Anjali C. Das Partner

     

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Anjali Das is co-chair of Wilson Elser’s national Cybersecurity & Data Privacy practice and a member of the Information Governance Leadership Committee and Insurance Coverage practice team.

As co-chair of Wilson Elser's national Cybersecurity & Data Privacy practice team, Anjali is responsible for oversight of cyber crisis management and incident response for clients that have been the victim of an actual or suspected data breach. She manages a team of attorneys who provide 24/7 data breach response services for companies across the United States and Canada across all industry sectors. Anjali routinely advises clients on their legal rights and responsibilities under state, federal and international privacy laws, including notification to individuals affected by a breach and regulatory authorities. She also represents clients in connection with state and federal government investigations and third-party claims that arise out of a cybersecurity incident.

Anjali also has more than 20 years of insurance industry experience. Prior to joining Wilson Elser, she served as in-house claims counsel for a subsidiary of a large, publicly traded insurance company. Anjali has extensive professional liability coverage and claims-handling experience across various product lines, including Directors and Officers, Employment Practices, Lawyers, Financial Institutions, Cyber, and other professional liability and errors and omissions insurance policies. She has represented insurance companies in coverage litigation in state and federal courts around the country, including high-profile cases involving big banks during the financial crisis and the Madoff Ponzi scheme. Anjali also has drafted policy wording and endorsements for many insurance carriers.

Driven by her passion for the interplay of law and business, Anjali earned a master’s degree in business administration at one of the nation’s top business schools in 2001 while maintaining a full-time legal practice at the firm. Clients benefit from her ability to view legal issues from a business perspective as well as her understanding of how shareholder obligations impact the corporate decision-making process. Anjali’s focused insurance and business background is further enhanced by her experience as in-house claims counsel for a domestic insurance carrier.

Areas of Focus

CYBERSECURITY & DATA PRIVACY
A co-chair of the firm’s national Cybersecurity & Data Privacy practice, Anjali has credentials that establish her reputation in the industry. She has earned Certified Information Privacy Professional/Canada (CIPP/C) and U.S. Certified Information Privacy Professional (CIPP/US) from the International Association of Privacy Professionals (IAPP). In addition, she received her M.B.A. degree with a concentration in e-Commerce and Technology.

Data Breach Response
Anjali is responsible for managing a national data breach hotline for one of the firm’s large institutional insurance clients. She and other practice team members provide 24/7 incident response call support to companies in a wide range of industries, including health care, retail, technology, insurance and professional services.

Anjali routinely advises clients on their legal obligations in connection with data security incidents involving the actual or suspected disclosure of personally identifiable information (PII) or protected health information (PHI), including:

  • Notification to affected individuals under state and federal breach notification statutes, including HIPAA
  • Notification and investigations by law enforcement and state and federal regulators, including state attorneys general and HHS/OCR for HIPAA violations
  • Contractual notification and indemnification obligations to third-party vendors, contractors, covered entities and business associates, pursuant to contract, including business associate agreements
  • Collaboration with forensics investigators to determine the scope and impact of an actual or suspected data breach
  • Recommendations for remediation of affected individuals
  • Media notices and press releases.

Defense of Privacy Claims
Anjali has defended third-party claims brought by individuals whose PII or PHI has been compromised in a data security incident. She also has assisted clients in asserting claims against third-party vendors and contractors liable for a data breach.

Cyber Risk Management
Anjali regularly advises clients on cyber risk management and privacy best practices, including privacy policies and procedures, incident response plans, EU General Data Protection Regulation compliance, vendor contracts and cyber insurance.

Cyber Liability Insurance Coverage
Anjali has more than 20 years of experience in the insurance industry, including serving as in-house claims counsel for a domestic insurance subsidiary of a publicly traded company. Anjali has significant experience drafting cyber insurance policy language, endorsements and underwriting guidelines for domestic insurance companies and Lloyd’s syndicates. She has served as coverage and monitoring counsel to insurance carriers in connection with first-party and third-party claims under cyber insurance policies, including first-party business interruption claims and third-party privacy claims.

DIRECTORS & OFFICERS LIABILITY
Anjali has successfully mediated, arbitrated and litigated D&O and other insurance coverage disputes in state and federal courts nationwide. Anjali regularly represents D&O insurers as coverage and monitoring counsel in complex shareholder class actions against public companies and their directors and officers for violations of federal securities laws; shareholder derivative suits against directors and officers for breach of fiduciary duty and mismanagement in the context of mergers and acquisitions and other business transactions; and ERISA stock drop lawsuits. These matters specifically have involved late trading, market timing, stock options backdating, contingent commissions, Foreign Corrupt Practices Act, China reverse merger companies, the Bernard L. Madoff international Ponzi scheme and the mortgage subprime crisis. She also has counseled clients in connection with lawsuits brought by the government and regulators, including the U.S. Securities and Exchange Commission, Department of Justice and Federal Deposit Insurance Corporation. Anjali’s representation in such matters has resulted in tens of millions of dollars in savings for insurance companies.

Prior to joining the firm, Anjali served as in-house claims counsel for a domestic insurance carrier, where she was responsible for claims arising under public and private Directors and Officers liability, Employment Practices liability and Lawyers' professional liability insurance policies. She assisted in drafting policy wording and endorsements, established a network of approved defense panel counsel, analyzed potential liability exposure and coverage defenses to claims, set claims reserves and interacted with the company’s reinsurers during claims audits. Through this experience, Anjali gained valuable insight into the insurance company claims reporting structure; the management of outside counsel; the dynamic interplay among adjusters, underwriters and brokers; the importance of setting accurate claims reserves in a timely fashion; the role of reinsurers; and the value of tracking claims trends and costs, which impact an insurance company’s long-term business objectives and profitability.

EMPLOYMENT PRACTICES LIABILITY
Anjali has been handling employment claims for defendants and insurers since the early 1990s.One of her first assignments as a young attorney was successfully defending a charge by the EEOC accusing her corporate client of violating the Fair Labor Standards Act for failure to pay overtime compensation to employees who were allegedly improperly classified as exempt from overtime. Anjali negotiated a successful resolution of the EEOC charge and avoided class action litigation against her client. Since that time, Anjali has continued to handle employment claims for U.S. and London insurers and their insureds. Such services include monitoring, supervising, mediating and negotiating favorable resolutions of EEOC charges and civil actions involving a wide range of claims for violations of state and federal employment laws, including claims alleging gender, age and race discrimination under Title VII of the Civil Rights Act of 1964, wrongful termination, sexual harassment, wage and hour claims, and retaliation claims asserted by whistleblower employees. These claims run the gamut from relatively small claims asserted by individual employees to high-profile suits involving highly compensated senior-level executives of large public companies and putative class actions. In all instances, Anjali seeks to partner with employers and their respective insurers in an effort to achieve a mutually favorable resolution as expeditiously as possible.