Mondelez’s attorney, David Kroeger of Jenner & Block LLP, told the jury that Zurich asserted the exclusion clause because it believes Russia was to blame for the cyberattack, and attorney Kroeger was quick to point out Zurich has never produced any credible evidence to support their theories, telling jurors, there are “accusations, maybe, but accusations are not evidence,” he said.
Counsel for Mondelez doubled down on Zurich’s “hostile and warlike action” exclusion in the policy, stating “We are talking about computer malware that was released five years ago, not … what is going on in Ukraine now … missiles, tanks, bombs, and death,” Kroeger told the jury. “What is happening in Ukraine now is hostile or warlike action, and it stands in stark contrast to the NotPetya malware.”
Zurich’s attorney, Philip Silverberg of Mound Cotton Wollan & Greengrass LLP, told the jury that Mondelez was simply “in the wrong place at the wrong time,” calling the cyberattack on Mondelez “collateral damage” in Russia’s broader effort to attack the Ukrainian economy.
