Dominik Cvitanovic represents established businesses and individuals in all aspects of data privacy and serves as a cochair of the firm’s Cybersecurity & Data Privacy Practice. Dominik has advised hundreds of clients as breach coach relating to data security incidents potentially triggering notification obligations under applicable law or contract. He also has conducted data privacy audits and compliance assessments for commercial clients relating to federal, state and international data privacy obligations.

Dominik is a Certified Information Privacy Professional (CIPP/US). In addition, he advises clients on matters of insurance coverage and labor and employment.

Areas of Focus

Incident Response
Dominik represents clients in actual or suspected cybersecurity incidents or data breaches, ranging from email compromises to sophisticated ransomware attacks. He is member of the firm’s 24/7 incident response team for private and public companies, spanning all industry sectors. Dominik regularly advises clients on their legal obligations under U.S. and international data privacy and breach notification laws, and assists clients in devising crisis communication strategies.

Virtual Privacy Officer Services
The firm’s Virtual Privacy Officer Services (VPOS) provides pre-breach cybersecurity and data privacy risk management and compliance services to small and large organizations across all industry sectors. Dominik assists organizations in developing cybersecurity and privacy compliance programs, policies and procedures pursuant to various laws. He also has assisted clients in managing their third-party vendor and supply chain cyber risk.

Regulatory Investigations & Enforcement Actions
Dominik routinely represents clients in regulatory investigations stemming from cybersecurity incidents, including investigations by the U.S. Department of Health & Human Services, U.S. Department of Defense, U.S. Department of State, U.S. Department of Education and the New York Department of Financial Services, in addition to various state attorneys general and insurance commissioners.

Insurance & Reinsurance Coverage
Dominik’s insurance experience covers a variety of insurance policies, including commercial general liability, commercial property coverage and commercial auto policies. In addition, he regularly advises clients with respect to insurance coverage issues. Dominik has prosecuted complicated coverage claims both in and out of court, including cases involving blended pollution endorsements, excess liability exhaustion defenses and reinsurance cut-through provisions.

Labor & Employment
Dominik has represented clients in employment disputes both in and outside of litigation, including before the National Labor Relations Board. Dominik has experience advising clients on wage and hour disputes as well as discrimination and retaliation claims under state and federal law.

    Education

    • Paul M. Hebert Law Center, Louisiana State University (J.D., 2013)
      • magna cum laude, Order of the Coif
    • Vanderbilt University (B.A. Classical Studies & Economics, 2010)

    Bar Admissions

    • Louisiana
    • Texas

    Court Admissions

    • U.S. Court of Appeals, Fifth Circuit
    • U.S. District Court, Eastern District of Louisiana
    • U.S. District Court, Middle District of Louisiana
    • U.S. District Court, Western District of Louisiana
    • U.S. Bankruptcy Court, Eastern District of Louisiana

    Professional Affiliations

    • American Bar Association
    • New Orleans Bar Association

    Awards & Honors

    • Selected for inclusion in Rising Stars, Louisiana Super Lawyers, 2020-2025

Dominik Cvitanovic

Dominik Cvitanovic represents established businesses and individuals in all aspects of data privacy and serves as a cochair of the firm’s Cybersecurity & Data Privacy Practice. Dominik has advised hundreds of clients as breach coach relating to data security incidents potentially triggering notification obligations under applicable law or contract. He also has conducted data privacy audits and compliance assessments for commercial clients relating to federal, state and international data privacy obligations.

Dominik is a Certified Information Privacy Professional (CIPP/US). In addition, he advises clients on matters of insurance coverage and labor and employment.

Events

Dominik Cvitanovic represents established businesses and individuals in all aspects of data privacy and serves as a cochair of the firm’s Cybersecurity & Data Privacy Practice. Dominik has advised hundreds of clients as breach coach relating to data security incidents potentially triggering notification obligations under applicable law or contract. He also has conducted data privacy audits and compliance assessments for commercial clients relating to federal, state and international data privacy obligations.

Dominik is a Certified Information Privacy Professional (CIPP/US). In addition, he advises clients on matters of insurance coverage and labor and employment.

Dominik Cvitanovic

Summary Judgment in Case Involving Lost Business Income Tied to Pandemic

Michael O’Malley (Partner-Chicago), Michael Harowski (Partner-New Orleans) and Dominik Cvitanovic (Associate-New Orleans) obtained summary judgment in favor of Certain Underwriters at Lloyd’s, London (Underwriters) in connection with an insurance coverage dispute in Louisiana state court for lost business income arising from the COVID-19 pandemic. The judge rejected the reasoning of a recent appellate decision that found in favor of coverage and instead found coverage had not been triggered because the insured was unable to demonstrate that it sustained direct loss of or damage to property. Louisiana is only one of three states in the nation with appellate law finding losses arising from COVID-19 could trigger business income coverage under a commercial property policy. During the summary judgment briefing, a Louisiana appellate panel issued a decision in a case that involved an identical claim against Underwriters for COVID-19, finding the same policy language involving “loss of or damage to property” was ambiguous and construed the ambiguity in favor of coverage. After a lengthy oral argument, the court ruled from the bench, rejected the reasoning of the other appellate court and found that such COVID-19 losses did not constitute “loss of or damage to property.” 

The decision is significant because it lays the foundation for a circuit split within Louisiana, and because attorneys, policyholders, insurers and judges nationwide have been following each of these cases closely as the total business income losses arising from COVID-19 is estimated to be in the trillions of dollars globally.
 

Michael J. O'Malley, Michael Harowski and Dominik Cvitanovic

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