Nitesh has particular expertise in contentious and non-contentious technology, privacy, data security, incident response and cyber insurance issues. He advises clients on privacy, and cyber and data breach risk. He also acts as a breach coach in response to incidents, advises on notification obligations, and acts for clients in litigated technology and cyber security disputes. Nitesh advises clients on the development and implementation of data breach response and incident management frameworks, as well as on the development of cyber insurance policies.
Beyond his cyber and IT expertise, Nitesh has extensive experience in Professional Indemnity and Directors’ and Officers’ Liability. He acts for insurers and insureds in disputes that involve complex policy and commercial issues.
Nitesh has built his practice by successfully advising on and executing the best commercial strategy to resolve claims, with a clear understanding of the underlying agreements in place and the alleged conduct giving rise to those claims.
Articles and Presentations
Third party claims risk from cyber incidents, 5th Cybersecurity, Data Breach & Data Privacy Forum, 9 Aug 2023
Nitesh Patel and Louisa Sijabat, Managing Principal, Merchants Advisory, Cyber Risk in Practice: what you need to know about all the changes to the Privacy Act – ARITA NSW/ACT conference March 2023
Ben Di Marco, Melissa Tan, Nitesh Patel, Ram Sunthar, Unravelling ransomware; the legal, regulatory, insurance and consequential risks – AISA Australian Cyber Conference 2022
Melissa Tan, Michael Green SC, Nitesh Patel, Simone Herbert Lowe, When do organisations owe cyber security duties to their clients? – AISA Australian Cyber Conference 2022
Nitesh Patel, Leah Mooney, Blare Sutton, Understanding Australia’s critical infrastructure cyber reforms – SOCI and beyond – AISA Australian Cyber Conference 2022
Presentation – Practical considerations in privacy & cyber risk for insolvency practitioners – with Shane Bell, McGrath Nicol – ARITA forum series, October 2022
Presentation – Cyber trends developments, July 2022
Presentation – Cyber risk for law firms & staying cyber safe, June 2022
Nitesh Patel, Elissa Baxter, To text or not to text: lawyering via chat apps, social media and messaging, (2022) June Law Society Journal of New South Wales
AILA webinar – Held to Ransom: Current Reflections On Cyber Claims, September 2021
Presentation to clients on cyber trends and developments 2021, April 2021
Presentation to clients on the cyber landscape 2020 : trends and developments
Nitesh Patel, James Duffy, Lewis Flynn “No vicarious liability for a rogue employee’s data breach: learnings for more than the Morrisons UK supermarket chain” (2020) 17(5) PRIVLB 74
Nitesh Patel, Katrina Sweet “Obligations under CPS 234 and its trickle-down effect” (2020) 16(10) PRIVLB 183