RichardDeNatale (Rich)

Partner

San Francisco + 1.415.875.5740

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).

Expérience

  • Major retailer obtains insurance coverage for cyberattackJones Day was retained by a major retailer to obtain cyber insurance coverage for a cyberattack that resulted in significant business interruption losses.
  • Major technology company obtains insurance recovery for cyberattackJones Day was retained by a major technology company to obtain cyber insurance coverage for a ransomware attack related to the MoveIT software vulnerability.
  • Digital currency platform obtains revolving credit facilityJones Day represented a digital currency platform in connection with an asset-based revolving loan secured by and tied to the value of bitcoin collateral.
  • Electronic payment processor obtains insurance coverage for data breachJones Day was retained by an electronic payment processor to obtain cyber insurance coverage following a data breach resulting in potential access to PII and PHI.
  • Energy resource company obtains insurance recovery following ransomware attackJones Day was retained by an energy resource recycling company to obtain cyber insurance coverage for a data breach and ransomware attack.
  • 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.
  • 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.

    • 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