Richard M. Borden


New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
T 212 728 3872
F 212 728 8111

Richard M. Borden is counsel in the Corporate & Financial Services Department and Cybersecurity and Privacy practice group where he focuses on intersecting areas such as technology transactions, cybersecurity and privacy risk management, Fintech and Insurtech.

Rick is at the forefront of cybersecurity and privacy issues, advising on big data governance and the Internet of Things, cybersecurity risk management, and technology sourcing and transactions. Rick translates the often complicated language of technology, cybersecurity, privacy, risk and compliance to assure that it's understood from both a legal and business perspective. His experience on both the customer and vendor side of matters enables him to advise general counsel, C-Suite executives and boards of directors on how to understand potential risks and how to respond should they suffer an incident. Rick also interfaces with technology departments, advising them on how technology tools and programs may expose companies to risk.

Rick regularly advises clients on data compliance programs, audits and responses to government compliance reviews, privacy policies, data sharing and the collection and use of employee and consumer personal data. He also works with clients to develop bring your own device (BYOD) and mobile computing policies and provides privacy and data protection legal analysis and compliance counseling.

Rick’s significant experience across IT and legal sectors enables him to identify risk in light of process, policy and technology, and to effectively communicate with his clients, aligning strategy with their risk management tolerances. He also advises clients on cyber and privacy policies, best practices, reporting, auditing and review, and has extensive experience in regulatory investigations and compliance counseling, data breach insurance policies and claims, corporate risk and reporting, and post-breach penalties and audits.

Rick represents clients in drafting and negotiating long-term collaborative deals to develop and commercialize innovation. This experience includes Software as a Service (SaaS) and cloud contracting; joint ventures and strategic alliances; dispute avoidance and dispute resolutions relating to outsourcing; and issues associated with blockchain, encryption and cryptography.

Rick was named a 2017 JD Supra Readers' Choice Awards Top Author on the subject of cybersecurity.

+ Continue Reading

Richard M. Borden is counsel in the Corporate & Financial Services Department and Cybersecurity and Privacy practice group where he focuses on intersecting areas such as technology transactions, cybersecurity and privacy risk management, Fintech and Insurtech.

Selected Significant Matters

  • Served as the first lawyer on a multinational bank’s Cyber Forensics team, which works to protect the company from cybersecurity threats and minimize harm from any attacks
  • Assisted clients with drafting and implementing information security programs under GDPR
  • Handled cybersecurity, privacy issues, and intellectual property matters for a multinational bank
  • Developed cybersecurity policies, training, awareness, monitoring and testing for a financial services corporation
  • Restructured privacy department for a major corporation
  • Negotiated Cloud Computing agreement and numerous Software as a Service agreements which addressed privacy, data security and service for an investment and insurance company
  • Advises on transactional intellectual property, such as the impact on ownership of hardware and software in corporate purchases


*Rick advised on these matters prior to joining Willkie.

Prior Experience

Prior to joining Willkie, Rick was a partner at White and Williams and simultaneously served as Chief Legal Officer and Chief Privacy Officer at ORock Technologies, Inc., a cloud and infrastructure as a service provider. He previously served as the Chief Privacy Officer and Chief Information Security and Privacy Counsel of Depository Trust & Clearing Corporation (DTCC).

Rick also acted as the General Counsel of Soltra, the DTCC and Financial Services – Information Sharing and Analysis Center, an automated threat-sharing joint venture. During his tenure, he focused on alerting the business community to the risks and vulnerabilities in the cyber network.

Additionally, Rick was Senior Vice President and Assistant General Counsel at Bank of America, where he was responsible for cybersecurity, privacy issues, general technology, commercial contracting, outsourcing, licensing, data, and intellectual property. He was also a Vice President and Assistant General Counsel at The Hartford, where he managed the Technology Law Group that was responsible for all sourcing and technology contracts as well as intellectual property matters, including development of the patent department.

Selected Professional and Business Activities

Regarded as a thought leader in the areas of the cloud, SaaS, the Internet of Things and big data (collection, aggregation, movement and usage), Rick speaks and writes on these topics regularly. He has taught university law school courses on information governance, cyber warfare and cybersecurity at the University of Connecticut School of Law, Benjamin Cardozo School of Law in New York, and Rutgers Law School in New Jersey. Rick serves on the Board of Editors of the Journal of Law and Cyber Warfare and is a Senior Advisor to the RANE Networks.

Rick is an inventor, holding several patents -- two covering insurance processing systems and methods for using mobile devices for medical monitoring application (US 8510133 and US 9224171), one covering systems and methods for managing an emergency situation (US 9349366), one for insurance processing systems and methods using mobile devices for proof of insurance (US 9495709), and another for system and method for geocoded insurance processing using mobile devices (US 95852B2). He has filed other patent applications on a system for synergistic data processing, and an insurance processing system and method using mobile devices for proof of ownership.