The Matrix

In March 2023, the White House released the National Cybersecurity Strategy, which details the Biden administration’s policy and agency directives to strengthen U.S. cybersecurity across the public and private sectors. Cybersecurity regulations and cybersecurity responses affect both U.S. national security as well as the security and stability of U.S. businesses and individuals. The 2023 National Cybersecurity Strategy replaces the 2018 National Cyber Strategy set forth under the Trump administration and builds on the 2008 Comprehensive National Cybersecurity Initiative set forth under the Obama administration.  

Corporate policyholders, insurers and courts continue to grapple with the question of whether traditional “non-cyber” business insurance policies provide coverage for losses from cyberattacks.  The most recent decision addressing this “silent cyber” issue came last month in EMOI Services, LLC v. Owners Insurance Company, 2021 -Ohio- 3942, 2021 WL 5144828 (Ohio App. 2 Dist., Nov. 5, 2021).  In EMOI Services, an Ohio Court of Appeals panel reversed a trial court’s grant of summary judgment in favor of an insurer that found no coverage for a ransomware attack under a property insurance policy.