RichardDeNatale (Rich)

Partner

(T) + 1.415.875.5740

Rich DeNatale is one of the nation's leading lawyers in the field of cyber insurance and data breach coverage. He has been retained to handle insurance claims and strategy for more than 50 cyberattacks and data breach incidents, including some of the largest in history. In the last three years, he has successfully pursued cyber insurance coverage on behalf of companies in the technology, retail, manufacturing, health care, defense, and entertainment sectors.

Rich's experience includes all aspects of cyber insurance. He is frequently retained by Fortune 500 clients to advise on insurance coverage in the wake of cyberattacks. He has served as lead counsel for policyholders in precedent-setting coverage cases on data breach and privacy claims. He works with clients during the underwriting and renewal process to strengthen insurance programs to protect against cyber risk.

Additionally, Rich has 25 years of experience advising corporate policyholders on a wide range of insurance claims, arbitrations, and coverage disputes throughout the United States related to technology, energy, hospitality, real estate, health care, and media exposures. He is a veteran trial lawyer who has tried more than 15 cases and won jury verdicts on coverage and bad faith claims.

Chambers has included Rich in its rankings of the nation's top insurance coverage lawyers for the past eight years. He has represented clients in London insurance arbitrations and testified as an expert witness on U.S. insurance law. He frequently writes and lectures on cyber insurance, data breach coverage, and other insurance issues.

Experience

  • Sony Pictures obtains insurance coverage for losses arising from liabilities arising from 2014 cyberattackJones Day represented Sony Pictures Entertainment Inc. in obtaining insurance coverage for the 2014 cyberattack by North Korean hackers, from 2015 to 2019.
  • Sony Interactive Entertainment America obtains insurance coverage for cyberattack on online gaming networkJones Day represented Sony Interactive Entertainment America LLC in obtaining insurance coverage for a cyberattack on Sony’s online gaming network.
  • Fortune 500 manufacturing company investigates cyberattacks targeting payment card data on eCommerce siteJones Day directed the investigation into cyberattacks targeting payment card data on an eCommerce site of a Fortune 500 company's recently-acquired subsidiary.
  • LensCrafters defeats insurer challenge to coverage for data privacy class actionsJones Day represented Luxottica Retail North America and its affiliate LensCrafters in obtaining insurance coverage under a Managed Care E&O Policy for the cost of defending consumer class action litigation.
  • Aircraft leasing company resolves litigation stemming from damages to aircraftOn behalf of a company that had leased an aircraft to its operator, Jones Day resolved litigation filed in Florida state court arising from substantial damages caused to the aircraft and its engines while skidding off the runway at LaGuardia Airport.
  • Major healthcare non-profit organization negotiates funding agreement among three insurers to defend class action lawsuitJones Day represented a major healthcare non-profit organization in obtaining insurance coverage for the cost of defending class action litigation alleging data privacy claims.
  • Data analytics company responds to possible cyberattackJones Day advised a data analytics company in the healthcare sector regarding a possible cyberattack originating outside the United States.
  • Financial institution conducts review of cybersecurity and data protection preparednessJones Day is representing a U.S. financial institution in connection with non-adversarial cybersecurity and data protection issues, including responding to various regulators' inquiries.
  • The following represents experience acquired prior to joining Jones Day.

    Successfully represented Epson America in a coverage lawsuit against XL Insurance in Los Angeles federal court seeking defense coverage under a D&O policy for consumer class action and employment cases.

    Acted as lead counsel for Sony Corporation of America and affiliates in Zurich v. Sony Corporation of America, a closely watched coverage case litigated in the New York courts related to insurance coverage for data breach claims.

    Retained by numerous companies to advise on insurance strategy and claims following cyber attacks and data security incidents. Clients include leading companies in the financial services, e-commerce, healthcare, technology, and information sectors.

    Represented LensCrafters and affiliated companies in pursuing defense and indemnity coverage for data privacy class actions alleging disclosure of healthcare data. Acted as lead counsel in California coverage litigation and won a precedent-setting decision establishing coverage for data privacy claims.

    Acted as lead trial counsel and won unanimous jury verdict for a major utility company in a coverage trial against AIG/National Union over property damage claims under CGL policies.

    Represented a major manufacturer of building products in a series of lawsuits and class actions claiming product defects in the client's flagship product and won a jury verdict on product defect claims in a trial in Los Angeles County Superior Court.

    Represented numerous property owners and real estate developers in litigation and insurance matters involving construction-related claims, and won a jury verdict on coverage and bad faith claims in a federal court trial against Travelers Insurance.

    Advised several solar panel manufacturers and developers on insurance and litigation issues related to large-scale solar projects.

    Represented numerous employers in obtaining defense coverage and settlement funding under EPLI policies for wrongful termination, discrimination, and EEOC claims.

    Speaking Engagements

    • December 6, 2016
      Cybersecurity, Litigation Risk, and Insurance Coverage
    • April 7, 2016
      Advising Healthcare and Life Sciences Companies on Cybersecurity and Insurance
    • March 31, 2016
      Incident Response Forum 2016
    • March 24, 2016
      Data Breaches in Healthcare: Responding to Skyrocketing Cyber Attacks
    • January 28, 2016
      Cybersecurity in 2016: Breach Preparedness, Response, and Insurance
    • January 20, 2016
      Cybersecurity—Managing the Evolving Risk
    • January 12, 2016
      Lessons from Recent Data Breaches and Coverage Litigation
    • January 5, 2016
      The Insurer's Duty to Settle
    • December 15, 2015
      Negotiating and Understanding Cyber Liability Insurance
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