Vincent J. Vitkowsky vCard

Partner

Vincent J. Vitkowsky represents insurers and reinsurers in litigation, arbitration, and counseling.  His practice includes coverage matters and claims litigation, in lines such as cyber, CGL, tech E&O, professional liability, management and D&O, energy, entertainment, and life and group health insurance.  Vince also represents insurers in commercial disputes.  Outside the insurance industry, he serves as counsel or arbitrator in a broad range of international commercial arbitrations.

Vince has cutting edge knowledge of cyber risks and insurance, representing cyber insurers in policy development, drafting, and review and interpretation.  He has addressed coverage issues involving, for example, data breaches, PCI assessments, retroactive date exclusions, cyberwar, cyberterrorism, and the operation of other insurance, duty to cooperate and subrogation clauses.  He has advised insurers in other lines of business on exposure to and coverage for cyber risks.  In these matters, Vince combines his experience as a veteran insurance and reinsurance lawyer with a strong background in terrorism and national security law.  He has served as an Adjunct Fellow at the Center for Law and Counterterrorism.

Vince represents clients in reinsurance disputes in virtually all lines of business, addressing all commonly recurring issues, as well as unique points of contract interpretation.  He also represents insurers, reinsurers and brokers in commercial disputes such as post-acquisition purchase price disputes, alleged business torts, breach of trade secrets, matters involving runoff companies and managing general agents, and disputes with state liquidators of insolvent insurers.

Vince has served as counsel in well over 100 arbitrations involving insurance and reinsurance.  In addition, he has served as counsel or arbitrator in international commercial arbitrations involving agency, sales, distribution, licensing, technology development, employment, joint venture, shareholder and other contracts, in industries such as financial services, aviation, textile and apparel, telecommunications, entertainment, champagne and real estate development. He is a member of the Panel of Arbitrators of the AAA International Centre for Dispute Resolution.

Vince’s practice is national and international. He has appeared pro hac vice in courts across the U.S., and has assisted in arbitrations in several countries. Vince has been counsel in over a dozen reported decisions involving insurance, reinsurance, and arbitration law.

Over the years, Vince has been selected for inclusion in many leading lawyer directories. Chambers America’s Leading Lawyers for Business has described him as “a well-prepared operator,” and noted that “clients appreciate his intelligence and tactics, which make a tough case seem a lot more manageable”. The International Who’s Who of Business Lawyers described him as “renowned for his litigation and dispute resolution counsel”.



Practice Areas

 Education

  • Northwestern University, B.A.
  • Cornell Law School, J.D.

 Admitted to Practice

  • New York

 Professional Affiliations

  • Claims & Litigation Management Alliance, Cyber Liability Committee (Fellow and Committee Member)
  • Federalist Society for Law and Public Policy Studies (Chair of International and National Security Law Practice Group)
  • International Arbitration Club of New York (Founding Member)
  • International Association of Claim Professionals (Adjunct Member, by invitation of the Board)

 Honors

 

  In various years since the early 1990s:

  • Chambers America’s Leading Lawyers for Business
  • Euromoney’s Best of the Best
  • The International Who’s Who of Business Lawyers
  • New York Superlawyers

Publications/Speaking

  • Author, “2016 Showed Active Cyber and Privacy Coverage Litigation Landscape,” Advisen Cyber FPN, January 5, 2017.
  • Author, “Cybersecurity and the Board of Directors,” Advisen Cyber FPN, December 2, 2016.
  • Speaker, “Cyber Case Law and Board Perspectives,” PCIAA Northeast General Counsel Seminar, 2016.
  • Author, “Insurance for Media Liability Risks,” Advisen Cyber FPN, May 19, 2016.
  • Speaker, “The Internet of Things,” Cyber Liabilities Insurance ExecuSummit, 2016.
  • Speaker, “Are You and Your Insurer Connecting on Cyber Risk?,” HB Northeast Corporate Counsel Forum, 2016.
  • Speaker, “Cyber Liability,” CPCU Society Reinsurance Symposium, 2016.
  • Author, “Cyber and Privacy Coverage Litigation 2015,” Advisen Cyber FPN, March 18, 2016.
  • Speaker, "Cyber Coverage Advanced," NetDiligence Cyber Risk and Privacy Liability Forum, 2015.
  • Author, "The Internet of Things:  A New Era of Cyber Liability and Insurance," Declarations, Spring 2015.
  • Speaker, "Conflict Resolution:  Strategies for Resolving Disputes Quickly and Cost-Effectively," ACI Forum on Run-Off and Commutations, 2015.
  • Author, "War, Terrorism, and Hacktivism under Cyber Insurance Policies," Advisen Cyber Risk Network, September 4, 2014.
  • Author, "Key Takeaways in Newly Released Homeland Security Insurance Industry Report," NetDiligence Junto, July 23, 2014.
  • Author, “Snowden Affair Fuels the Conflict for Control of the Internet,” Advisen Front Page News, Cyber Edition, November 7, 2013, re-published in Cyberinquirer – News and Views on Recent Developments in Cyber Law and Insurance.
  • Speaker, “Dispute Resolution – Arbitration, Mediation, Litigation,” Reinsurance Association of America Re Contracts, 2012.
  • Author, “Internal Appeals of Arbitration Awards in Reinsurance Disputes,” Mealey’s Litigation Report:  Reinsurance, November 16, 2012.
  • Author, “The Cyber Threat Matrix to Energy and Utility Companies,” Advisen Cyber Liability Journal, Vol. 3, August 2012.
  • Author, “Industrial Cyber Attacks Generate Wide Range of Coverage Concerns,” Business Insurance, March 19, 2012.
  • Speaker, “Litigation Under the Antiterrorism Act,” ABA Homeland Security Law Institute, 2012.
  • Speaker, “Cyber Risks – What Are They and Who Is Affected,” LMA Lloyd’s Market Academy Masterclass, 2012.
  • Author, “The Insurance Industry’s Fight against Terrorism,” Business Insurance, September 12, 2011.
  • Program Chair and Speaker, “Reinsurance, National Security and Terrorism,” Reinsurance Association of America Members Forum, 2011.
  • Speaker and Counsel in Mock Reinsurance Mediation, British Insurance Law Association, 2010.
  • Author, “Reinsurance Issues Arising from the 2005 Hurricane Season,” ABA Tort Trial & Insurance Practice Law Journal, Spring 2006.
  • Speaker, “Continuing Challenges In Commercial Arbitration,” CPR International Institute, 2005.
  • Author, “Not For the Faint of Heart – Directors and Officers Reinsurance Issues,” PLUS Journal, February 2004.
  • Author, “What Really Occurred – The World Trade Center Litigation,” The Review, April 2003.
  • Author, “Transnational Procedures and Transparency in International Commercial Arbitration,” Eurowatch, July 2003.
  • Speaker, “The Reinsurance Market’s Perspective on September 11,” British Insurance Law Association, 2002.

 Networking


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