The National Law Journal named McGuireWoods partner Stephen Foresta to its inaugural list of Insurance Law Trailblazers for his significant achievements representing corporate clients in insurance recovery matters. He was profiled in a special supplement published March 1, 2021.
Based in New York, Foresta represents clients in complex commercial litigation, including insurance recovery, life settlement disputes, and mass tort and product liability actions. In the NLJ profile, Foresta discussed his role in one of the first major cases to address data breach insurance coverage and explained how the COVID-19 pandemic will give rise to litigation over business interruption claims.
“I am honored to be included in this select group of lawyers who have made their mark in insurance law and grateful to my McGuireWoods colleagues for their support,” Foresta said.
Foresta represented Sony and several affiliated companies in litigation arising from the 2011 data breach of Sony’s online gaming network. The case settled after Foresta argued the appeal of a summary judgment motion before the New York State Appellate Division in 2015.
“The case was brought under a general liability policy without a specific inclusion for data, but we argued that the publication of personal information was covered under that policy language,” Foresta said. “It was apparent that cyber insurance coverage disputes would be an area that would grow.”
Foresta also told the NLJ that he anticipates more COVID-19 business interruption cases to be filed and for litigation to last for years.
“Litigation around business claims is in its infancy, with many waiting to see how early decisions play out,” he said.