Richik Sarkar is a staunch business and legal advocate, but more importantly, a trusted advisor, fixer, and business partner to his clients, helping them respond to critical situations in a way that maximizes success. He does this for clients across several industries — ranging from media agencies and technology companies to utilities and governments to local, regional, and global retailers, real estate companies, and financial institutions — by handling and directing litigation, special projects (organizational updates, policies, strategies, enforcement actions, etc.), and risk and crisis management. Through his broad and varied practice, Richik has become an authority on many critical business topics including corporate strategy, policy and process management, corporate governance and fiduciary liability, and regulatory compliance and investigations.
Richik has particular prowess handling complex litigation and business matters relating to commercial and consumer practices and regulations, cybersecurity and cyberspace law, business torts and commercial disputes, and class action defense. He has received recognition from his clients and peers alike for his commitment to client service and his command of specific areas of law in publications such as The Best Lawyers in America® and Ohio Super Lawyers.
Richik also serves as McGlinchey Stafford’s Chief Privacy Officer.
In sum, through comprehensive strategy, advocacy, and grit, Richik anticipates and addresses his clients’ legal, compliance, and business issues before they become complicated and costly disputes and increase risk. More importantly, Richik recognizes that his clients are not in the business of litigation; rather, they want to focus on making their organizations successful.
To this important end, in addition to helping clients resolve disputes, Richik anticipates and addresses his clients' legal and business issues by providing legal advice and commercial judgment tailored to their corporate and business strategies. This is especially true with respect to issues related to:
- Complex litigation and class action defense
- Data privacy and cybersecurity
- Business torts
- Regulatory compliance and investigations
- Racketeer Influenced and Corrupt Organizations Act (RICO)
- Bank Secrecy Act/Anti-Money Laundering (BSA/AML)
- Business divorce
- Corporate governance and fiduciary duties
- Director and officer liability
- Uniform Commercial Code (UCC)
- Unfair competition and Unfair, Deceptive, or Abusive Acts or Practices (UDAAP)
- Consumer financial protection statutes, including the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and Regulation X
- Foreign Corrupt Practices Act (FCPA) and False Claims Act (FCA)
Relevant Business Counseling, Risk Management, and Litigation Experience
- Counsels business, nonprofit, and government clients in the areas of risk management, crisis management, complex commercial litigation and class action defense, business torts, data privacy, social media, RICO, fraud, business interference, director and officer liability, fiduciary liability, the UCC, consumer protection, unfair competition, UDAP (Unfair or Deceptive Acts or Practices), government investigations, internal investigations, and regulatory compliance (FCPA, FCA, TCPA, etc.).
- Counsels financial institutions and third-party vendors in the areas of banking regulation, CFPB and OCC examinations and investigations, internal investigations, risk management, third-party risk management, data privacy, fair lending, commercial and consumer lender liability, the UCC, federal preemption, Bank Secrecy Act and Anti-Money Laundering compliance (including BSA/AML regulatory actions and litigation, Transaction Monitoring, Know Your Customer, Enhanced Due Diligence, and filing of Suspicious Activity Reports), UDAAP (Unfair, Deceptive, or Abusive Acts or Practices), and complex banking and financial services litigation and class action defense.
- Counsels public school districts, school boards, and other governmental entities in, among other subjects, the areas of special education, discipline, taxation, real estate, litigation, intellectual property, data privacy, board governance, open meetings, and public records laws.
Relevant Cybersecurity and Data Privacy Experience
- Drafts proactive policies, process management, and practices, including evaluating which state and federal laws may apply, and best practices to avoid or mitigate data breaches. Ensures compliance with state and foreign data security regulations.
- Drafts incident response plans, written information security programs (WISP), training, confidentiality agreements, document retention, and employee policies. Also counsels clients regarding cybersecurity insurance coverage.
- Addresses potential liability for company officers and directors.
- Manages data breach response, including crisis management. Responds to civil investigative demands and other requests for information in conjunction with administrative enforcement actions relating to privacy and data security issues, including with respect to the use of GPS and other technology to locate and disable collateral. Conducts internal investigations within client organizations.
- Assists clients with third-party vendor management, including negotiating and revising contracts with consumer reporting agencies and other third-party data providers, with respect to the financial institution’s use and furnishing of information.
- Litigates direct and derivative actions—as both plaintiff and defendant—related to data breaches and data incidents.