New Jersey

Tel

732.985.1000

Fax

732.985.2000

Email

rbortnick@tlsslaw.com

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Curriculum Vitae

Richard litigates and counsels U.S. and international clients on cyber and technology risks, exposures and best practices, cyber breach response management and interaction with regulators; directors’ and officers’ liability; professional liability; insurance coverage; and commercial litigation matters. He also drafts professional liability insurance policies of varying types, including cyber, privacy and technology forms. Richard was named by Advisen as its Cyber Risk Network 2015 Person of the Year.

Richard is author of “Cyber Security and Data Breaches: Why Directors and Officers Should Be Concerned,” the leading chapter in the 2012/2013 edition of Willis London’s Executive Risks, A Boardroom Guide (ISBN: 978-0-9565842-3-6), White Page Ltd., August 2012, and “Coming Soon to a Courthouse Near You: A Chic D&O Lawsuit and An Eight-Figure (Or Greater) Settlement,” Inside the Minds: Professional Liability Law: Leading Lawyers on Strategies for Minimizing Risk and Increasing Success in Professional Liability Suits (ISBN: 1596221739), Aspatore Books, November 2005.

He serves as a member of the Executive Corporate Board of The Franklin Institute science museum and serves as Managing Editor, Coverage Magazine; Co-Chair, Insurance Coverage Litigation Section (“ICLC”), Cyber Risk & Data Privacy Subcommittee; and Editor, ICLC Intellectual Property Hot Topics for the American Bar Association. Richard is a regular contributor and columnist for Advisen’s Cyber Law Journal.

AREAS OF FOCUS

Insurance Coverage

Richard has provided guidance to clients facing challenging coverage for his entire legal career. He acts as a trusted counselor on the coverage laws of almost every jurisdiction nationwide, and successfully argued in state and federal courts of appeals in numerous jurisdictions. Richard’s dealings with policyholders in every geographic region provides him with the background to provide clients with timely and accurate advice when they are in need of zealous advocacy. His experience touches almost every type of primary and excess commercial lines policy, including CGL, E&O/Professional Liability, Cyber, Technology, Media and D&O.

Cyber-Risk, Technology & Privacy

Richard has been handling cyber, technology and media coverage disputes for over fifteen years. He provides clients with a wide range of services, from policy form drafting and coverage and monitoring counsel roles to complex coverage litigation, mediation and arbitration involving multi-million claims. Richard’s clients count on him to provide guidance on cyber, technology and media coverage issues worldwide.

He also serves as breach counsel to policyholders impacted by breach and privacy incidents. Richard provides prompt recommendations to ensure that his clients take the proper steps and secure experts to safeguard their interests while minimizing potential liability. He also works closely with clients to satisfy notification obligations with federal and state laws. Richard also frequently interfaces with state and federal regulators and credit card brands to respond to inquiries concerning privacy incidents.

Education

  • Villanova University School of Law, J.D., 1985, cum laude
  • Boston University, B.S., 1981, summa cum laude

Admissions

  • Bar
    • Pennsylvania
    • New York
    • New Jersey
  • Court
    • Supreme Court of the United States
    • U.S. Courts of Appeals for the First, Third and Eleventh Circuits
    • U.S. District Courts for Eastern District of Pennsylvania, District of New Jersey
    • Eastern District of Wisconsin and Western District of Michigan
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