Richard skillfully guides clients on pre- and post- cyber incident best practices and breach response management, including frequently interacting with state and federal regulators.

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Whether navigating nuanced legal, regulatory, and technical challenges or evaluating and managing complex and consequential risks and exposures, clients of all stripes turn to Richard for sound, steady, and effective advice, guidance and legal representation. With unparalleled experience across a broad spectrum of disciplines, Richard is the attorney of choice for clients in the Far East, Europe, the Americas, and elsewhere that are seeking seasoned, comprehensive legal services and counsel.

A partner in the firm’s New Jersey office, Richard provides U.S. and international clients with sound, prudent and cost-effective representation and advice on cyber and technology risks, exposures, and insurance as well as with respect to professional liability, D&O, and commercial matters that could be financially devastating to their bottom lines. Richard is well known throughout the business and public entity sectors for skillfully guiding his clients on pre- and post-cyber incident best practices and breach response management, including frequently interacting with state and federal regulators. A frequent speaker and author on cyber-risk topics, Advisen named Richard as its Cyber Risk Network 2015 Person of the Year.

Understanding that proactive security protocols and immediate containment and remediation are critical to minimizing risk from cyberattacks and data breaches, Richard delivers prompt recommendations to ensure that his clients take the proper steps and secure experts to safeguard their interests, while limiting the scope of their potential liability. He also works closely with clients to satisfy state and federal notification obligations, and he regularly interfaces with state and federal regulators and credit card brands to respond to inquiries concerning privacy incidents and other matters that could materially affect a business’s or municipal entity’s financial stability. This advice frequently extends to the corporate boardroom and public entity administration levels, where business and public sector leaders rely on Richard’s sound and tailored advice and counsel to avoid and, where necessary, resolve issues.

Richard is a summa cum laude graduate of Boston University who earned his law degree cum laude from Villanova University School of Law. When not serving clients, providing thought leadership, or taking part in several philanthropic and charitable endeavors, Richard enjoys reading and cheering on the Philadelphia Eagles and his law school alma mater’s basketball Wildcats.

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Education

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

Bar Admissions

  • Pennsylvania
  • New York
  • New Jersey

Court Admissions

  • 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

Professional & Community Affiliations

  • Named by Advisen as their Cyber Risk Network 2015 Person of the Year
  • Member, Executive Corporate Board of The Franklin Institute science museum
  • American Bar Association 
    • 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
  • Vice-Chair, ABA TIPS Professionals’, Officers’ and Directors’ General Liability Committee
  • Claims & Litigation Management Alliance (CLM)
  • Editor, Intellectual Property Hot Topics, ABA Section of Litigation, Insurance Coverage Litigation Committee

Publications

  • Co-Author, “The Effect of the GDPR on American and Canadian Business”, DRI, 2018
  • Co-Author, “Cyber, Privacy and Technology Best Practices and Reputational Harm: Why Lawyers Should be Concerned and What They Can Do to Protect Themselves”, Advisen, 2017
  • “Top 25 Law Blogs to Start Reading Now,” Upcounsel Blog, July 18, 2013
  • “Large Insurance Groups Face New York Inquiries about Cyber Preparedness,” Baty and Associates, May 31, 2013
  • “NY Regulator Asks Insurers About Readiness For Cyber Threats,” Reuters, May 28, 2013
  • “Insuring Against Cyber Risks: Coverage, Exclusions, Considerations,” New York Law Journal, May 22, 2013
  • “Middle Market Customers Are Showing A Keen Interest In Cyber Coverage,” Risk & Insurance, April 2013
  • “Court says Hannaford Breach Lawsuit Doesn’t Meet Standards of Class-Action,” SC Magazine, April 5, 2013
  • “North Korea Shows Cyber Might,” Risk & Insurance, March 26, 2013
  • “Cyber Insurance: Not One Size Fits All,” InfoRisk Today, January 10, 2013
  • “Wal-Mart FCPA Compliance Investigations Could Result in Fines, Penalties, Litigation,” Business Insurance, November 25, 2012
  • “Richard Bortnick on Cyber Exposures for Ds and Os,” PLUS Blog, November 12, 2012
  • “South Carolina Data Breach Serves As Wake-Up Call to Public Entities,” Business Insurance, November 4, 2012
  • “Cyber Insurance Now Available- About Time,” Time Credit Brokers, October 25, 2012
  • “Cyber Insurance: Getting Started:  Picking Right Broker Key before Selecting Appropriate Policy,” BankInfoSecurity, September 18, 2012
  • Author, “It’s Time for Professionals to Practice What They Preach,” Advisen Cyber Law Journal, Vol. 3, August 2012
  • Author, “Insurers:  Assert Your Subrogation Rights,” Advisen Cyber Law Journal, Vol. 2, June 2012
  • Author, “Will SEC Guidance Awaken Private Companies to Cyber Insurance Needs?” Advisen Cyber Law Journal, Vol. 1, March 2012
  • “Data Breaches Evolve from Nuisance to Major Business Threat,” Business Insurance, March 19, 2012
  • “Best (and Worst) of 2011:  Cyber Risk,” Business Insurance, December 11, 2011
  • “Quick Action on Data Losses Not Always the Right Move,” Business Insurance, September 18, 2011
  • “Mortgage Securities Lawsuits Unlikely to Roil D&O Market,” Business Insurance, September 11, 2011
  • “Risk Managers Should Initiate Talks with IT,” Business Insurance, August 7, 2011
  • “Zurich Says Its Policy for Sony Doesn’t Cover Data Breach,” MyNewMarkets.com, August 4, 2011
  • “Bad News for D&O Insurers?,” Business Insurance, July 31, 2011
  • “Hacking Blitz Drives Cyber Insurance,” News24, June 15, 2011
  • “Data Breach Victims Record More Wins in Court,” Business Insurance, June 12, 2011
  • “Data Breach Plaintiffs Increasingly Successful,” Business Insurance, June 9, 2011
  • “Sony Grapples with Data Loss,” Business Insurance, May 8, 2011
  • “Is Your Company Prepared for Cyber Risk?,” Boardmember.com, February 24, 2011
  • “Wake Up and Smell the Threats:  Two Recent Examples of Why Municipalities Need Cyber Insurance,” eRiskHub, 2010
  • “Did D&O Cover Fuel The Credit Crisis? ‘Yes,’ Says An Attorney,” National Underwriter, November 2009
  • “D&O Rescission Actions Difficult, But Not Impossible,” Law 360, December 8, 2009
  • “Unpaid Premium Taxes In Europe Put Policyholders At Risk,” Business Insurance, February 23, 2009
  • “Securities Litigation in 2008: Implications for the D&O Market in 2009 and Beyond,” Advisen, February 23, 2009
  • “When the Walls Come Tumblin’ Down: Impediments to Coverage for Subprime Mortgage Litigation,” ABA Litigation Section Update, Summer 2008
  • “High Court Fraud Ruling Raises Disclosure Issues,” Business Insurance, January 28, 2008
  • “Will the Liability Market Turn?,” Risk & Insurance, January 2008
  • “Rising Tide,” Best’s Review, January 2008
  • “Individual Suits Likely Over Subprime Losses,” Business Insurance, November 17, 2007
  • “Extent of D&O Insurer Subprime Fallout Remains a Question Mark,” National Underwriter Property & Casualty, November 2, 2007
  • “Market Took Off After Directors, Officers Found Personally Liable,” Business Insurance, October 8, 2007
  • “Immigrant Who Miscarried Can Stay,” The Philadelphia Inquirer, September 7, 2007
  • “Asylum for Immigrant Who Miscarried During Effort to Deport Her,” The New York Times, September 7, 2007
  • “D&O Heats Up,” Best’s Review, August 2007
  • Co-Author, “Global Warming Pressures Put the Heat on Directors and Officers,” NUCO Property and Casualty (with Kevin M. LaCroix), June 2007
  • Co-Author, “Supreme Court Gives Wake-Up Call to Buyers on Global Warming Risks,” National Underwriter Property and Casualty (with Kevin M. LaCroix), June 2007
  • “Opt-out Settlements Catch Fancy of Writers of Directors and Officers,” Best Week, May 2007
  • “International D&O: Your Global D&O Coverage May Not Be As Global As You Think,” Rough Notes, May 2007
  • “Private Buyout Deals Produce New D&O Risks,” Business Insurance, May 2007
  • “Globalization of Directors’ and Officers’ Coverage,” Insurance Journal, April 2007
  • Co-Author, “Class Action Opt-Outs: The New Frontier?” PLUS Journal (with Kevin M. LaCroix), April 2007
  • Co-Author, “European Class Actions: A Growing Movement?” National Underwriter (with Kevin Mattessich), November 6, 2006
  • “Hedge Funds Still Wary of Insurance,” National Underwriter Property and Casualty, November 6, 2006
  • Co-Author, “Get It In Writing,” Global Reinsurance, June 2006
  • Co-Author, “Foreign Shareholder Securities Fraud Litigation: Welcome To Our Federal Courts,” PLUS Journal, November 2005
  • “Director and Officer Liability: Coverage and Compliance,” Philadelphia Business Journal, October 2005
  • “Draft Law Proposes to Make it Easier to File Class-Action Lawsuits in the Netherlands,” Reactions, March 2005
  • Co-Author, “When Are Settlement and Damage Payments Not ‘Loss’ Under a D&O Policy,” Mealey’s Emerging Insurance Disputes, March 1, 2005.
  • Author, “Supplementary Payments Under U.S. General Liability Cover: Pay or Else…,” Insurance Day, February 14, 2005
  • Co-Author, “Product Tampering and Accidental Contamination Insurance: A Practical Guide,” Andrews Insurance Coverage Litigation Report, Vol 10, September 2000
  • Co-Author, “Employment Practices: A Liability and Insurance Coverage Primer,” Mealey’s Emerging Insurance Disputes, August 30, 2000
  • Author, “Interrelatedness Provisions in Directors’ and Officers’ Insurance Policies: An Enlightened View in Pennsylvania,” Risk Vue Online, 1999
  • Co-Author, “Foreign Courts Will Follow US On D&O,” International Commercial Litigation, Vol. 30, May 1, 1998

Speaking Engagements

  • 2017 CLM & Business Insurance Cyber Summit – Cyber Masterclass: The Cutting Edge of Regulatory, Coverage and Claims Issues.” – October 6, 2017
  • ISMG Data Breach Prevention and Response Summit – “Cyber Insurance: A Rising Role in Managing, Mitigating and Transferring Risk”, Toronto, Canada, September 12-13, 2017
  • ISMG Data Breach Prevention and Response Summit – “Cyber Insurance: A Rising Role in Mitigating Risks for CISOs”, New York, NY, August 8-9, 2017
  • NetDiligence Cyber Risk and Privacy Liability Forum – “Broker Perspective on Gaps and Overlaps”, Philadelphia, PA, June 6, 2017
  • Bermuda Insurance Institute – “Directors and Officers Cyber Liability Risks”, Hamilton, Bermuda, May 10, 2017
  • Moderator, “Federal Regulatory, Legislative, and Enforcement Landscape: Pending Legislation and Integrating New and Anticipated Initiatives Into Your Privacy and Compliance Program”, Chicago, IL, March 2017
  • Co-Chair, ACI 15th Annual Advanced Forum on Cyber & Data Risk Insurance – March 30 -31, 2017
  • Data Breach Litigation and Investigation Forum 2017 – Critical Insurance Coverage Issues: What’s Being Covered, What’s Not, What’s in Dispute” – January 24, 2017
  • ACI 14th Annual Advanced Forum on Cyber & Data Risk Insurance- “The PHI Breach: Preparing to Deal with a PHI Breach, Ways of Preventing It, and a Brief Examination of the Phase 2 of the OCR HIPAA Audit Program.”-November 30-December 1, 2016
  • Advisen Cyber Risk Insights Conference-“Navigating Service Offerings” – October 27, 2016
  • Privacy & Security Forum-“Assessing Cyber Insurance Policies: The Good, The Bad and the Ugly”- October 24-26, 2016
  • Beverly Hills Bar Association-“The Ethical Obligations of Today’s Lawyers vis-à-vis Data Breaches and Privacy Claims”-July 7, 2016
  • New York City Bar’s Current Issues in D&O Liability & Insurance 2016 program- “The Intersection of Cyber and D&O: It’s a Matter of When, Not If.”-New York-May 2016
  • C5 25th Annual D&O Liability Forum-Cyber Liability session “Threats of Social Media and New Exposures” -London-March 2016
  • HB’s Data Breach & Privacy Litigation Conference-“Insurance Coverage: How Comprehensive is Comprehensive Liability Insurance?”-San Francisco-February, 2016
  • Presented at the ISMG Data Breach Prevention and Response Summit-Dallas, TX, November 2015
  • Presented at NetDiligence Conference on “The Cyber Creep: Aggregations and Accumulations”-October 2015
  • Presented at the CPCU Society’s Annual Conference on “The Evolving Liabilities-Cyber Privacy and Security Exposures”- October 2015
  • Webinar for ISMG Arbor: “Cyber Insurance Checklist-What’s Right for Your Risk”-September 2015
  • Webinar for Swett & Crawford’s Data Breach & Response Summit–The Payment Card Industry–Rules and Changes”-September 2015
  • Co-Chair, ACI’s Cyber & Data Risk Insurance Conference, September 2015
  • Webinar for Advisen on “Constructing–and Deconstructing–an Effective Cyber Insurance Policy”-, September 2015
  • Presented at Westchester Fairfield Hudson Chapter of the CPCU, “The Evolving Liabilities: Cyber, Privacy & Security Exposures-November 2014
  • Presented at the Old Library at Lloyds, London, “PCI DSS and Point of Sales Breaches”-October 2014
  • Moderated at the WHAT IS APIW?: “Cyber Attacks and Privacy Claims: Best Practices, Insurance and Crisis Management”-September 2014
  • Co-Chair, ACI’s Cyber & Data Risk Insurance Conference, September 2014
  • Co-Chair, Cyber & Data Risk Insurance, American Conference Institute, Chicago, IL, March 24-25, 2014
  • Presented at the ACI: “The Global Impact of Cyber Attacks: The EU Directive, Risk Assessment, Understanding and Complying with International Privacy and Data Protection Laws/Legislation and Addressing Special Concerns Regarding Cross-Border Transfers and Security Breaches for Multi-National Companies,”-NY, October 1, 2013
  • Co-Chair, ACI’s Cyber & Data Risk Insurance, New York, NY, September 30-October 1, 2013
  • Co-Chair, NetDiligence’s Cyber Risk & Privacy Liability Forum, Philadelphia, PA, June 6-7, 2013
  • Presented at Advisen’s Cyber Liability Insights Conference: “Practical Insights into Data Security and Privacy Regulatory Risks,” NY, October 2012
  • Presented at Advisen’s Management Liability Insights Conference: “Data Security and the Responsibilities of Private & Nonprofit Directors and Officers,”  NY, September 2012
  • Presented at ACI: “Negotiating and Drafting Cyber Risk Provisions and Policies,” NY, September 28, 2012
  • Presented at ACI: “The Latest Regulatory Developments and Enforcement Actions and Their Impact on Coverage and Litigation,” NY, September 27, 2012
  • Presented at NetDiligence: “Regulatory Challenges of Today,” PA, June 4, 2012
  • Presented at QBE Technology, Media and Telecommunications Emerging Risk Conference: “U.S. Cyber Risks and Exposures:  The Devil is in the Law and Associated Litigation, Costs and Expenses,”  London, England, May 3, 2012
  • Presented at the Advisen Cyber Liability Insights Conference:  “Privacy and Data Security Regulation- Liability Landmines in a Global Economy,” The Willis  Auditorium, London, March 2012
  • Presented at the Advisen Cyber Liability Cyber Insights Conference: “The Shifting Legal and Regulatory Landscape,”  NY, October 2011
  • Presented at the ACI:  “A Concluding Force on Risk Management:  Using Lessons Learned from Recent Breaches to Develop a Framework for Identifying, Evaluating and Addressing Exposures to Risk,” NY, September 27, 2011
  • Co-Chair, NetDiligence Cyber Risk & Privacy Liability Forum, PA, June 9-10, 2011
  • Presented at NetDiligence: “State of the Cyber Nation Address,” PA, June 9, 2011
  • Presented at ACI:  “Complying with State Public Notification Requirements and Deadlines: Making Sense of Conflicting Priorities in the Event of a Breach,” NY, September 27, 2010
  • Presented at NetDiligence:  “Cyber Risk & Privacy Liability Forum:  Are You Covered When Hackers Get Through?,”  PA, June 8, 2010
  • Presented at PLUS International Conference:  “Executive Compensation, Corporate Governance, Global Warming: The Heat Is On!” IL, November 11-13, 2009
  • Co-Chair, HB Litigation Conferences:  “Madoff Class, Derivative & Insurance Litigation,” NY, December 2, 2009
  • Presented:  “Products Liability Law: Why Your Company May Be Sued And What Can You Do About It,” Hangzhou, China, November 17, 2009
  • Presented 2009 London Market USA Study Tour, Katie School of Insurance and Financial Services:  “Ponzi Schemes and the Credit Crisis: D&O, FI and Professional Liability Coverage Issues,” IL., July 14, 2009
  • Presented at the Emerging Issues Conference:  “The Multi-Billion Dollar Pyramid Show: Ponzi Schemes and Insurance Coverage Issues,”  NY, April 30, 2009
  • Presented at the C5’s Annual D&O Liability Insurance Conference:  “Reassessing Claims Management Policies and Procedures: Creating an Effective Framework for Your Global Business,” , London, England, March 24-25, 2009
  • Presented at the CPCU Society Conference: “Emerging Issues in Professional Liability: The Subprime Mortgage Crisis,” PA, September 7, 2008
  • Presented at the PLUS Conference:  “The Subprime Crisis from an Insurance Perspective,” PA, May 22, 2008
  • Presented at the C5’s 11th Annual D&O Liability Insurance Conference: “The U.S. Subprime Loan Crisis: Who is in the Firing Line? Could It Happen Over Here? Should European Insurers and Reinsurers Begin to Worry?,” London, England, March 5, 2008
  • Presented at the PLUS International Conference:  “Without Class? Opt-out Plaintiffs Go it Alone,” Washington, D.C., November 7, 2007
  • Presented at the Mealey’s Subprime Mortgage Insurance Conference:  “The Subprime Meltdown: Is it Covered?,” IL, October 29, 2007
  • Presented at the Mealey’s Litigation Management Guidelines Conference:  “What You Need to Know About Litigation Management Guidelines,”  NY, May 2007
  • Presented at the 10th Annual D&O Liability Insurance Forum:  “How Recent Developments in the U.S. Will Impact You,” , London, England, March 2007
  • Presented at the PLUS International Conference“The Globalization of D&O – A Brave New World Awakens,” Chicago, IL, November 9, 2006
  • Presented at the European Forum on D&O Liability Insurance:  “US Developments for European Insurers: Key Issue Update,” , Munich, Germany, 2006
  • Presented at the Annual Conference of the National Association of Mutual Insurance Companies:  “D&O Exposures: Present and Future,” Tampa, Florida, 2006
  • Presented at the PLUS Mid-Atlantic Chapter Educational Seminar:  “The Not-for-Profit Life: Life is Not So Simple for Not-for-Profits Today,” Philadelphia, 2006
  • Presented at the 2nd Annual Execusummit Directors & Officers Insurance Conference:  “21st Century Securities Fraud Litigation: Not Your Typical Insurer-Funded Settlements,” New York City, 2006
  • Presented at the European Insurance Forum:  “Insurance Markets in an Uncertain World, “, Dublin, Ireland, 2006
  • Presented at the 9th Annual D&O Liability Insurance Forum:  “What’s Happening Across The Pond? The Latest Trends and Likely Effect in Europe,” London, England, 2006
  • Presented at the PLUS International Conference:  “Good News: The World is Shrinking…Bad News: Now Everyone Can Get Sued! Transnational Issues Affecting D&O: A New Horizon,” , Boston, 2005
  • Presented at the Directors’ and Officers’ Liability Conference:  “Employment Practices Claims Against Directors and Officers: Considerations in Determining the Best Insurance Options,”  New York City, 2000.
  • Presented at the Product Tampering and Accidental Contamination Conference:  “Taking it to the Courts: A Direct and Cross-Examination of a Quality Assurance Director,” San Francisco, CA, 2000
  • Presented at the Directors’ and Officers’ Liability Conference:  “Year 2000 – Tick…Tick…Tick,” , New York City, 1999

Distinctions

2015
Advisen

Cyber Risk Network Person of the Year