Rich DeNatale is one of the nation's leading lawyers in the field of cyber insurance. He has been retained to handle insurance claims for more than 100 cyberattacks and data breach incidents, including some of the largest in history. In the last two years, he has successfully obtained cyber insurance recoveries for more than two dozen clients including major financial institutions, technology companies, and health care providers.
Rich's experience includes all aspects of cyber insurance. He is frequently engaged by Fortune 500 clients to advise on insurance coverage in the wake of cyberattacks. He works with clients during the renewal process to assess and strengthen their coverage for cyber risk. Rich has also served as lead counsel for policyholders in precedent-setting coverage cases on data privacy claims.
Additionally, Rich has 25+ years of experience handling a wide range of insurance claims, coverage disputes, and arbitrations (including London arbitrations) for corporate policyholders in the technology, retail, energy, health care, manufacturing, and financial sectors. 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 12 years. He has testified as an expert witness on California insurance law and frequently writes and lectures on data breach, cyber, and other insurance issues. Rich has authored the chapter on cyber insurance for the first three editions of The Cyber Investigations Guide published by Global Investigations Review (GIR).
Experience
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.
Additional Publications
- May 2023
Cyber Investigations Guide, Cyber Insurance Chapter (3rd ed.), published by Global Investigations Review - July 2019
The Guide to Cyber Investigations, Chapter 5: Cyber Insurance (1st edition), published by Global Investigations Review - January 2019
Daily Journal: Important Privacy Cases to Track in 2019 - September 2018
Jones Day Podcast: Preparing Your Company for a Cyberattack - August 2015
Law360: California Supreme Court Decision is Good News for Policyholders - July 2015
Law360: Insurance Lessons Healthcare Companies Should Learn from Cyberattacks
Additional Speaking Engagements
- January 30, 2020
Consumer Privacy, CCPA, and Insurance Issues: Jones Day JDU - September 11, 2019
GDPR and CCPA Insurance Coverage Issues: Addressing New Risk Exposures, Strafford CLE - January 22, 2019
The New California Consumer Privacy Act, JDU - April 28, 2017
The Future of Cyber Insurance, Cleveland Marshall Law School Cybersecurity Conference - 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
- Harvard University (J.D. 1985; A.B. 1981)
- California
Recognized by Chambers USA as one of the nation's leading insurance lawyers, where he is described as "exceptionally bright, very detail oriented, and great at strategy"