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Roberta D. Anderson

Partner
+1.412.355.6222
Fax +1.412.355.6501

Ms. Anderson is a partner in the firm's Pittsburgh office with over fifteen 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, Ms. 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.

Ms. 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. Ms. Anderson has performed insurance due diligence for clients contemplating mergers and acquisitions concerning the adequacy of the target companies’ insurance programs. She also counsel clients on risk transfer and representation and warranty insurance in connection with corporate transactions.

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

Professional Background

Ms. Anderson has lectured and published extensively on issues relating to insurance coverage, cybersecurity and data privacy, international arbitration and products liability. She currently serves on a number of editorial boards, including for the Tort Trial & Insurance Practice Law Journal (American Bar Association) and The Insurance Coverage Law Bulletin (American Lawyer Media). She also served on the editorial board of the CGL Reporter (International Risk Management Institute) from 2007 to 2010. Ms. Anderson has spoken on a variety of insurance coverage and litigation practice issues for The Risk and Insurance Management Society (RIMS), Strafford, Law Seminars International, the American Bar Association (ABA), and various local bar association and other professional programs.

Ms. Anderson is a member of both the ABA Litigation Section and the ABA Tort and Insurance Practice Section (TIPS). She currently serves as a Co-Chair of the ABA Section of Litigation’s Insurance Coverage Litigation Committee (International/London Subcommittee). She also serves as a Vice-Chair of the ABA TIPS Insurance Coverage Litigation Committee. Ms. Anderson is past Chair of the ABA TIPS Excess, Surplus Lines and Reinsurance Committee (2008-2010) and served as a member of the ABA Public Relations Special Standing Committee from 2010 to 2012.

Ms. Anderson has served as an arbitrator in the Allegheny County Court of Common Pleas, Pennsylvania

Professional/Civic Activities

  • United Way of Allegheny County
    • Tocqueville Committee (2012 to present)
    • Emerging Leaders Tocqueville Sub-Committee (2013 to present)
    • Young Leaders Group (Member, 2000 to present; Committee Member, 2001; Co-Chair, 2002; Philanthropy Sub-Committee, 2006)
    • Women’s Leadership Counsel (Member, 2001 to present)
    • Campaign Cabinet (2002)
  • Allegheny Conference on Community Development (Athena Award Program Host Committee, 2004 to 2010)
  • Downtown Pittsburgh YMCA (Board of Management, 2004 to 2010; Advisory Committee, 2010 to present)
  • University of Pittsburgh School Of Law
    • Chancellor’s Circle
    • Law Fellows
    • Murray S. Love Mock Trial Competition Judge (2011 and 2012)
    • Alumni Reunion Class Representative (2008 and 2013)
  • American Bar Association
    • Section of Litigation
    • Tort and Insurance Practice Section
  • Allegheny County Bar Association (Civil Litigation Section)
  • Pennsylvania Bar Association (Civil Litigation Section)

Speaking Engagements

  • Quoted in “Insurers Flocking To Data Breach Exclusions In CGL Policies,” Law360, August 27, 2014
  • Quoted in “Cybersecurity easing its way into M&A due diligence,” Advisen Cyber Risk Network, August 22, 2014
  • Quoted in Fox Business News, “Disruptors,” August 20, 2014
  • Quoted in Law360, “Specialized Cyber Insurance Becoming A Must For Many Cos.,” August 12, 2014
  • Lecturer, “Cybersecurity Law 2014: Minimizing Data Legal Liability Risk in the Digital Age, Pennsylvania Bar Institute CLE Program, August 11, 2014 (Pittsburgh, PA)
  • Lecturer: “FDIC and Other Banking Agency Litigation Against Auditors, Law Firms, Appraisers and Other Outside Advisors: Latest Developments in Defending Agency Claims and Maximizing E&O Insurance Coverage,” Strafford CLE Webinar, August 7, 2014
  • Lecturer: “Insurance Coverage for Data Breaches and Privacy Violations: Are Your Corporate Clients Truly Protected?,” Strafford CLE Webinar, August 6, 2014
  • Quoted in “Cyber Security Insurance Difficult for Business to Navigate,” The Huffington Post, August 4, 2014
  • Panelist, Cyber Sanity: Innovative Approaches to Data Security, Advisen, July 22, 2014
  • Lecturer, Before the Breach: Insurance and Other Ways to Proactively and Effectively Mitigate Cyber Risk, FX Conferences, July 14. 2014
  • Lecturer, “Cybersecurity Brief: Understanding Risk, Legal Framework, & Insurance Managing a Cyber Disaster: Cyber Insurance and Tools to Mitigate Losses and Liability 2014,” Practicing Law Institute CLE Webcast, July 8, 2014
  • Lecturer, “Cyber-Attacks: Insurance Coverage for Cyber Risks and Realities,” K&L Gates CLE Webinar, June 25, 2014 (Pittsburgh, PA)
  • Lecturer, “Cybersecurity Brief: Understanding Risk, Legal Framework, & Insurance,” securedocs Webinar, June 12, 2014
  • Quoted in “Third-party Vendor Contracts Must Reflect Data Risk,” Advisen Cyber Risk Network, May 30, 2014
  • Speaker, “Cultivating Ethics: Mitigating Vulnerability to Cyber and Data Security Threats in Order to Maintain Client Confidentiality.” ALM Virtual LegalTech Webinar, May 15, 2014
  • Panelist, “D&O & Cyber Forum” -- Sponsored by AON, May 7, 2014 (The Duquesne Club, Pittsburgh, PA)
  • Speaker/Coordinator: “Cyber3.0: Cutting Edge Advancements in Insurance Coverage For Cyber Risk & Reality” – RIMS Annual Conference, April 29, 2014 (Denver CO)
  • Panelist: "What Your Company Needs to Know about Cybersecurity,” OCTANe, April 17, 2014 (Irvine, CA)
  • Quoted in “FTC Shines Data Security Badge After Wyndham Ruling," Advisen Cyber Risk Network, April 14, 2014
  • Quoted in “Cyber Insurance vs. General Liability,” The Huffington Post, April 10, 2014
  • Lecturer: “Cutting-Edge Advancements in Insurance Coverage for Cyber Risk and Reality,” Pittsburgh Chapter of RIMS, Chapter Meeting, April 8 2014 (Pittsburgh, PA)
  • Quoted in Risk & Insurance, “Cyber Threat: Aviation, Unmanned Risk,” April 7, 2014
  • Quoted in Advisen Cyber Risk Network, “No Right Way Or Right Time, But Data Breach Notification A Must,” April 4, 2014
  • 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
  • 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
  • Quoted in Law360 article, “Sony Coverage Denial Could Be Boon For Cyber Insurers,” February 25, 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)
  • 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 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
  • Lecturer: “Insurance Coverage For Cyber Security Beaches: Insurance Strategies For Managing Cyber Risk,” Law Seminars International TeleBriefing, October 25, 2013
  • 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 (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)
  • Panelist: “Finding Balance in the Shifting Sands of Insurance Coverage” – ABA Tort Trial & Insurance Practice Section’s Insurance Coverage Litigation Committee’s Midyear Program, February 24-26, 2011 (Phoenix AZ)
  • Speaker: "Insurance Coverage Training Series: Nuclear-Related Liabilities" Insurance Coverage Training Series CLE, January 7, 2009 (Pittsburgh, PA)
  • Panelist: “Testing the Waters: Discovering the Latest Currents in Insurance Coverage Law: Navigating Current Issues Under E&O and D&O Policies” – ABA Tort Trial & Insurance Practice Section’s Insurance Coverage Litigation Committee’s Midyear Program, February 28–March 1, 2008 (Marina Del Rey, CA)
  • Panelist: “The Battle Before the Battle: Shifting Sands of Insurance Coverage Seeking Relief from the Changing Winds of Judicial Review” – ABA Tort Trial & Insurance Practice Section’s Insurance Coverage Litigation Committee’s Midyear Program, February 15–17, 2007 (Tucson, AZ)
  • Speaker: “Challenging the Guidelines & the Carrier’s Response” – LexisNexis® Mealeys™ Litigation Management Guidelines Conference, July 20-21, 2006 (New York, NY)
  • Speaker: “Broker Contingent Commissions Investigations” – Risk and Insurance Management Society (RIMS), April 2005 (Pittsburgh, PA)
  • Quoted in Business Insurance article, “PA Ruling Favors Nuclear Insurers,” December 6, 2002
  • Speaker: “Getting the Most Out of Lloyd’s And Equitas: Basics I: Organization And Terminology” –ABA Litigation Section’s Essential Intelligence for US Coverage Lawyers™ Conference, May 14-15, 2002 (Chicago, IL)
Insurance Coverage Litigation and Arbitration

Ms. Anderson has significant experience in complex commercial litigation with a substantial focus on the litigation, trial, appeal, arbitration and mediation of insurance coverage disputes. Representative matters include:
  • Briefed, argued and secured a precedent-setting victory on behalf of the policyholder in a landmark decision concerning insurance coverage for losses caused by a mechanical equipment failure. The suit successfully challenged the applicability of the standard-form “your work,” “your product,” product recall, and “impaired property” business risk exclusions that are typically contained in commercial general liability insurance policies and that are frequently relied upon by insurers. Washington Energy Co. v. Century Sur. Co., 407 F.Supp.2d 680 (W.D.Pa. 2005). Reported in Risk & Insurance, May 2006.
  • Represented the policyholder in a landmark decision concerning insurance coverage for claims alleging injuries resulting from exposure to radioactive emissions from nuclear fuel processing facilities. The suit successfully challenged the insurer’s approach to the “trigger of coverage” and the scope of its defense obligations. As part of the same case, a jury awarded $80 million for settlements entered into without the insurer’s consent. The Babcock & Wilcox Company, et al. v. American Nuclear Insurers, et al., No. 1916 WDA 2001, 2002 WL 31749119 (Pa. Super. Ct. 2005), aff’g 51 Pa. D. & C.4th 353 (Pa. Com. Pl. 2001), appeal denied, 829 A.2d 350 (Pa. 2003). Reported in Business Insurance, December 2002.
  • Represented a worldwide oil and gas exploration and production company regarding recovery under its Bermuda Form excess liability insurance policies in connection with underlying class action litigation alleging property damage relating to a Hurricane Katrina related crude oil spill at a refinery. Following the initiation of London-seated arbitration proceedings and a first partial award, the case settled favorably as to three of the four insurers. Following a final hearing on the merits, the arbitration panel ruled in favor of the policyholder on all issues.
  • Represented one of the four largest U.S. bank holding companies regarding recovery under its financial institution bonds/fidelity policies in connection with a substantial employee theft loss. Following the initiation of litigation, submission of proofs of loss and successful mediation, the case settled favorably.
  • Represented one of the largest U.S. diversified financial institutions regarding recovery under its vehicle residual value insurance policy. The case settled favorably on the eve of trial for a mid-nine figure recovery.
  • Represented one of the world's three largest producers of aluminum regarding recovery under its general liability insurance policies in connection with underlying claims alleging property damage to boats and other seafaring vessels arising out of the distribution of an aluminum alloy.
  • Represented a provider of health benefit plans regarding recovery under its excess loss mitigation insurance policies in connection with the settlement of underlying securities class action lawsuits. Following the initiation of litigation and mediation, the case settled favorably.
  • Represented an energy-sector policyholder regarding recovery under its pollution insurance policy in connection with the remediation of a former nuclear fuel processing facility. Following the initiation of litigation and discovery, the case settled favorably.
  • Represented a private equity investment firm regarding recovery under its professional liability insurance policy in connection with underlying litigation alleging breach of a merger agreement. Following the initiation of New York-seated arbitration proceedings, discovery and successful briefing on disputed coverage issues, the case settled favorably.
  • Represented a group self-insurance fund policyholder regarding recovery under its crime/fiduciary policy in connection with a substantial employee theft loss. Following the initiation of litigation, discovery and successful briefing on disputed issues, the case settled favorably.

Insurance Coverage Counseling

Ms. Anderson has counseled policyholders in connection with a wide range of insurance issues and disputes, from disaster, environmental, products liability, asbestos, nuclear, political risk and business interruption losses to disputes arising under D&O, E&O, and fiduciary liability policies and many others. A list of representative matters is available on request.


Insurance Coverage Due Diligence

Ms. Anderson has performed insurance due diligence for clients contemplating mergers and acquisitions concerning the adequacy of the target companies’ insurance programs. Representative matters include:
  • Counseled an energy-sector client in assessing key coverage terms and conditions, including sufficiency of limits, of a target company’s nuclear, pollution legal liability, commercial general liability and property insurance policies prior to acquisition.
  • Counseled a non-profit client in assessing key coverage terms and conditions, including change-in-control, anti-assignment, cancellation provisions, and extended reporting and tail coverage options, of a target’s commercial general liability, D&O, E&O, professional liability and workers’ compensation/employers’ liability policies prior to merger.

Insurance Coverage Negotiation and Placement

Ms. Anderson has counseled clients on complex underwriting and risk management issues, including the drafting and negotiation of D&O, E&O, data privacy and “cyber”-liability, and other insurance policy and blended program placements. Representative matters include:
  • Represented one of the five largest U.S. banks in structuring and negotiating the terms of its cyber insurance program.
  • Represented the world’s largest private operator of health care facilities in assessing and negotiating the terms of its data privacy, “cyber” and technology errors and omissions (E&O) /professional liability insurance program.
  • Represented a Fortune 500 retailer in assessing and negotiating the terms of its data privacy and “cyber” insurance program.
  • Represented a multinational financial services corporation in assessing and negotiating the terms of its cyber insurance policies.
  • Represented a large regional bank in negotiating its cyber insurance program and related breach response preparedness.
  • Represented an online travel/entertainment client in assessing and negotiating the terms of its technology E&O and “cyber” insurance program.
  • Represented a number of software and cloud outsourcers in assessing and negotiating the terms of their data privacy, technology E&O and cyber insurance policies.
  • Represented one of the world’s four largest media conglomerates in structuring and negotiating the terms of its D&O insurance program.