Page 34 - November 2019 BarJournal
P. 34

CYBERSECURITY, DATA PRIVACY
                    FEATURE & EMERGING TECHNOLOGIES




        ASSESSING DAMAGES AND               filing deadlines (e.g., 60 days from date   notice. To be prepared, organizations
        PREPARING THE PROOF OF LOSS         of incident). In addition to utilizing   should take proactive measures in
        A Proof of Loss is an insurance claim   employees to assist in preparing the report,   planning a good offensive strategy and
        from the insured company to the insurer.   consideration should also be given to   having a solid Response Plan in place.
        Victim organizations will need to work   engaging outside legal counsel and experts
        towards assessing damages required   to support a substantiated insurance
        to support the Proof of Loss. Damages   recovery claim. The victim company
                                            should notify the affected parties in a data   Christine  M.  Meador  is  a
                                            breach if required (e.g., “The presence      forensic accountant at Medica,
                    Whether you are a  of ransomware on a covered entity’s               LLC.  She  has  extensive
              basic user or a business,     computer or business associate’s computer    experience  in  accounting,
                                                                                         budget development, grant
          ransomware attacks do not         is a security incident under the HIPAA   work, financial reporting, internal controls,
                                            Security Rule.” https://www.hhs.gov/sites/
        differentiate between victims.  default/files/RansomwareFactSheet.pdf).   financial  analysis  and  litigation  support.
                                              In the event an organization is   Christine  focuses  on  assisting  nonprofits
                                            not satisfied with results, such as the   and  other  organizations  with  fraud
        may include lost profits associated with   insurance company’s financial calculation   prevention,  detection  and  forensic
        not being able to operate a business due   of lost profits, the wise move would be   investigations. Christine has been a CMBA
        to computer systems not functioning   to get a second opinion. Furthermore, if   member since 2017. She can be reached at
        as well as “extra costs” incurred by the   the company is not receiving the proper   cmeador@medicacpa.com.
        organization in order to operate its   assistance, there is always the option to
        business, such as hiring additional IT   file in the courts to recover losses.  A special thanks to the FBI Cleveland
        professionals to mitigate damages.    As reports of ransomware attacks   Field Office for contributions with FBI
          In  preparing  the claim,  it  is  critical   continue to grow, victim companies,   recommendations and to Dennis Medica
        to know what your policy offers in   experts and law enforcement agencies   with Proof of Loss and insurance policy
        advance, such as hiring of experts and   urge organizations to prepare and take   recommendations.



















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