Column: Risk Management

Retooling Reschooling

By: | May 2, 2017 • 3 min read
Joanna Makomaski is a specialist in innovative enterprise risk management methods and implementation techniques. She can be reached at [email protected]
Topics: ERM | May 2017 Issue

I fondly remember my high school home economics classes where we learned to cook, sew and do wood work. In fact, my high school years were on the cusp of the gender shift, when girls were finally allowed to join the boys in wood working classes.

We also had an elective class where we could learn to type using a typewriter — that crazy contraption that was thought only to be a fad and for which I saw little future use.

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I never did take the typing class.

Fast forward to today — how deeply I regret my naive, limited thinking and decision. How I wish I took those 8th grade typing classes. There isn’t an hour of any day when I am not hunting-and-pecking at a keyboard. How I still suffer.

It is clear the world around us is ever changing. How we do and make things, how we make money is changing — ever evolving. Tools are smarter, more connected, intuitive.

Like it or not, we have entered the high speed digital transformation highway and there is little room for a U-turn for any industry.

This is a transformation affecting all of our computing devices and tools — devices that connect to each other, talk, take directions from each other, and learn lessons, each exploiting the deep pool of data they collect and store. Technology research firm Gartner suggested that by 2020 there will be more than 26 billion connected devices globally.

This new technological paradigm takes advantage of rapidly growing internet connectivity and rich data. It is poised to drive out inefficiencies, optimize resources and (ideally) help workers do their jobs better and more safely.

Like it or not, we have entered the high speed digital transformation highway and there is little room for a U-turn for any industry.

Brilliant risk management capabilities such as personal protective clothing that is equipped with worker vital sign sensors have now been unlocked.

This sensor data empowers field, remote and centralized workers in real time, allowing critical information to be shared with support entities, including emergency responders if the worker experiences any health issues. This used to be equipment reserved only for science fiction movies or space exploration.

Even with this blunt reality unfolding before our eyes, very important people seem to be resisting change. Maybe out of pure politics or nostalgia for simpler times we see attempts to resurrect industries and jobs that are no longer viable.

Maybe some don’t realize that keeping dying jobs alive on life-support systems such as subsidies and incentives is simply unsustainable.

There is no question that this technology transformation can empower some workers; but it also threatens others. This can put at risk traditional roles, leaving workers behind.

Such a technological transformation cannot occur without a wholesale cultural transformation. Digitization is indeed a change of tools, but it is also a change of workplace models, hierarchical relationships, customer experiences, competitors and most importantly, mind-set.

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To be successful, culture change starts at the top. Leadership and a devoted implementation team are prerequisites to effectively move an organization to a more flexible, less hierarchical, more autonomous digital culture where employees can truly be creative. A workplace environment not to be feared, but revered.

Knowing this, getting early worker engagement, retraining and finding new ways to adapt existing skills should be much easier.

Just because the typewriters left the shop floor doesn’t mean you can’t adapt and develop digital skills such as using a digital speech interface to do all your typing. &

More from Risk & Insurance

More from Risk & Insurance

Cyber Liability

Fresh Worries for Boards of Directors

New cyber security regulations increase exposure for directors and officers at financial institutions.
By: | June 1, 2017 • 6 min read

Boards of directors could face a fresh wave of directors and officers (D&O) claims following the introduction of tough new cybersecurity rules for financial institutions by The New York State Department of Financial Services (DFS).

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Prompted by recent high profile cyber attacks on JPMorgan Chase, Sony, Target, and others, the state regulations are the first of their kind and went into effect on March 1.

The new rules require banks, insurers and other financial institutions to establish an enterprise-wide cybersecurity program and adopt a written policy that must be reviewed by the board and approved by a senior officer annually.

The regulation also requires the more than 3,000 financial services firms operating in the state to appoint a chief information security officer to oversee the program, to report possible breaches within 72 hours, and to ensure that third-party vendors meet the new standards.

Companies will have until September 1 to comply with most of the new requirements, and beginning February 15, 2018, they will have to submit an annual certification of compliance.

The responsibility for cybersecurity will now fall squarely on the board and senior management actively overseeing the entity’s overall program. Some experts fear that the D&O insurance market is far from prepared to absorb this risk.

“The new rules could raise compliance risks for financial institutions and, in turn, premiums and loss potential for D&O insurance underwriters,” warned Fitch Ratings in a statement. “If management and directors of financial institutions that experience future cyber incidents are subsequently found to be noncompliant with the New York regulations, then they will be more exposed to litigation that would be covered under professional liability policies.”

D&O Challenge

Judy Selby, managing director in BDO Consulting’s technology advisory services practice, said that while many directors and officers rely on a CISO to deal with cybersecurity, under the new rules the buck stops with the board.

“The common refrain I hear from directors and officers is ‘we have a great IT guy or CIO,’ and while it’s important to have them in place, as the board, they are ultimately responsible for cybersecurity oversight,” she said.

William Kelly, senior vice president, underwriting, Argo Pro

William Kelly, senior vice president, underwriting at Argo Pro, said that unknown cyber threats, untested policy language and developing case laws would all make it more difficult for the D&O market to respond accurately to any such new claims.

“Insurers will need to account for the increased exposures presented by these new regulations and charge appropriately for such added exposure,” he said.

Going forward, said Larry Hamilton, partner at Mayer Brown, D&O underwriters also need to scrutinize a company’s compliance with the regulations.

“To the extent that this risk was not adequately taken into account in the first place in the underwriting of in-force D&O policies, there could be unanticipated additional exposure for the D&O insurers,” he said.

Michelle Lopilato, Hub International’s director of cyber and technology solutions, added that some carriers may offer more coverage, while others may pull back.

“How the markets react will evolve as we see how involved the department becomes in investigating and fining financial institutions for noncompliance and its result on the balance sheet and dividends,” she said.

Christopher Keegan, senior managing director at Beecher Carlson, said that by setting a benchmark, the new rules would make it easier for claimants to make a case that the company had been negligent.

“If stock prices drop, then this makes it easier for class action lawyers to make their cases in D&O situations,” he said. “As a result, D&O carriers may see an uptick in cases against their insureds and an easier path for plaintiffs to show that the company did not meet its duty of care.”

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One area that regulators and plaintiffs might seize upon is the certification compliance requirement, according to Rob Yellen, executive vice president, D&O and fiduciary liability product leader, FINEX at Willis Towers Watson.

“A mere inaccuracy in a certification could result in criminal enforcement, in which case it would then become a boardroom issue,” he said.

A big grey area, however, said Shiraz Saeed, national practice leader for cyber risk at Starr Companies, is determining if a violation is a cyber or management liability issue in the first place.

“The complication arises when a company only has D&O coverage, but it doesn’t have a cyber policy and then they have to try and push all the claims down the D&O route, irrespective of their nature,” he said.

“Insurers, on their part, will need to account for the increased exposures presented by these new regulations and charge appropriately for such added exposure.” — William Kelly, senior vice president, underwriting, Argo Pro

Jim McCue, managing director at Aon’s financial services group, said many small and mid-size businesses may struggle to comply with the new rules in time.

“It’s going to be a steep learning curve and a lot of work in terms of preparedness and the implementation of a highly detailed cyber security program, risk assessment and response plan, all by September 2017,” he said.

The new regulation also has the potential to impact third parties including accounting, law, IT and even maintenance and repair firms who have access to a company’s information systems and personal data, said Keegan.

“That can include everyone from IT vendors to the people who maintain the building’s air conditioning,” he said.

New Models

Others have followed New York’s lead, with similar regulations being considered across federal, state and non-governmental regulators.

The National Association of Insurance Commissioners’ Cyber-security Taskforce has proposed an insurance data security model law that establishes exclusive standards for data security and investigation, and notification of a breach of data security for insurance providers.

Once enacted, each state would be free to adopt the new law, however, “our main concern is if regulators in different states start to adopt different standards from each other,” said Alex Hageli, director, personal lines policy at the Property Casualty Insurers Association of America.

“It would only serve to make compliance harder, increase the cost of burden on companies, and at the end of the day it doesn’t really help anybody.”

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Richard Morris, partner at law firm Herrick, Feinstein LLP, said companies need to review their current cybersecurity program with their chief technology officer or IT provider.

“Companies should assess whether their current technology budget is adequate and consider what investments will be required in 2017 to keep up with regulatory and market expectations,” he said. “They should also review and assess the adequacy of insurance policies with respect to coverages, deductibles and other limitations.”

Adam Hamm, former NAIC chair and MD of Protiviti’s risk and compliance practice, added: “With New York’s new cyber regulation, this is a sea change from where we were a couple of years ago and it’s soon going to become the new norm for regulating cyber security.” &

Alex Wright is a U.K.-based business journalist, who previously was deputy business editor at The Royal Gazette in Bermuda. You can reach him at [email protected]