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Roberta Anderson

Roberta Anderson

Roberta Anderson is a partner in the Pittsburgh office of K&L Gates, with more than 15 years of experience in complex commercial litigation and alternative dispute resolution. A member of the firm’s global Insurance Coverage and Cyber Law and Cybersecurity practice groups, Anderson concentrates her practice in the areas of insurance coverage litigation and counseling and emerging cybersecurity and data privacy-related issues. She has represented policyholders in connection with a broad spectrum of insurance issues and disputes arising under almost every kind of insurance coverage, including general liability, commercial property, business interruption, data privacy and “cyber”-liability, directors and officers (D&O), errors and omissions (E&O), technology E&O, professional liability, employment practices liability (EPL), political risk, environmental, fidelity, fiduciary, crime, terrorism, residual value, nuclear and other insurance coverages, and in broker liability disputes. Ms. Anderson provides strategic advice on ways to maximize the value of clients’ current and historic insurance assets.

Anderson also counsels clients on complex underwriting and risk management issues. She has unique and substantial experience in the drafting and negotiation of D&O, technology E&O, data privacy and “cyber”-liability, and other insurance coverages. She provides strategic insurance coverage advice to clients in assessing their potential risks, analyzing new insurance products, considering the adequacy of their existing insurance programs and negotiating new placements tailored to the clients’ specific risk profile. Anderson has performed insurance due diligence for clients contemplating mergers and acquisitions concerning the adequacy of the target companies’ insurance programs. She also counsels clients on risk transfer and representation and warranty insurance in connection with corporate transactions.

Anderson has served as coverage counsel in a variety of forums, including U.S. federal and state courts, ad hoc arbitration and private mediations. She has acted as special insurance counsel in reorganization proceedings in the U.S. Court of Appeal for the Fifth Circuit. Anderson also has participated in arbitrations in leading national and international situses, including London, Bermuda and New York. Anderson has significant knowledge and experience relating to the London and international insurance markets.

Publications

· Five Reasons Why The Sony Data Breach Coverage Decision Is Wrong,Insurance Coverage Alert, March 10, 2014

· 5 Reasons The Sony Data Breach Coverage Denial Is Wrong, Law360, February 28, 2014

· NIST Unveils Cybersecurity Framework, Cybersecurity and Insurance Coverage Alert, February 17, 2014

· Five Tips to Consider When Any Public Company Might be The Next Target, Cybersecurity Risk Factors Alert, February 11, 2014

· 5 Cybersecurity Considerations For Public Companies, Law360, February 10, 2014

· The Calm Before the Storm Is the Time to Consider Insurance Coverage (Part 2), The Insurance Coverage Law Bulletin, Volume 12, Number 13, February 2014

· Viruses, Trojans and Spyware, Oh My! The Yellow Brick Road to Coverage in the Land of Internet Oz – Part II, FC&S Legal, The Insurance Coverage Law Report, February 2014

· Suffer a Data Breach? Your 1st Call Should Be to… a Lawyer, Interview with computer security consultant and attorney Scott Aurnou, 27 January 2014

· Recall Decision Points Toward CGL Coverage For Data Breach, Advisen Cyber Risk Network, January 24, 2014

· Texas Supreme Court Holds “Contractual Liability” Exclusion Inapplicable, Insurance Coverage Alert, January 21, 2014

· Texas High Court Fortunately Says ‘No’ In Ewing, Law360, January 17, 2014

· Before Becoming The Next Target: Recent Case Highlights The Need To Consider Insurance For Data Breaches, Insurance Coverage Alert, January 16, 2014

· Case Highlights Reasons To Consider Data Breach Insurance, Law360, January 14, 2014

· Leading Coverage Lawyers: The Most Significant Insurance Coverage Decisions Of 2013, Coverage Opinions, Vol. 3, Issue 1, January 8, 2014

· How to Purchase Cyber Insurance, FC&S Legal, The National Underwriter Company, January 2014

· The Calm Before the Storm Is the Time to Consider Insurance Coverage (Part 1), The Insurance Coverage Law Bulletin, Volume 12, Number 12, January 2014

· Federal Insurance Office Unveils Long-Awaited Modernization Report,Insurance Coverage Alert, December 17, 2013

· TalkingPoint: Managing Risk In The Chemicals Industry, Financer Worldwide, December 2013

· Viruses, Trojans and Spyware, Oh My! The Yellow Brick Road to Coverage in the Land of Internet Oz – Part I, FC&S Legal, The Insurance Coverage Law Report, December 2013/January 2014

· Top 10 Tips For Insuring Cyber Risks, The Risk Report, International Risk Management Institute, Inc. (IRMI), Volume XXXVI, No. 4, December 2013

· Recent California Decision Upholds Data Breach Coverage, Commercial Disputes Alert, November 26, 2013

· How to Secure Data Breach Coverage, FC&S Legal, The Insurance Coverage Law Information Center, November 26, 2013

· NIST Unveils Preliminary Cybersecurity Framework, Cybersecurity Alert, November 25, 2013

· Some Traditional Insurance Policies May Cover Data Breach, Law360, November 19, 2013

· When Companies Need Cyber Insurance, Today’s General Counsel, October 25, 2013

· Cyber Insurance – Selecting the Right Policy to Identify and Mitigate Risk, TMT Law Watch Blog, October 23, 2013

· Cyber Insurance — Selecting the Right Policy, Legal Cloud Central Blog, October 25, 2013

· How to Purchase “Cyber” Insurance, Insurance Coverage Alert, October 21, 2013

· Recent California Decision Holds That Privacy / Data Breach Liability Covered Under “Traditional” Insurance Policy, Insurance Coverage Alert, October 18, 2013

· How to Purchase “Cyber” Insurance, FC&S Legal, The Insurance Coverage Law Information Center, October 17, 2013

· ISO’s Newly-Filed Data Breach Exclusions Provide Yet Another Reason To Consider “Cyber” Insurance, Law360, September 26, 2013

· Yet Another Reason To Consider Cyber Insurance, Law360, September 23, 2013

· The International Comparative Legal Guide to: International Arbitration 2013, Chapter 64: USA, published by Global Legal Group Ltd, London, 2013

· New York Appellate Court Clarifies Fidelity Bond “Direct Loss” Requirement, Insurance Coverage Alert, August 7, 2013

· Utilizing Recent Case Law to Develop Effective Products Liability Class Action Strategies, Copyright 2011 Thomson Reuters/Aspatore, July 18, 2013

· Wrap Your Head Around ISO’s Additional Insured Revisions, Law360, July 16, 2013

· Extend Cyber Insurance Coverage To The Cloud, Today’s General Counsel, July 10, 2013

· Shine a Spotlight on Cyber “Cloud” Coverage, IRMI Update, Issue 297, July 10, 2013

· Spotlight On Cyber “Cloud” Insurance Coverage, Legal Cloud Central Blog, July 1, 2013

· Wrap Your Head Around ISO’s Additional Insured Revisions, Law360,June 14, 2013

· Insurance Coverage for Cyber Attacks (Part 2), The Insurance Coverage Law Bulletin, Volume 12, Number 5, June 2013

· Determining the Scope of “Additional Insured” Coverage: Recent ISO CGL Insurance Form Revisions Merit Close Attention By Contracting Parties, Insurance Coverage Alert, 9 May 2013

· Insurance Coverage for Cyber Attacks (Part 1), The Insurance Coverage Law Bulletin, Volume 12, Number 4, May 2013

· ISO’s 2013 “Additional Insured” Endorsement Changes Merit Close Attention, Coverage, Vol. 23. No. 3, May-June 2013

· The Role of Insurance in the Land of Viruses, Trojans, and Spyware,Coverage, Volume 23, Number 1, January-February 2013

· Key Insurance Coverage Considerations in the Wake of Superstorm Sandy, The Insurance Coverage Law Bulletin, Volume 11, Number 12, January 2013

Interviews

· Quoted in “NIST Cybersecurity Framework Remains Potential Standard of Care, Lawyers Say,” Vol. 34, No. 46, Communications Daily, March 10, 2014

· Quoted in Feature Story, ”Policy language interpretation favors insurers in Sony case,” Advisen Cyber Risk Network, March 7, 2014

· Quoted in Law360 article, “Sony Coverage Denial Could Be Boon For Cyber Insurers,” February 25, 2014

· Quoted in Business Insurance article, “Insurers prepare for implementation of new cyber liability exclusions,” January 19, 2014

· Quoted in Healthcare Risk Management article, “Cyber policies a good deal, but choose carefully,” Vol. 36, No. 1, January 2014

· Quoted in Healthcare Risk Management article, “Insurer tried to say CGL offered no breach coverage,” Vol. 36, No. 1, January 2014

· Quoted in Healthcare Risk Management article, “Court says insurer liable for data breach expenses,” Vol. 36, No. 1, January 2014

· Quoted in Advisen’s Front Page News article, “Target credit card thefts a cue to review cyber coverage terms,” December 23, 2013

· Quoted in Financer Worldwide article, “TalkingPoint: Managing Risk In The Chemicals Industry,” December 2013

· Quoted in Advisen’s Front Page News article, “CGL exclusions will fuel cyber purchase trend,” November 18, 2013

Speaking Engagements

· Panelist: “Cybersecurity Threats in the Financial Sector,” March 5, 2014 (Pershing LLC, Jersey City, NJ)

· Lecturer, “Insurance Coverage for Data Breaches and Privacy Violations: Are Your Corporate Clients Truly Protected?,” Strafford CLE Webinar, February 26, 2014

· Panelist: “Who’s On First? Insurance Coverage For Mass And Class Actions” – ABA Tort Trial & Insurance Practice Section’s Insurance Coverage Litigation Committee’s Midyear Program, February 20-22, 2014 (Pheonix, AZ)

· Lecturer: “Insurance Coverage For Cyber Security Beaches: Insurance Strategies For Managing Cyber Risk,” Law Seminars International, October 25, 2013 (TeleBriefing)

· Speaker: “Cybersecurity and Privacy: Managing Threats, Risks and Protection,” October 22, 2013 (University Club, Palo Alto, CA)

· Speaker: “Insurance Coverage For Cyber Risks And Realities,” Co-Sponsored by the Association of Corporate Counsel, Western Pennsylvania Chapter and K&L Gates, September 24 ,2013 (Pittsburgh, PA)

· Speaker: “What Your Company Needs to Know about Cybersecurity,” K&L Gates Webinar, June 6, 2013 (live from Pittsburgh, PA)

· Speaker: “Additional Insured Coverage & Contractual Indemnification” – Insurance Coverage Training Series CLE, June 3, 2013 (Pittsburgh, PA)

· Speaker: “Cyber Risk And Insurance” – Insurance Coverage Training Series CLE, September 5, 2012 (Pittsburgh, PA)

Recent Articles by Roberta Anderson

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  • Cyber
  • Enterprise Risk Management
  • Property/Casualty