Anderson Kill's insurance recovery practice has successfully represented retailers, financial services companies, professional services and engineering firms, entertainment companies, telecommunications companies, and technology manufacturers seeking insurance recovery for losses stemming from alleged data breaches, hacker-induced file corruption, data privacy violations, and software and hardware malfunctions.
The Cyber Insurance Recovery Group will be chaired by Joshua Gold, a shareholder in Anderson Kill's New York office who has helped to recover more than $1.5 billion for corporate policyholders in insurance coverage disputes. Mr. Gold has represented clients in diverse industries pursuing insurance claims for cyber-related losses and has published widely in insurance and legal journals on cyber insurance coverage issues. He will chair a session on cyber risk in Anderson Kill's annual Policyholder Advisor Conference in New York City on October 23.
Mr. Gold's victories include a multi-million dollar recovery in a landmark U.S. Court of Appeals decision on behalf of a retailer that suffered a data breach as a result of a computer hack. Rejecting the insurance company's "direct loss" defense, commonly cited in such cases, the court instead applied a proximate cause standard -- a valuable precedent for businesses purchasing fidelity, crime and financial institution bond coverage.
Mr. Gold said, "As the scale and the frequency of data breaches continues to grow, we're moving to consolidate our efforts through a formal cyber insurance recovery group to help clients maximize recovery not only from specialized cyber insurance policies, but also from general liability, crime, D&O and professional liability policies that may provide coverage for losses stemming from such events."
He added, "We also have deep experience pursuing insurance claims for a broader range of losses and liabilities stemming from the handling of data, the use of social media, and the malfunctioning of software and hardware, for manufacturers and sellers as well as users."
The new practice group will pool resources and expertise and from insurance recovery attorneys in Anderson Kill's New York, NY, Stamford, CT, Newark, NJ, Philadelphia, PA, Washington, D.C. and Ventura, CA offices. These include David E. Wood, the group's deputy chair, managing shareholder of the firm's Ventura office; William G. Passannante, co-chair of the firm’s Insurance Recovery Group and a member of the firm’s Executive Committee; Steven J. Pudell, managing shareholder of the firm's Newark office; Pamela D. Hans, managing shareholder of the Philadelphia office; and shareholders Marshall Gilinsky (D.C.), Cort T. Malone (Stamford), Darin J. McMullen (Philadelphia), Robert Chesler (New Jersey), Dennis J. Nolan (New York) and Anna M. Piazza (New York). Also joining are Lawrence J. Bartelemucci, chair of the firm's Real Estate Group and a general litigator who has worked extensively with hospitals, as well as in insurance recovery, and Kanishka Agarwala, chair of the firm's Intellectual Property Group.
Also practicing in the Cyber Insurance Recovery Group will be attorneys Peter A. Halprin (New York), Nicholas R. Maxwell (New York), and Vianny Pichardo (New York).
About Anderson Kill
Anderson Kill practices law in the areas of Insurance Recovery, Commercial Litigation, Environmental Law, Estate, Trusts and Tax Services, Corporate and Securities, Antitrust, Banking and Lending, Bankruptcy and Restructuring, Real Estate and Construction, Foreign Investment Recovery, Public Law, Government Affairs, Employment and Labor Law, Captive Insurance, Intellectual Property, Corporate Tax, Hospitality, and Health Reform. Recognized nationwide by Chambers USA for Client Service and Commercial Awareness, and best-known for its work in insurance recovery, the firm represents policyholders only in insurance coverage disputes - with no ties to insurance companies and has no conflicts of interest. Clients include Fortune 1000 companies, small and medium-sized businesses, governmental entities, and nonprofits as well as personal estates. Based in New York City, the firm also has offices in Ventura, CA, Philadelphia, PA, Stamford, CT, Washington, DC and Newark, NJ.
For more information, please contact:
Carol A. Ueckerman