Attorney Articles
Claims Journal Features Bortnick and Michaud Article on Subrogation After Cyber Breaches: Lessons from Axis and Travelers
April 17, 2026 - Claims Journal
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.
Notably, Rick was named Advisen’s Cyber Risk Champion of the Year in 2015.
For nearly 25 of his 40-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, mortgage lenders and brokers, health care entities, professionals such as attorneys and accountants, hospitality providers, technology companies and others. For more than 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 25 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.
- Villanova University School of Law (J.D., cum laude, 1985)
- Boston University (B.S. Broadcast Journalism, summa cum laude, 1981)
- New York
- New Jersey
- Pennsylvania
- Supreme Court of the United States
- U.S. Court of Appeals, First Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Eleventh Circuit
- U.S. District Court, Eastern District of Pennsylvania
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern District of Wisconsin
- U.S. District Court, Western District of Wisconsin
- Executive Corporate Board of the Franklin Institute, Member
- Thomson Reuters Stand-out Lawyers - independently rated lawyers, 2026
- San Diego Top Lawyers 2022, selected by San Diego Magazine
- Rated AV® Preeminent™ by Martindale-Hubbell
- Who’s Who in Legal Insurance & Reinsurance: Lawyers, 2018‒2021; Global Leader in Insurance and Reinsurance, 2021
- Advisen Cyber Risk Champion of the Year, 2015
- The Franklin Institute Science Museum, Executive Corporate Board