Cyber Liability


Cyber LiabilityCyber liability and data privacy are critically important as cyber-crime and data privacy breaches increasingly create liability for businesses of all sizes. Righi Fitch's cyber liability practice is focused on the growing risks and rapidly evolving liability exposures associated with the security and storage of PII, PHI, PCI and proprietary information data. Our privacy attorneys are prepared to handle disputes arising from cyber risks and privacy breaches for a diverse group of industries including technology, retail, financial, banking, insurance, and professional service providers.

Innovative Solutions to Manage Cyber Risk

Our services relating to cyber risk and cyber management include a risk assessment of threats, vulnerabilities, and expected loss analytics. Righi Fitch supports clients before and after a data breach, identifying and advising on strategies that address and minimize potential cyber legal liabilities and protect the client's reputation in a cost-effective manner.


Through preemptive consulting including privacy and cyber security assessments, our cyber attorneys work with clients to develop data privacy and cyber best practices and incident response plans to minimize the risk of a data breach and put the client in the best position to respond when a cyber breach occurs.

To help minimize a client's potential legal exposure, we assist with the creation of applicable internal policies and procedures and employee training. We can guide the vetting of outside vendors and the purchase of cyber insurance coverage.

Many businesses elect to outsource operational functions to outside vendors. While vital to profitability, outsourcing creates additional cyber risks. In many cases, vendors were the weakest link in the cyber security chain and the easiest to blame for a cyber breach. Failure to properly vet a vendor's cyber capabilities could be a costly omission. Despite vendors being the cyber breach culprit, the company bears the loss and expense of the breach. This is because companies have not been proactive in vetting vendors, negotiating contractual provisions, and obtaining the proper insurance coverage. Where there is risk there is also opportunity. Not only does a company need to minimize cyber risk by properly vetting vendors, but it can also shift the risk to its vendors through well-drafted service contracts and insurance requirements. At Righi Fitch we evaluate our client's vendor outsourcing and prepare service vendor contracts that shift cyber liability to the vendors.


A complete understanding of a client's insurance program is vital to maximizing protection against cyber risk. Considering the adequacy of existing insurance programs, analyzing new insurance products, and drafting and negotiating cyber insurance policy placements, our attorneys are skilled in guiding the purchase of insurance coverage for various types of cyber risks. When necessary, we will monitor cyber claims and represent clients in coverage litigation.

Our Risk Management Process

  • Decode-Evaluate key characteristics of corporate culture that expose clients to cyber threats and that create cyber vulnerabilities.
  • Design-Develop internal cyber policies and practices and employee training modules that fit within corporate culture and support organizational goals. Develop third party vendor policies and practices and guide the procurement of cyber insurance to shift cyber risk away from clients to third parties.
  • Drive-Provide necessary leadership and project management to implement cyber policies and practices.

Righi Fitch Breach Response Team

A breach response team is an essential tool for any company to have in the modern day. Righi Fitch's Breach Response Team is positioned to immediately respond to cyber breach situations with a 24/7 incident response service to meet our client's needs.

Our Breach Response Team provides a rapid and comprehensive incident response with the assistance of cyber forensic investigators and experts who conduct forensic analysis to help determine the cause of the breach and identify the risk. Our Breach Response Team's goal is to help clients minimize exposure and navigate the complex state and federal regulatory and litigation related issues that may arise due to a breach. Our team will work with our client to implement the appropriate protective measures and assist in the coordination of breach notification responsibilities.


Our strategy for achieving success at Righi Fitch is to bring all of our trial experience to bear when it comes to defending third party cyber lawsuits and recovering data breach losses on behalf of our clients. Success often occurs well before a case ever reaches the courtroom. Our attorneys fully understand that a client must be well informed about the status of a case for claims administrators to effectively manage the litigation. We use an immediate and extensive case evaluation and budgeting process to consider the potential damage exposure or recovery and the cost of litigation. Our team regularly provides updates as the case progresses. Throughout the litigation, we actively pursue a prompt and cost-effective resolution and consider all alternative dispute resolution methods.

When courtroom litigation is necessary, our attorneys are committed to an innovative style designed to place clients in the best negotiation position for a favorable resolution or verdict. In court, our attorneys are resourceful, battle-tested litigators who, when warranted, employ cutting-edge technology to achieve the highest likelihood for success.


Righi Fitch also provides direct representation to insurance carriers. With more than 50 years of combined trial experience and an impressive record of success, the insurance defense lawyers of Righi Fitch Law Group are known for their resourcefulness and effectiveness. Combining this trial experience with cyber expertise our law firm provides innovative yet practical and cost-effective representation for insurance companies.

Representing Insurers

We are retained to serve as coverage, coordinating, and monitoring, and litigation counsel. Because cyber insurance policies are manuscript and have unique provisions and sub-limits, coordinating cyber breach responses and monitoring litigation is vital. As coordinating and monitoring counsel we work with insurance carriers to ensure that their interests are protected and that retained litigation counsel complies with litigation guidelines. We get involved as early as possible and are often able to stave off litigation, saving our clients a great deal of time and money.

Areas of Expertise

Cyber and Data Privacy Risk Assessments

Development of Client-Specific Policies to Manage Emerging Cyber Risks

Management of Outside Vendors

Management of Insurance Coverage Matters

Data Breach and Cyber Incident and Response Notification

Data Breach and Cyber Litigation

Cyber Subrogation and Litigation