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Policyholders’ Heaviest Hitters | Attorneys | New York

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Cyber

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Representing policyholders in their cybersecurity insurance claims, we draw on our ability to craft cutting-edge strategies to achieve optimal outcomes around the negotiation table and in the courtroom, including in precedent-setting cases that shape the contours of the law. No law firm in the nation is better credentialed or has a stronger history of success than our team in securing cyber-loss claim recoveries. Simply stated, clients and national ranking agencies say we’re the go-to firm for these complex, high-stakes matters. 

When companies fall victim to a cyber crime or data breach incident and subsequent insurance claim denial, they often turn to us because of our extensive experience, legal acumen and highly regarded reputation in recovering claims for cyber losses. We fully understand the importance of what facts to present, when to present them, and how best to frame our clients’ losses to fit the coverage they purchased. Additionally, our lawyers work closely with cyber experts to generate loss reports that line up with policy provisions and requirements.

Because of our litigation success in complex cyber-related cases, we’re better able to negotiate for our clients favorable resolutions with insurance carriers and their lawyers. Our team represents clients in a wide range of industries, including healthcare, finance, technology, retail, and many others that suffer cyber-related losses or significant security breaches.

In addition to handling claims for clients, we also advise them on the front end, offering counsel on purchasing the right insurance policies to safeguard against all types of cyber fraud and incursions. We help ensure that they are best positioned for coverage for any potential liability.

Our Inventive Approach

Landmark Case. By using a combination of ingenuity and sound legal reasoning in Medidata Solution, Inc. v Federal Insurance Co., our lawyers prevailed in a first-of-its-kind cybersecurity ruling, which lays the foundation for plaintiffs in future coverage disputes.

Creativity Matters. Cyber insurance coverage is relatively new, which means many of the cases and issues are blank slates. When it comes to crafting innovative coverage-friendly arguments and positions, we’ve got a case history of success that is bar none in this arena.

Visionary Thinking. Cyber thieves generate their frauds through spoofing, phishing, special engineering, and countless other trap doors. Insurance carriers often deny claims, insisting clients’ coverage doesn’t apply to a particular type of fraud. We are industry leaders in seeing around the corner to determine what potential form the cyber-frauds will take and helping our clients both purchase the right type of insurance and recover their losses.

Jargon Translation. We have cultivated the ability to interpret the arcane language used by computer coding and other cyber experts into plain English that judges and juries can understand, which helps us prevail in coverage disputes.

Our Strengths

Our team of lawyers draws on a blend of practical knowledge and creative strategies to serve clients in a wide array of areas, including: 

  • Insurance claim presentation, negotiation, arbitration and litigation
  • Domestic and international cases
  • Multijurisdictional disputes
  • Cyber Investigations
  • Cyber report preparation
  • Insurance acquisition counseling
  • COVID-19-related cyber claims

Experience Highlights

  • In a groundbreaking decision, our lawyers secured a first-of-its-kind summary judgment ruling for Medidata Solutions Inc. from the U.S. District Court for the Southern District of New York. The court recognized the company’s entitlement to coverage under a commercial crime insurance policy for a computer fraud loss, which was affirmed on appeal by the U.S. Court of Appeals for the Second Circuit.

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Recognition and Rankings

  • “Insurance Practice Group of the Year” – Law360 (2016 – 2020)

  • National Tier 2 for Insurance Law: “Best Law Firm” 2021 Edition, published by S. News-Best Lawyers

  • In 2020, Chambers USA again ranked our team in Band 1 for Insurance: Dispute Resolution: Policyholder in New York. Our group “handles the most complex and high-profile coverage cases and class actions” and is “well known for regularly securing key verdicts at trial and appellate levels for major corporate clients facing significant liability exposure. They have been at the top of the game for a long time and do a great job for clients.”

  • Our team was also ranked in 2018 and 2019 as a leading insurance litigation group (nationally and in New York) by Chambers USA.

  • 2020 The Legal 500 ranked our team as “leading lawyers” in Insurance: Advice to Policyholders:
    • Robin Cohen – Hall of Fame
    • Adam Ziffer – Recognized
    • Ken Frenchman – Recommended
    • Keith McKenna – Next Generation Partner

  • We were also ranked by The Legal 500 in 2018 and 2019.

  • 2016 The Legal 500 ranked our team as “top tier” for Insurance: advice to policyholders. The publication noted that the . . . insurance recovery practice has “experience across a wide range of insurance issues, including asbestos-related matters, as well as other product liability, environmental, toxic tort cases and D&O matters. The team also has significant regulatory expertise."

  • “Insurance Litigation Department of the Year” – The New York Law Journal (2017)

  • Our team ranked “Tier 1” nationally for insurance litigation by Benchmark Litigation in 2018 – 2020.

  • Numerous individual awards and rankings for Robin Cohen, Adam Ziffer, Ken Frenchman and Keith McKenna.

News/Insights

  • Cohen Ziffer Frenchman & McKenna named Insurance Practice Group of the Year by Law360

    January 22, 2024·Media Coverage·less than a minute

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