Anderson Kill Forms Cyber Insurance Recovery Group

Monday, September 8, 2014 - 12:02

Anderson Kill has formed a Cyber Insurance Recovery Group to help clients maximize insurance coverage for losses stemming from data breaches and other technology-related losses and liabilities.

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.

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, DC, Dallas, TX 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 Richard Y. Cheng (Dallas), Marshall Gilinsky (DC), Cort T. Malone (Stamford), Darin J. McMullen (Philadelphia), Robert Chesler (New Jersey), Dennis J. Nolan (New York) and Ann 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 Joshua Falakassa (Ventura), Peter A. Halprin (New York),Nicholas R. Maxwell (New York), and Vianny Pichardo (New York).