Richard J. Bortnick Of Counsel



Richard Bortnick is an industry-renowned problem solver who litigates and counsels U.S. and international insurers and corporations on cyber, privacy and technology risks and exposures; directors & officers liability; insurance coverage; products liability; and commercial litigation matters. In addition, Rick drafts insurance policy forms of varying types, including those covering cyber/ privacy/ technology risks and exposures, and serves as an expert consultant on cyber insurance matters involving the historical existence and scope of cyber insurance products.

For nearly 20 of his 36-year legal career, Rick has served as a trusted adviser to public and private entities of all sizes on their privacy, cyber and technology risks, and he has trained hundreds of business executives and others on their commercial and legal responsibilities. Rick began his career as a commercial litigator in the antitrust and securities laws sectors and as an insurance coverage attorney handling disputes of all natures, products and subject matters. As such, he has a broad range of experience in corporate and litigation matters that enables him to counsel clients on a full suite of their business needs.

Rick has authored numerous treatise chapters, white papers and articles and regularly presents webinars and seminars on privacy, cyber and D&O for clients and the public at large.

Areas of Focus

Cybersecurity, Technology & Data Privacy
Rick has vast experience handling privacy and cyber matters across a myriad of sectors and disciplines. His clients include municipalities, merchants, service providers, professionals such as attorneys and accountants, hospitality providers, technology companies and others. For almost 20 years, Rick has advised clients on the preparation of pre- and post-incident privacy and breach response plans, policies and procedures, and handled breaches involving ransomware, hacking, employee negligence and malfeasance, and other threat actors and vectors. He has successfully defended class actions against entities across all classes of business, and is a trusted adviser to his clients’ management privacy and incident response teams as an outside expert consultant. Clients look to Rick for sound, sage advice and counseling to protect their capital and financial interests and reduce their exposures arising from a threatened, potential or actual privacy, technology and/or cyber incident.

Directors & Officers Liability
Since 1990, Rick has handled directors & officers liability and insurance coverage claims, and was counsel to a consortium of European insurance companies on what was then the biggest non-U.S. D&O lawsuit in history. His track record of success in defending his clients’ interests in both litigation and alternative dispute resolution proceedings has positioned Rick among the best-known, most highly respected D&O insurance attorneys in the country and in Europe. Rick also assists his public company clients with the preparation of their 10-Ks when cyber issues must be addressed.

Insurance & Reinsurance Coverage
Rick has counseled and defended insurance and reinsurance company clients since 1990, having handled hundreds of coverage matters involving professional liability, general liability and other insurance policy forms and endorsements. He has drafted and co-drafted insurance policies crossing all sectors, risks and exposures, including more than 20 cyber policies for insurers across the world. Rick’s clients recognize his keen eye for detail and precision in avoiding coverage disputes and litigation. To the point, no insurance coverage litigation has ever arisen from a policy Rick drafted or co-drafted.

Representative Matters

Worked on several cyber incidents involving Fortune 500 retailers whose credit card systems were breached and customers’ personal information exfiltrated.

Remediated numerous thefts of personal information from hospitality companies the consumer reservations systems of which were breached.

Handled hundreds of cyber breaches across all segments and disciplines requiring notification to consumers and/or regulators and responded to regulators’ inquiries and investigations.

Works with municipal and public entities on their privacy protection programs and policies.

Counsels critical infrastructure providers on their privacy and cybersecurity duties and obligations to consumers and regulators.

Defends manufacturers, merchants, technology companies and public entities in D&O and consumer litigation involving breaches, and 10-K and accounting disclosures.

Represents international and domestic manufacturers, their vendors and those entities’ insurers in class action and individual products liability litigation.

Serves as an expert consultant on the scope and historical development of cyber policies and privacy-related risks and exposures.

Drafted or co-drafted more than 20 cyber insurance policies for insurers across the world.