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Rowe, Todd M. Partner

Rowe, Todd M. Partner

Practice Focus

Todd M. Rowe practices in the field of insurance coverage and has represented insurers in litigation and non-litigation disputes. Todd regularly advises insurers on complex matters, including the resolution of large claims and claims under specialty and commercial insurance lines throughout the country. Specifically, he has been involved in the following:

  • Liability Insurance: Advising insurers on various insurance issues related to third party liability for Bodily injury, property damage, and personal and advertising injury claims. Todd has also counseled clients on specialized claims involving oil and gas industry exposures, complex multi-party large-scale environmental cleanups and professional liability.
  • First Party Claims: Advising clients on pre-suit claims and multi-state litigation related first party property issues.
  • Cyber-Risk Insurance Claims: Working with underwriters on policy provisions and counseling clients on issues in this emerging area of law.

Todd has litigation and counseling experience involving a wide range of complex commercial disputes and business litigation and has also defended a number of automotive-related companies in litigation throughout the country.

Todd counsels Tressler’s corporate industrial clients regarding contract issues, resolving disputes prior to litigation and handling litigation in a number of jurisdictions.

Todd also counsels clients on the potential for cyber risk liability and compliance with state and Federal privacy laws. Todd is a regular contributor to Tressler's Privacy Risk Report blog.

Memberships & Affiliations

  • American Bar Association, Member
  • Illinois State Bar Association, Member
  • Michigan State Bar Association, Member
  • Wisconsin State Bar Association, Member
  • Professional Liability Underwriting Society (PLUS), Member

Publications

Recent Publications

Another Court Finds No Coverage Under CGL Insurance Policy for Data Breach. The Privacy Risk Report. October 4, 2018.

The Neiman Marcus Case is Back and is Causing “Class Warfare”. Privacy Risk Report. September 20, 2018.

New Decision Takes “Accounting” of Expert Witness Findings Related to Data Breach Damages. Privacy Risk Report. September 6, 2018.

"Are Cyber Insurance Policies Being “Spoofed” by Recent Computer Fraud Decisions?" Privacy Risk Report. August 23, 2018.

Recent Slate Article Demonstrates How Cyber Insurance Coverage Litigation May Contribute To Confusion In Cyber Insurance Markets. Privacy Risk Report. August 10, 2018.

Sixth Circuit Decision Shows Limitations Of Computer Crime Policies For Cyber Events. Privacy Risk Report. July 18, 2018. 

Tesla Lawsuit Demonstrates Need To Take Closer Look At “Disruptive” Employees. Privacy Risk Report. June 21, 2018. 

No Breach Required: Illinois Court Finds Providing Biometric Data To Vendor Without Proper Consent May Give Rise To Injury. Privacy Risk Report. June 5, 2018.

Tick Tock: A GDPR Primer To Meet The Deadline Next Week. Privacy Risk Report. May 18, 2018.

Uber Claims Municipal Cyber Security Regulations Run Over State Attorney General’s Authority. Privacy Risk Report.  May 4, 2018. 

Court Finds Virtual Currencies Are “Commodities” Subject To Existing Laws. Privacy Risk Report. March 8, 2018. 

Here It Is: The Decision That Tells Data Collectors Exactly What They Should Have Known Before They Had A Breach. Privacy Risk Report. March 29, 2018. 

Illinois Class Action Suit Highlights Issues When An Employer Allegedly Breaches Employee Data. Privacy Risk Report. March 27, 2018. 

Ironing Out The Wrinkles In Data Legislation: A Case Study. Privacy Risk Report. January 26, 2018. 

California Court Finds Misuse Of Information Is Not A Data Breach. Privacy Risk Report. February 26, 2018.

One-Size Does Not Fit All: Court Finds Not Every Crime Involving A Computer Is A Cyber Crime. Privacy Risk Report. January 2, 2018. 

A Tale Of Two Worlds: 2017 Shows Us That Small Data Collectors May Have Advantages Over Large Data Collectors. Privacy Risk Report. December 20, 2017. 

Claims Against Uber In New Lawsuit Show The Potential For Liability Beyond Not Protecting Data. Privacy Risk Report. November 30, 2017. 

Court Refuses To “Bail Out” Data Breach Plaintiffs By Dismissing Bailment Claim.  Privacy Risk Report. November 2, 2017. 

It May Be Time To Admit That Criminals Will Outpace Privacy Laws. Privacy Risk Report. October 26, 2017. 

Even Though Court Finds No Liability For Monitoring Customers, New Products Show Technology Presents Many Thorny Issues. Privacy Risk Report. October 10, 2017.

The Line Between Obligations To Disclose Information And Obligations To Protect Private Information. Privacy Risk Report. September 29, 2017. 

Responses To Large-Scale Breaches, Such As Equifax, May Need To Be Analyzed In “Phases” By Data Collectors. Privacy Risk Report. September 14, 2017. 

New NIST Standards Allow Courts And Legislatures To Learn The Language Of Data.  Privacy Risk Report. September 6, 2017.

Law Firm Cyber Attack Is Involved In A “Series Of Mistaken Assumptions” . Privacy Risk Report. August 17, 2017.

Class Action Lawsuit Asks Whether Free Apps Were “Goofy” When They Collected Children’s Data. Privacy Risk Report. August 8, 2017. 

2015 Data Breach At Toy Manufacturer VTech Continues To Provide Insight In 2017.  Privacy Risk Report. July 18, 2017. 

Square Pegs: Recent Case Shows Problems With Fitting Cyber Liability Claims Into Law That Is “A Bit Dated” . Privacy Risk Report. July 7, 2017.

Through Thick And Thin: Anthem Breach Shows Lasting Commitment For Data Breach Cases. Privacy Risk Report. June 26, 2017. 

Data Breach Litigation Presents Novel Questions Concerning Federal Civil Procedure.  Privacy Risk Report. June 14, 2017. 

App Users Throw Transit Provider Under The Bus On Privacy Issues And Use Of Data.  Privacy Risk Report. June 1, 2017.

Schnucks Market Decision Discounts Argument That Breach Notification Law Gives Rise To Private Cause Of Action. Privacy Risk Report. May 12, 2017. 

P.F. Chang’s Leftovers: District Court Refuses To Address Motion To Dismiss Again After Seventh Circuit Finds Plaintiffs Have Standing In Data Breach Case. Privacy Risk Report. May 3, 2017. 

Take This Job And Shove It—Oh, But First Can I Get My Family Pictures and iTunes Off My Work Phone? . Privacy Risk Report. April 20, 2017. 

Neiman Marcus Case Settles After Years Of Haggling Over Price Of Data Breach Cases. Privacy Risk Report. April 4, 2017. 

Rowe In Advisen: The WikiLeak’s Data Dump Cannot Be Undervalued By The Insurance Industry. Privacy Risk Report. March 17, 2017. 

Illinois Court Struggles With Biometric Information Stored On The “Cloud” . Privacy Risk Report. March, 10, 2017. 

Face It, We Are Going To See A Lot Of The Illinois’ Biometric Information Protection Act In Courts. Privacy Risk Report. March 3, 2017. 

Use of Biometric Data Enters the Courts. Privacy Risk Report. February 14, 2017. 

Recent Litigation Provides Example of Password Being Possibly Too Safe. Privacy Risk Report. February 3, 2017. 

Court Finds Whistleblower Protection Act Offers No Protection for Auditor That Reports Data Security Issues. Privacy Risk Report. January 26, 2017. 

Recent Case Sheds Light on What Courts May Find Makes Security Measures Reasonable. Privacy Risk Report. January 19, 2017. 

Connecting the Alleged Russian Hacks to Practical Hacktivism Concerns. Privacy Risk Report. January 9, 2017.

A Safe Prediction for 2017: Cyber Security Laws Will Change on January 1, 2017.  Privacy Risk Report. December 15, 2016.

Recent Court Opinion Provides Insight Into Presidential Vote Recount Efforts. Privacy Risk Report. November 28, 2016. 

First Class Hack: Researcher Claims Airplane In-Flight Entertainment Systems Give Path to Flight Controls. Privacy Risk Report. December 22, 2016.

Data Breach Litigation Evolves, Allows the Breaching Entity and the Breaching Entity’s Data Security Vendors to be Named as Defendants. Privacy Risk Report. November 14, 2016. 

Industrial Internet of Things: The Good, The Bad And The Ugly. Privacy Risk Report. November 8, 2016.

Court Rejects Insured’s Attempt at “Selectively Reading” Property Policy to Cover Data Breach. Privacy Risk Report. October 28, 2016.

Court Rejects Insured’s Attempt at “Selectively Reading” Property Policy to Cover Data Breach. The Property Line. October 28, 2016. 

Failure to Redact Personal Information from Court Document Does Not Result in Private Cause of Action. Privacy Risk Report. October 24, 2016. 

Casino’s Lawsuit Shows High Stakes for Breach Response. Privacy Risk Report. October 11, 2016.

Proposed Legislation Provides Tax Cuts for Cyber Insurance and Preparation. Privacy Risk Report. September 28, 2016.

Understanding Issues Related to “Standing” in Data Breach Litigation Provides Insight to Insurers. Specialty Lines Advisory. September 21, 2016. 

Barbie (Still) Can’t Keep a Secret: Toy Makers Enter Settlement Related to “Smart Toys”. Privacy Risk Report. September 16, 2016. 

Understanding Issues Related to “Standing” in Data Breach Litigation Provides Insight to Insurers. Privacy Risk Report. September 15, 2016. 

Cyber Insurance Can Develop Without Centralized Cyber Law. Privacy Risk Report. September 2, 2016. 

Step By Step Analysis of a Response to Recent Ransomware Attack. Privacy Risk Report. August 18, 2016. 

Walk the Plank: Court Finds Pirated Cable Programming Not “Data” in Multimedia Liability Policy. Privacy Risk Report. August 11, 2016. 

Expert Witness Testimony Must Be Accounted for While Valuing Damages in Cyber Cases. Privacy Risk Report. August 1, 2016. 

Courts Begin to Struggle With Issues Presented by the Internet of Things. Privacy Risk Report. July 22, 2016. 

Pokémon Go Provides Opportunity for Insurers to Start Considering New Technology.  Privacy Risk Report. July 11, 2016. 

Nothing to See Here: Underreporting Cyber Security Incidents Impacts Cyber Insurance. Privacy Risk Report. July 8, 2016. 

Claims Handling Does Not Have to Be Perfect to Avoid Bad Faith Claim. Bad Faith Bulletin. June 29, 2016.

Brexit Vote Not Expected to Immediately Impact US Cyber Insurance Marketplace.  Privacy Risk Report. June 28, 2016. 

Home Is Where the Hacker Is: Cyber Coverage Becoming Necessary for Homeowners.  Privacy Risk Report. June 16, 2016.

The Future Is Now: Court Finds No Coverage Under Cyber Policy for P.F. Chang’s Data Breach. Privacy Risk Report. June 9, 2016. 

Spokeo Decision Already Having “Concrete” Impact on Data Breach Class Action Litigation. Privacy Risk Report. June 1, 2016. 

Something Old, Something New: Well-Established First-Party Property Concepts Used in Computer Hacking Coverage Case.The Property Line. May 25, 2016.

Something Old, Something New: Well-Established First-Party Property Concepts Used in Computer Hacking Coverage Case. Privacy Risk Report. May 24, 2016.

New Study Shows How the Collection of Metadata Poses Cyber Security Risk. Privacy Risk Report. May 20, 2016. 

Mozilla’s Firefox Browser Code Creates Privacy Issues in Criminal Proceeding. Privacy Risk Report. May 13, 2016. 

Highway Robbery: Michigan Legislature Debates Penalties for Hacking Motor Vehicles.  Privacy Risk Report. May 2016. 

Law Firms’ Work Product Has No Privileges Against Hackers. Privacy Risk Report. April 25, 2016.

"Early Observations in Portal Healthcare Decision: CGL Coverage for Cyber Claims?".  Privacy Risk Report. April 12, 2016. 

Data Security Gets “Thumbs Down” in New Study Involving Lost Thumb Drives. Privacy Risk Report. April 11, 2016. 

The Rise of Ransomware and Cyberbullying Insurance. Privacy Risk Report. April 6, 2016.

Still A Lot to Learn From Numerous Healthcare Breaches. Privacy Risk Report. March 28, 2016. 

Low-Tech Solutions To High-Tech Cyber Security Problems. Privacy Risk Report. March 17, 2016. 

Marijuana Covered Under Property Policy: Insurers Must Consider Other Factors in Claims Adjusting. The Property Line. March 4, 2016. 

Apple’s Privacy Battle – Early Observations for Litigation and Insurance. Privacy Risk Report. March 1, 2016. 

Auto Insurers Must Stay on Course With Driverless Vehicle Developments. Privacy Risk Report. February 23, 2016. 

Anatomy of a Cyber Fraud Incident: Recent Fraud Impacts Company’s Bottom Line Within a Few Weeks. Privacy Risk Report. February 10, 2016. 

First-Party Insurance Claims Related to the “Internet of Things” an Emerging Issue for 2016. The Property Line. February 3, 2016.

Cyber Risk: Hackers May Score Big at Super Bowl. Privacy Risk Report. February 3, 2016.

First-Party Insurance Claims Related to the “Internet of Things” an Emerging Issue for 2016. Privacy Risk Report. January 27, 2016. 

Place Your Bets: Casino Sues Data Security Investigator After Breach. Privacy Risk Report. January 20, 2016.

District Court Examines Cyber Insurer’s Obligation to Investigate Claims Prior to Suit. Privacy Risk Report. January 14, 2016. 

Cyber Insurance Lawsuit Demonstrates Need to Coordinate on Cyber Risks. Privacy Risk Report. January 8, 2016.