishing and to promote secure commerce.

Reported Decisions

• Central Point Software, Inc. v. Nugent, 903 F. Supp. 1057; 37 U.S.P.Q.2D (BNA) 1051; Copy. L. Rep. (CCH) P27,478, E.D. Tex. 1995

Professional Activities United Nations

• Member, U.S. Delegation to the United Nations Commission on International Trade Law (UNCITRAL), participating in the Working Group on Electronic Commerce, 1997–present

• Member, World Customs Organization - UNCITRAL Joint Legal Task Force, 2008-present

• Member, Legal Working Group of the United Nations Center for Trade Facilitation and Electronic Business (UN/CEFACT), 2004–present

Uniform Law Commission (National Conference of Commissioners on Uniform State Laws)

• ABA Advisor to Committee to Implement the UN E-Commerce Convention, 2008-present

• ABA Advisor to Drafting Committee on Uniform Electronic Transactions Act (now adopted in 47 states), 1997–1999

State of Illinois

• Chair, Illinois Commission on Electronic Commerce and Crime, 1996–1998

American Bar Foundation

• Fellow, American Bar Foundation, 2004-present

Academic Appointments

• Adjunct Assistant Professor of Business Law, Brennan School of Business, Dominican University, 2004–present

Thomas J. Smedinghoff

• Adjunct Professor, The John Marshall Law School, Chicago, 1985–2002

Editorial Boards

• Member, Board of Editors, BNA Electronic Commerce & Law Report, 2000– present

• Member, Editorial Board, Internet Law & Business, 1999–present

• Member, Board of Editors, Privacy & Data Security Law Journal, 2005– present

• Member, Board of Editors, BNA Privacy & Security Law Report, 2009- present

• Member, Board of Editors, The SciTech Lawyer, ABA Section of Science & Technology Law, 2008-present

American Bar Association

• Chair, Federated Identity Management Legal Task Force, Section of Business Law, 2009–present

• Co-Chair, Cyber Security Subcommittee, Section of Business Law, 2011- present

• Chair, Section of Science & Technology Law, 1999–2000

• Chair, Electronic Commerce Division, Section of Science & Technology Law, 1995–2003

• Chair, International Policy Committee, Section of Science & Technology Law, 2003–2011 International Technology Law Association

International Association of Privacy Professionals

Chicago Bar Association

• Chair, Computer Law Committee, 1984–1985

Recognized In

• Best Lawyers in America 2011 (Information Technology Law)

• Chambers USA 2012: America’s Leading Business Lawyers (Privacy & Data Security Law; Technology Law)

• Chambers Global: The World’s Leading Lawyers 2011 (Technology Law)

• International Who's Who of Internet & e-Commerce Lawyers, 2011 & 2012

Thomas J. Smedinghoff

• Legal Media Group: Guide to the World’s Leading Technology, Media and Telecommunications Lawyers (Information Technology Law)

• Leading Lawyers (Computer & Technology Law; International & Business Trade Law)

• Super Lawyers 2011 and 2013, (Illinois) (Information Technology/Outsourcing, International, Intellectual Property)

• Who’s Who in American Law 2011, Marquis Who’s Who

• Who’s Who in the World 2011, Marquis Who’s Who

Recent Speaking Engagements and Publications Books

• INFORMATION SECURITY LAW: THE EMERGING STANDARD FOR CORPORATE COMPLIANCE, (IT Governance Publishing, 2008).

• ONLINE LAW: THE LEGAL GUIDE TO DOING BUSINESS ON THE INTERNET (editor and principal author); (Addison-Wesley, 1996, 6th printing 2000) (Japanese translation published by Shichiken Publishing Co., 1998).

• MULTIMEDIA LAW HANDBOOK (Wiley Law Publications 1995).

• THE SOFTWARE PUBLISHERS ASSOCIATION LEGAL GUIDE TO MULTIMEDIA (Addison-Wesley, 1994).

• THE LEGAL GUIDE TO DEVELOPING, PROTECTING AND MARKETING SOFTWARE (John Wiley & Sons, Inc. 1986).

Book Chapters

• “Ambiguities in State Security Breach Notification Statutes,” published as chapter in Thomson, Ed., DATA BREACH AND ENCRYPTION HANDBOOK (American Bar Association, 2011)

• "Legal and Regulatory Obligations," published as chapter in Axelrod, Bayuk and Schutzer. Ed, ENTERPRISE INFORMATION: SECURITY AND PRIVACY (Artech House, 2009)

• "Defining the Legal Standard for Information Security: What Does "Reasonable" Security Really Mean?," published as chapter in Chander, Gelman and Radin, Ed., SECURING PRIVACY IN THE INTERNET AGE, (Stanford University Press, 2008) • “Analysis of Article 9 of the United Nations Convention on the Use of Electronic Communications in International Contracts,” and “Role of Information Security in the Electronic Communications Convention,” published as chapters in Boss and Kilian, Ed., THE UNITED NATIONS CONVENTION ON THE USE OF ELECTRONIC COMMUNICATIONS IN INTERNATIONAL CONTRACTS: AN IN-DEPTH GUIDE AND SOURCEBOOK (Kluwer Law International, 2008)

Thomas J. Smedinghoff

• “Structuring International E-Transactions,” published as chapter in “Inside the Minds” book titled INTERNATIONAL TRADE LEGAL STRATEGIES (Aspatore Books, Nov. 2007)

• “Developing a Legally Compliant Corporate Information Security Program,” published as chapter in book titled THE IN-HOUSE COUNSEL’S ESSENTIAL TOOLKIT (American Bar Association, July 2007)

• “E-Commerce Law” (co-author), published as Chapter 29 in 4-volume treatise titled UNITED STATES LAW OF TRADE AND INVESTMENT (William S. Wm. S. Hein & Co, 2001)

• “Creating Enforceable Electronic Transactions” published as chapter in book titled INTERNET LAW FOR THE BUSINESS LAWYER (American Bar Association, 2001).