Brian Cafritz Featured on AM Best Podcast Discussing Legal Challenges Related to Restroom Access for Transgender Guests

AM Best, the oldest and most widely recognized provider of ratings, financial data and news with an exclusive insurance industry focus, recently featured KPM’s Brian Cafritz on their “Best’s Directories Insurance Law Podcast.”  Brian has been closely following news and rulings related to restroom access for transgender individuals.  Listen to the podcast here or view the transcript below.  You can follow Brian on Twitter at @briancafritz. John Czuba: Welcome to the “Insurance Law Podcast,” the broadcast about timely and important legal issues effecting the insurance industry. I’m John Czuba, managing editor of Best’s Directory of Recommended Insurance Attorneys. We’re pleased to have with us today attorney Brian Cafritz from KPM LAW in Richmond, Virginia, with additional offices in Fairfax, Norfolk, and Roanoke, Virginia. Brian is a partner in the firm, and helped to expand the firm’s regional defense network. He focuses his practice on the defense of Fortune 500 companies that operate under large self-insured retentions. He co-founded the National Retail and Restaurant Defense Association to promote the education and communication channels of industry leaders and counsel. Brian was elected to the first two terms as the association’s first president. He is also the only Virginia attorney selected to IALDA, a defense network dedicated to the defense of the amusements and leisure industry. We’re very pleased to have you with us today, Brian. Brian Cafritz:  Thank you very much, proud to be here. John:  Today’s topic is on legal issues pertaining to transgender restrooms, and Brian this has been a very topical issue of late, can you comment on which states have been the most impacted? How common is...

Duty to Defend in Data Breach Cases

Written by Beth Gould, Esq. Companies increasingly face competing demands and challenges associated with the desire to provide convenient online spaces for their clients to conduct business while also ensuring those spaces are safe from data breaches.  We are all familiar with, and seem to constantly hear about, data breaches due to intentional hacking by third parties who seek access to companies’ websites and other online databases in order to steal consumers’ information.  However, there are also more passive data breaches which can occur due to a company failing to fully secure an online space.  In the latter case, rather than a third party actively seeking entry into a companies’ online consumer information, a company may inadvertently fail to shore up a vulnerability in an online space it provides to its consumers, potentially leaving consumer information available to the public.  Both types of data breach are risks which an insurer may consider insuring or may wish to forego insuring.  If an insurer wishes to forego covering either, or both, sort of data breach, it must clearly address that when drafting its policy.  The United States Court of Appeals for the Fourth Circuit recently considered a case involving a passive sort of data breach, affirming in an unpublished opinion that under the applicable insurance policies, a healthcare recordkeeping company must be accorded a defense by its insurer against claims by consumers that the company had made consumers’ private healthcare information accessible online to the general public. On April 11, 2016, the Fourth Circuit Court of Appeals ruled on an appeal by the plaintiff in the declaratory judgment action, Travelers Indemnity...

Matt Daly, Jessica Relyea Promoted to Partner

KPM LAW continues to benefit from the talent of a bright and eager crop of young attorneys who bring to the firm fresh ideas, who enhance the firm’s tried and true experience, and who represent our next generation of leaders.  It is with great pride that we announce Matt Daly and Jessica Relyea’s promotion to partner.  Both have proven legal acumen in addition to an exceptional capacity for embracing new projects and initiatives, developing meaningful business relationships, and driving the firm forward.  Please join us in celebrating their well-deserved promotions and wishing them continued success at KPM...