Rafael Rivera

Associate

New York

(212) 453-3879

(646) 588-1372

Rafael focuses his practice on matters involving directors and officers liability insurance coverage. He has experience handling all aspects of D&O claims management and coverage analysis in connection with securities class actions; derivative actions; Delaware appraisal petitions; opioid-related claims; qui tam lawsuits involving the False Claims Act; antitrust and unfair competition claims; investigations and litigation by the SEC and DOJ; and other complex litigation. In addition, he has represented D&O insurers in a number of high-exposure cases involving a wide variety of coverage terms and provisions.

Moreover, Rafael has broad claims and coverage litigation experience involving commercial general liability and first party property insurance policies. He is also committed to pro bono work, having previously represented an undocumented person in removal proceedings before the DOJ.

Rafael is an active member of the firm’s Professional Liability Coverage Practice Group, and Hispanic Attorney Resource Group. Before joining Cozen O'Connor, Rafael practiced law in Chicago for six years, and remains licensed in Illinois.

Rafael received his J.D. from DePaul University College of Law and his B.A. in political science from The University of Tampa. Following law school, Rafael served as a Judicial Law Clerk in the Illinois Circuit Court of Cook County for the Honorable Joan Powell. 

News

Rafael Rivera Named 2021 Leadership Council on Legal Diversity Fellow, Jordan Chisolm and Orla Thompson Named Pathfinders

March 09, 2021

Cozen O'Connor has chosen Rafael Rivera, an associate in the firm’s Global Insurance Department, to be a member of the 2021 class of fellows, participating in a landmark program created by the Leadership Council on Legal Diversity (LCLD) to identify, train, and advance the next generation of leaders in the legal profession.

Super Lawyers Recognizes 21 Cozen O’Connor Attorneys in New York

September 29, 2020

Super Lawyers has named 21 Cozen O’Connor attorneys to its 2020 New York Super Lawyers and Rising Stars list.

17 Cozen O’Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

September 27, 2019

Super Lawyers has named 17 Cozen O'Connor attorneys to its 2019 New York Super Lawyers and Rising Stars list.

Publications

Illinois Appellate Court Requires CGL Insurer To Defend Insured Against BIPA Claim [Casualty Coverage Chronicle Blog]

April 16, 2020

Illinois’ Biometric Information Privacy Act (“BIPA”) restricts businesses that collect biometric information (e.g., DNA, fingerprints, facial and iris recognition) from disseminating that information. Although BIPA had been in effect for more than a decade, the Illinois Supreme Court’s ruling in...

Delaware Supreme Court Validates Federal Forum Provisions in Delaware Corporations’ Charters [Alert]

March 24, 2020

Rafael Rivera discusses the Sciabacucchi decision and how it may impact state SCAs and limit attendant D&O-related costs.

Litigation Uptick (Best's Review)

March 03, 2020

Rafael Rivera published an article to Best’s Review titled, “Litigation Uptick.” In this article, Rafael discusses why insurers are seeing an uptick in litigation.

Fifth Circuit Affirms Application of Securities Exclusion [Alert]

August 26, 2019

Rafael Rivera discusses Gleason v. Markel American Insurance Company and the importance of the wording of securities exclusions in D&O policies.

Eleventh Circuit Holds No Obligation to Cover Defense Costs from DOJ Antitrust Investigation

July 30, 2019

Rafael Rivera, Jr discusses the Circuit Court's decision in Crowley and how it may impact whether government investigations trigger coverage under D&O policies and, if so, at what point during an investigation.

Education

  • DePaul University College of Law, J.D., 2011
  • The University of Tampa, B.A., 2007

Awards & Honors

Rising Star, Illinois Super Lawyers Magazine, 2016-2019

New York Super Lawyer "Rising Star" 2020

  • Illinois
  • New York
  • U.S. District Court -- Northern District of Illinois

Illinois Circuit Court

Chicago Council on Global Affairs

American Bar Association

Hispanic National Bar Association

Illinois State Bar Association