Michael V. Silvestro
OverviewMichael Silvestro is coverage and litigation counsel on a wide range of first-party and third-party policy programs for domestic and international insurers and reinsurers. He focuses on complex property, construction, energy, builder’s risk and cyber risk insurance coverage and related litigation. Michael represents clients in all aspects of civil litigation and appeals as well as alternative dispute resolution proceedings, including appraisals and arbitrations, and administrative proceedings.
Michael advises insurance markets on significant losses concerning catastrophic events in the U.S. and abroad. Examples of the types of catastrophes in which he works include hurricanes and other natural disasters; crane, bridge, and building collapses; construction defect claims; machinery and equipment breakdowns; and cyber incidents. Michael often counsels on matters involving quota share programs, manuscript forms, and fronting arrangements.
A substantial part of Michael’s practice focuses on data security and privacy issues. Michael has broad experience with related emerging issues, including U.S. and international legal regulatory compliance and enforcement; data breaches, ransomware attacks, and associated economic impacts; artificial intelligence and machine learning; and the collection and use of biometric data. Michael has also assisted insurers in drafting and interpreting various cyber insurance policies.
Michael writes and speaks frequently on a variety of legal issues concerning insurance and data security and privacy law. He is the chair of the ABA Cyberspace Law Committee’s Current Law Task Force and holds a CIPP/US certification from the International Association of Privacy Professionals (IAPP). Michael also co-authored a chapter on cyber risk management and insurance in an award-winning treatise on data security and privacy law, now in its second edition.
- Massachusetts Super Lawyers, Rising Stars, 2013-2014
- Illinois Super Lawyers, Rising Stars, 2017-2018
- International Association of Privacy Professionals, Certified Information Privacy Professional (CIPP/US).
- American Bar Association, Member.
- Western Loss Association, Member.
- Professional Liability Underwriting Society (PLUS), Member.
- Cyber Risk Insurance and Risk Management, excerpted from Data Security and Privacy in Massachusetts, MCLE, 2d ed. 2018, Co-Author.
- Department of Commerce Provides Update on Recent Developments Concerning the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, Business Law Today, American Bar Association, May 2018, Author.
- US Senators Propose Data Privacy CONSENT Act Requiring Opt-In Consent, Cyberspace Law Newsletter, American Bar Association, May 2018, Author.
- Presentation at ABA Cyberspace Law Institute: Legal Issues Presented by Artificial Intelligence Connected to the Internet of Things (2018), Panelist.
- French Regulators Give Facebook and WhatsApp 30 Days to Comply with French Data Protection Act, Business Law Today, American Bar Association, January 2018, Author.
- Germany’s Antitrust Regulator Challenges Facebook Data Collection, Business Law Today, American Bar Association, January 2018, Author.
- Vermont Attorney General Imposes Fine for Data Breach, Business Law Today, American Bar Association, December 2017, Author.
- Presentation at ABA Business Law Section Annual Meeting: Intelligent Eavesdropping: Legal Issues Raised by Digital Personal Assistants and Artificial Intelligence (2017), Panelist.
- Presentation at Western Loss Association Fall Conference: Adjustment Issues in Delay in Start-Up (DSU) Insurance Claims (2017), Presenter.
- “Alexa, Do You Have Rights?”: Legal Issues Posed by Voice-Controlled Devices and the Data They Create, Business Law Today, American Bar Association, July 2017, Co-Author.
- Presentation: Adjustment Issues in Measuring the Period of Restoration for Complex Time Element Claims (2017), Presenter.
- Emerging Trends as Cyber Insurance Comes of Age, Cyber Security Practitioner, February 2017, Co-Author.
- When 1 Progressive Loss Ends And Another Begins, Law360, January 20, 2017, Co-Author.
- “Who Am I Talking To?”— The Regulation of Voice Data Collected by Connected Consumer Products, Business Law Today, American Bar Association, May 2016, Co-Author.
- Presentation at Western Loss Association Fall Conference: Common Issues In Business Interruption & Other Time Element Claims (2016), Panel Moderator.
- Presentation at Western Loss Association Fall Conference: Timeline & Delay Analysis In Time Element Claims (2016), Panel Moderator.
- Cyber Risk Insurance and Risk Management, excerpted from Data Security and Privacy in Massachusetts, MCLE, 2015, Author. (Winner, Association for Continuing Legal Education’s “ACLEA’s Best” Award, 2016).
- Webinar: Cyber Risk Insurance: Complex Risks and Emerging Coverages (2015), Presenter.
- Breaking Down the Collapse Doctrine in Washington, Law360, Aug. 29, 2014, Author.
- NY Insurance Cases Cut Back Consequential Damages Claims, Law360, June 4, 2014, Author.
- Presentation at Boston Bar Association: Cyber Risk Insurance: Surging Demand and Evolving Law (2014), Presenter.
- Presentation at Boston College Law School: International Insurance and Reinsurance (2014), Guest Lecturer.
- Be Careful with NY Honorable Engagement Provisions, Law360, Feb. 20, 2013, Author.
- Presentation at Lloyd's Under 30s, Atlanta: Mock Trial and Mediation Program (2013), Presenter.
- Causation and Anti-Concurrent Issues in Connection with Superstorm Sandy, DecPage – Vol. 4, Issue I, Dec. 2012, Author.
- Important New York Decision Regarding Coverage for Asbestos-Related Non-Products Liability Claims, Executive View Insurance & Risk Management Digital Guide, 2010, Author.
February 24, 2017John Black and Michael Silvestro co-authored an article, “Emerging Trends as Cyber Insurance Comes of Age,” published in the February 24, 2017 edition of Cyber Security Practitioner. The article discusses the maturation of the cyber insurance market, the interplay between cyber and other traditional insurance policies, and innovative technological approaches to evaluating cyber risks.
January 20, 2017William Kolb and Michael Silvestro published an article in Law360 discussing progressive loss scenarios in property loss claims. The article discusses recent case law developments and the role of expert evidence in obtaining summary judgment.
N.D. Ill. Holds No Article III Standing Where Only Technical Violation of Biometric Privacy Law Was AllegedSeptember 7, 2016Appearing in the ABA Cyberspace Law Committee Newsletter, Michael Silvestro’s article “N.D. Ill. Holds No Article III Standing Where Only Technical Violation of Biometric Privacy Law Was Alleged.”
May 19, 2016John Black and Michael Silvestro co-authored an article entitled “Who Am I Talking To?”— The Regulation of Voice Data Collected by Connected Consumer Products that was published in the May 2016 edition of the American Bar Association’s (ABA) Business Law Today magazine.
December 1, 2015Michael Silvestro has co-authored a chapter on “Cyber Risk Insurance and Risk Management” that was published in the December 2015 edition of the legal treatise “Data Security and Privacy in Massachusetts”.
10/20/2017Michael Silvestro will speak at the Western Loss Association’s Annual Conference on October 20, 2017 in Delavan, Wisconsin.
ABA Business Law Section Annual Meeting – “Intelligent Eavesdropping: Legal Issues Raised by Digital Personal Assistants and Artificial Intelligence”09/16/2017Michael Silvestro will speak at the American Bar Association’s Business Law Section Annual Meeting on September 16, 2017.
09/22/2016On September 22, 2016, Mike Silvestro and Bill Kolb will be jointly moderating two panel presentations at the Western Loss Association’s Fall Conference at the Lake Lawn Resort in Delavan, Wisconsin.
03/16/2016On March 16, 2016, Dawn Maruna and Michael Silvestro presented on “Essential Practices for Information Security Governance and the Role of Cyber Risk Insurance” at the 2016 AgFirst Farm Credit Bank Compliance Conference in Asheville, North Carolina.