Rick Borden focuses his practice on three core intersecting areas: big data governance and the Internet of Things, cybersecurity risk management, and technology sourcing and transactions.
Before joining the firm, Mr. Borden served as the chief privacy officer and chief information security and privacy counsel of Depository Trust & Clearing Corporation (DTCC). He also acted as the general counsel of Soltra, the DTCC and Financial Services – Information Sharing and Analysis Center (FS-ISAC) - automated threat-sharing joint venture. During his tenure, Mr. Borden focused much of his outreach on alerting the business community to the risks and vulnerabilities in the cyber network.
Prior to joining DTCC, Mr. Borden 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 for the bank and broker-dealer.
Prior to joining Bank of America, Mr. Borden was an assistant general counsel at The Hartford, where he managed the 7 lawyers Technology Law Group that was responsible for all sourcing and technology contracts as well as intellectual property matters, including development of the patent department.
Prior to joining The Hartford, Mr. Borden was counsel at Brown Raysman Millstein Felder & Steiner, specializing in venture capital and private equity funded companies, and general counsel at Paradigm4, a private equity funded wireless data and systems integration company.
As one of the leading corporate Cybersecurity attorneys in the nation, Mr. Borden has taught university law school courses on information governance, cyber warfare and cybersecurity, including at the University of Connecticut School of Law, Benjamin Cardozo School of Law in New York, and Rutgers Law School in New Jersey.
Mr. Borden also is an inventor. He holds two patents covering insurance processing systems and methods for using mobile devices for medical monitoring application (US9224171B2, and US8510133B2) and one patent covering systems and methods for managing an emergency situation (US9349366B2).
Big Data Governance and the Internet of Things (IoT)
The Internet of Things (IoT) and the ever-expanding breadth of big data involve an entire value chain of hardware, software, and services—and legal risk and compliance concerns. Mr. Borden is at the forefront of advising clients who have deployed data-driven technologies across their enterprises, including the use of smart sensors and machine-to-machine and machine-to-human communications. He advises on the following:
- data protection compliance programs, audits, and responses to government compliance reviews
- privacy policies, documentation, and procedures as well as privacy impact assessments
- data sharing, including exploitation of big data
- collection and use of employee and consumer personal data, including export of personal data to countries outside the European Economic Area
- financial services and critical infrastructure matters
- bring your own device (BYOD) and mobile computing policies
- mobile payments
- privacy and data protection legal analysis, compliance counseling, and cross-border data movement
Cybersecurity and Privacy Risk Management
Mr. Borden is a leading voice in the science of analyzing data workflows to identify risk areas from the perspectives of process, policy, and technological controls. He has worked across IT and legal to articulate risk and drive the development of a universal mitigation strategy in alignment with his clients' overall risk management tolerances.
Mr. Borden assists clients to reform operational activities to mitigate and control the risks posed by processes, people, systems and events, including advising on cyber and privacy policies, best practices, reporting, auditing, and review. In particular, he is well versed in these areas:
- novel cyber and privacy risk information aggregation and reporting frameworks for C-suite and boards of directors evaluations
- regulatory investigations and compliance counseling
- cybercrime and data breach insurance policies and claims
- cross border data movement analysis and compliance
- disclosing of data to law enforcement authorities
- corporate risk management and reporting
- payment card association, post-breach penalties and audits
- virtual insurance companies
Technology Sourcing and Transactions
Mr. Borden has extensive and unique experience representing clients in drafting and negotiating long-term, collaborative deals to develop and commercialize innovation.
This experience includes software development agreements, IT platform agreements, outsourcing agreements (including business process outsourcing, supply chain, manufacturing, and IT), implementation and integration agreements, and managed services. Specifically, he focuses on the following:
- Software as a Service (SaaS) and cloud contracting
- master services agreements
- joint ventures and strategic alliances
- dispute avoidance and dispute resolutions relating to IT/Outsourcing relationships
- cyber forensics and legal issues associated with blockchain, encryption, and cryptography