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
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
- Federal Court confirms AFS Licensee obligations include adequate cyber risk management
- The unveiling of Australia’s Ransomware Action Plan
- Insights from the H12021 OAIC Notifiable data breach report
- Double-extortion: an evolution of ransomware
- Department of Home Affairs releases Cyber Security Discussion Paper for Public Consultation
- Microsoft warns of recent activity by Nobelium focused on IT Companies
- Labor introduces new bill to mandate notification of ransomware payments
- Australian Government acknowledges impact of Ransomware
- Cyber coverage amid COVID-19
- Rogue employee’s data breach: UK supermarket chain not liable in class action
- COVID-19 Toolkit: Cyber risks and exposures amid COVID-19
- Australian breach notifications increase in the second half of 2019 but continue to lag behind other nations
- Government to Enhance Data Privacy and Protection to ‘Regulate the Digital Age’
- Australia's first shareholder class action judgment
- Obligations under CPS 234 and its trickle-down effect
- Banking Royal Commission Report - in a nutshell
- Bank of Queensland v AIG – Aggregation in representative proceedings
- Causes of data breaches, industries most impacted and regulator comments following the first 8 months of the NDB Scheme