Lori S. Nugent Shareholder Privacy and Data Security Intellectual Property & Technology nugentl@gtlaw.com Direct:

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1 Lori S. Nugent Shareholder Privacy and Data Security Intellectual Property & Technology Direct: Dallas 2200 Ross Avenue Suite 5200 Dallas, TX T F Lori S. Nugent focuses her practice on data security and cyber liability, as well as punitive damages. She has served as a first responder, addressing hundreds of data security incidents and breaches and has handled a wide variety of other issues related to computer technology, including privacy violations, media liability, cybersecurity preparedness and governance. She is experienced in managing data breach situations in a manner that protects client brands in the aftermath of a data breach. Lori counsels clients on a wide range of matters and works with boards of directors, outside consultants, and management teams to develop plans to address a company's data security and privacy risks. She is also experienced resolving disputes that stem from data breaches through mediation, negotiation, litigation and arbitration. In the late 1990s, Lori was involved in crafting some of the first cyber insurance policies, helping companies to obtain balance sheet protection for losses stemming from computer misuse. She continues to collaborate with insurers, brokers and companies to enhance and create insurance solutions to protect companies from the negative financial impact of cyber liabilities, including data breaches. In regards to punitive damages, Lori has obtained results favorable to clients in post-verdict motions and appeals, resulting in reversals and re-trials in numerous cases venued in a wide variety of jurisdictions. Her punitive damages experience includes disputes involving employment practices, product liability, professional liability and bad faith matters. Areas of Concentration Responding to information security incidents and data breaches Advising companies on cybersecurity governance Preparing key cybersecurity regulatory compliance documentation, including privacy policies, written information security plans and breach response plans Developing tailored breach response plans for companies that work together and share sensitive data Defending companies in regulatory investigations involving data breaches and privacy issues Defending companies in class action litigation stemming from data breaches and privacy violations Serving as punitive damages counsel, crafting specially focused punitive damages defenses, protecting the record for post-verdict and appellate arguments, defending post-verdict motions and appeals on punitive damages issues, and serving as punitive damages counsel in settlement negotiations Significant Representations Cyber Liability Breach Response Aided a Fortune 100 hospitality company in response to the breach of a large customer database. Analyzed and confirmed the scope of the breach, created a customized call centering protocol to assist individuals who may have been impacted, and arranged for identity restoration services. Represented an accountant with an international tax practice whose computers were stolen out of his office. Provided communication to notify the accountant s clients, determined the scale of the breach, and arranged with an outside vendor an identity restoration solution. Led a team of attorneys in a breach response for a health care facility. Obtained identity restoration services after a hard drive with key data was stolen and ensured compliance with breach notification laws. Addressed HIPAA issues and coordinated with local regulators.

2 Punitive Damages Acted as special counsel following an oil spill against an oil refinery on the appeal of punitive damages assessed. Class action plaintiffs asserted that punitive damages should be assessed based on either Texas or Oklahoma law, even though the spill took place in Louisiana. Argued that constitutional challenges to the award of punitive damages based on the laws of Oklahoma or Texas without applying the protections inherent in those jurisdictions punitive damages constructs and without specifying which jurisdiction s law applied. The Supreme Court of Louisiana reversed the award of punitive damages in a 2012 verdict. Acted as counsel of record in the appeal of a punitive damages award that resulted in the death of a mother who did not receive a timely blood transfusion during surgery for a hospital defendant. Handled punitive damages portion of the appeal with local counsel focused on compensatory issues. Also obtained friend of the court support from the Kentucky Chamber of Commerce as well as a competing hospital. Argued on appeal that by statute, punitive damages cannot be assessed in Kentucky absent proof that the corporate defendant participated in, ratified or authorized a specific employee s wrongful conduct. The Supreme Court of Kentucky reversed the lower court and held that punitive damages were not warranted against the hospital, as it was not complicit in the conduct of the nurse and blood bank employees who were found responsible for the delay in obtaining blood during surgery in a 2011 verdict. Acted as punitive damages counsel for appeal and post-verdict motions of record-setting punitive damages award assessed against a hospital in New Mexico. After post-verdict investigation, determined that a juror failed to disclose his bias against hospitals during voir dire, including the fact that his wages were being garnished by a hospital during the trial. Obtained testimony and created a trial court record that the juror encouraged other jurors during jury deliberations to "get this hospital." Obtained a supersedeas bond of 50 percent less than the statutory amount and a stay of judgment. Acted as punitive damages counsel for a global chemical company facing a class action stemming from the release of airborne chemicals over a residential area. Prosecuted a punitive damages offense, including challenges to financials and trial phasing as well as a variety of constitutional and factual challenges. Resulted in a pretrial settlement at approximately 10 percent of plaintiffs demand prior to our retention. The above representations were handled by Ms. Nugent prior to her joining Greenberg Traurig, LLP. Professional & Community Involvement Member, Claims & Litigation Management Alliance (CLM) Awards & Recognition Listed, Leading Lawyers Network, 2015 Listed, Business Insurance magazine, "Woman to Watch," 2006 Listed, Best s Review, "People to Watch," 2002 Articles, Publications & Lectures Articles Quoted, "Candour: The Best Defense Against Cyber Attack," Guardian UK, June 17, 2011 Quoted, "Firms Adjust to Hacks," Wall Street Journal, June 17, 2011 Author, "Dark Side of the Internet," American Agent & Broker, April 6, 2010 Author, "A Bad Faith Storm is Brewing," Journal of Reinsurance, Vol. 16, No. 3, Summer 2009 Author, "Managing Transactional Risk Roundtable," Financier Worldwide, Issue 64, April 2008 Author, "Attacking the Root of the Punitive Damages Problem," The National Law Journal, April 2007 Author, "Hidden Litigation Litigation Can Make a Good Deal Look Bad," Executive Counsel, Volume 4, Number 2, March/April 2007 Participant, "Debating Punitive Damage," Legal Banter, Wall Street Journal s first live blog debate, August 14, 2006

3 Lectures Speaker, "How to Negotiate and Buy Effective Cyber Insurance Coverage," A Business Insurance Webinar, March 17, 2015 Speaker, "Enterprise Management Mobility and Good Security Practices," California Teacher s Union, December 15, 2014 Speaker, "Finding the Right Balance: Cybersecurity Dialog," Arizona School Risk Retention Trust Community College Risk Management Summit, Phoenix, AZ, November 6, 2014 Co-Presenter, "Cybersecurity: Practical Tips for Meaningful Board Oversight, Helping the Board Understand the Risks," Western Regional Conference Society of Corporate Secretaries & Governance Professionals, September 22, 2014 Co-Chair, 2014 Plus Cyber Symposium, September 2014 Speaker, "Cyber Insurance: What You Need to Know in 2014," LIVE Webcast, July 28, 2014 Speaker, "Avoiding Cyber Security Pitfalls: Tips for Protecting the Bottom Line from Data Breach at the Contracting Stage," National Association of State Procurement Officers 2013 Annual Conference, Denver, CO, September 22, 2013 Speaker, "How a Breach Notification Should Work," PLUS Professional Risk Symposium, June 6, 2013 Speaker, "Who s Peeking into Your Privacy? An In-Depth Look into Social Media," Claims Litigation Management Alliance, May 2, 2013 Speaker, "Cyber Attacks: Protecting Your Bottom Line," Insurance Festival: Managing Risk in a World Without Borders, CPCU & RIMS, October 16, 2012 Speaker, "What Do Risk & Insurance Managers See As the Biggest Threats and Exposures in the Cyber Space, and Are Insurers Addressing These Concerns?" 2nd Annual C5 Forum on Cyber Risk & Data Protection Insurance, October 9, 2012 Speaker, "Litigation Round Up: Using Recent Cases and Class Actions to Assess What Breaches & Resulting Claims Are Worth," 6th National Advanced Forum on Cyber and Data Risk Insurance, American Conference Institute, September 27, 2012 Speaker, "Negotiating and Drafting Cyber Risk Provisions and Policies," 6th National Advanced Forum, American Conference Institute, September 27, 2012 Speaker, "Cyber Update and New Cyber Services," BCS Insurance Company and Plan s Liability Insurance Company Professional Liability Conference, September 5, 2012 Speaker, "Cyber Liability: A View from the Trenches," Property Casualty 360 Webinar, August 28, 2012 Speaker, "Data Security and Privacy: Attacks, Trends and Evaluation," Perrins Legal Conference Webinar, July 24, 2012 Cyber Smarts: Keeping Your Data Secure - Protecting Your Business in 2012," June 20, 2012 Speaker, "Breach Preparedness: Facilitated Executive Overview," Asset Protection Conference, Food Marketing Institute, May 7, 2012 Speaker, "What Constitutes Injury in Fact in a Data Breach Case?" Cyber Liabilities Insurance ExecuSummit, April 25, 2012 Speaker, "Careful What You Keep: Consumer Class Actions on Tracking with Cookies, Zip Codes and Social Media," DRI Product Liability Conference, April 12, 2012 Speaker, "Managing Your Employees New Media Activity: Steps to Minimize Social Media Risks," The Knowledge Congress Webcast, April 2, 2012 Speaker, " Cyber Liability for Hedge Fund and Private Equity Fund Managers," Jamison Webinar, February 14, 2012 Speaker, "Cyber Risks: Beyond Insurance," Shelter Island Risk Services Webinar, January 31, 2012 Speaker, "Cloud Computing Agreements: Negotiating, Evaluating or Running Away," eplace Solutions, Inc.

4 Webinar, June 15, 2011 Speaker, "Preparing and Updating Your Business Associate Agreement: How HITECH and A Year of Experience Should Change How You Should View the BAA," eplace Solutions, Inc. Webinar, March 20, 2010 Speaker, "Social Networking," Association of Professional Insurance Women New York Chapter, New York, NY, October 14, 2010 Speaker, "The Brave New World: Cyber Liability," Lloyd s Market Association, New York, NY, October 5, 2010 Co-Presenter, "Contractual Risk Transfer: Privacy Breaches and Identity Theft" and "Workshop: Negotiating and Drafting Cyber Risk Provisions and Policies," 4th National Advanced Forum on Cyber and Data Risk Insurance, American Conference Institute, New York, NY, September 28, 2010 Co-Presenter, "Containing Punitive Damages," Full Council Meeting, National Council of Healthcare Agents, Chicago, IL, September 21, 2010 Co-Presenter, "Health Information Privacy for Risk Managers," AON webinar, August 10, 2010 Co-Presenter, "HITECH Implementation and Cyber Risk Management Practices," Lexington Insurance Webinar, June 23, 2010 Co-Presenter, "Privacy and Security Exposure: Practical Concerns for Law Firms," Jamison Cyber-Liability Webinar, June 18, 2010 Speaker, "Data Breach: Red Flag Rule, HITECH Act & Litigation Update," PLUS 2009 Professional Risk Symposium, EPL, E&O and Fiduciary, March 18-19, 2010 Speaker, "The Brave New World: Cyber Liability," WEMED University, September 23, 2009 Speaker, "Using State Notification Requirements to Create an Incident Response Plan that Anticipates Legal Requirements and Coverage Issues in the Event of a Data Breach" and "Negotiating and Drafting Cyber Risk Provisions and Policies," 3rd National Advanced Forum on Cyber & Data Risk Insurance, American Conference Institute, Philadelphia, PA, September 16-17, 2009 Speaker, "Handling Experts: How to Properly Disclose Experts Without Losing Your License and Being Sued for Malpractice," American Bar Association Litigation Committee CLE Seminar, Tucson, AZ, February 27, 2008 Co-Chair and Speaker, "Negotiating and Drafting Cyber Risk Provisions and Policies," American Conference Institute Advanced Forum on Cyber Risk Insurance, Philadelphia, PA, September 26, 2007 Co-Chair and Speaker, "Ensuring an Effective Incident Response Plan: Mitigating Damages in the Event of a Breach," American Conference Institute Advanced Forum on Cyber Risk Insurance, Philadelphia, PA, September 26, 2007 Speaker, "Enterprise Risks: Creating Solutions," AON Re, Chicago, IL, June 26, 2007 Speaker, "Enterprise Risks: Protecting the Bottom Line," KPMG Advisory Series, Seattle, WA, November 8, 2006 Speaker, "New Wordings: Making Lemonade When Existing Policies Don t Respond," Mealey's Insurance Contract Wording Conference, Philadelphia, PA, September 20, 2006 Speaker, "Punitive Damages: Solutions That Work," New York, NY, July 8, 2006 Speaker, "Fear of the Unknown: Privacy and Security Risks" and "Technology Risks: Knowledge is Power," RIMS Seminar, Honolulu, HA, April 23-27, 2006 Speaker, "Broker Disclosure, Jury Science and Punitive Damages," Lloyd s Market Study Tour, July 12, 2005 Speaker, "Punitive Damages Solutions," Schaumburg, IL, June 10, 2005 Speaker, "Punitive Damages Solutions," Burbank, CA, April 20, 2005 Speaker, "Bad Faith and Punitive Damages Arising From Third-Party Liability Claims," Property Loss Research Bureau Seminar, April 18, 2005 Speaker, "Strategies for Defending the Indefensible in Difficult Jurisdictions," Katie School of Insurance/Lloyd s Study Tour Seminar, Illinois State University, March 31, 2005 Publications

5 Co-Author, Punitive Damages: A State-by-State Guide to Law and Practice, West Publishing Company, 1991, Co-Author, Reinsurance Claims, Reactions Publishing Group, 2004 Education J.D., Northwestern University School of Law, 1987 B.A., Knox College, 1984 Admitted to Practice Illinois Supreme Court of the United States Supreme Court of Illinois U.S. Court of Appeals for the Ninth Circuit Court of Appeals U.S. Court of Appeals for the Seventh Circuit Court of Appeals U.S. District Court for the Northern District of Illinois Texas