Atmel Corp. v. St. Paul Fire & Marine Ins. Co.
We sued to recover defense and settlement costs that Atmel Corporation incurred in underlying claims alleging defects in memory chips, as well as damages for insurance bad faith. We successfully defended an effort by the insurer to rescind Atmel’s general liability and technology errors and omissions policies and, on the eve of a federal jury trial, obtained a substantial recovery in settlement. An early ruling in the case established that the attorney-client privilege may extend to communications between a policyholder’s attorney and its insurance broker. Atmel Corp. v. St. Paul Fire & Marine Ins. Co., 409 F. Supp. 2d 1180 (N.D. Cal. 2005).
Cyber Liability / Data Breach
After our client suffered a major data breach, implicating a large database of personally identifiable information, we worked with the company to recover the necessary response costs under its cyber liability policy.
National Union Fire Insurance Co. of Pittsburgh, PA, et al. v. Electronic Arts, et al
We represent Electronic Arts Inc. in coverage disputes arising out of class action lawsuits alleging misappropriation of likeness and antitrust violations brought by college and NFL athletes whose likenesses were allegedly used without their permission. When EA’s insurers filed a declaratory relief action to establish that they did not owe a duty to defend the underlying actions, we successfully obtained a stay of the coverage litigation pending further progress of the underlying actions. National Union Fire Insurance Co. of Pittsburgh, PA, et al. v. Electronic Arts, et al.
, Case No. C11-04897-SI (N.D. Cal.).Read More
We represented NVIDIA Corporation in pursuing insurance coverage under both its technology errors & omissions and commercial general liability policies for claims arising out of chip failures and related customer losses. We ultimately achieved a negotiated resolution of all insurance coverage disputes and obtained insurance funding for the settlements reached in the underlying litigation.
Patent Infringement Defense Costs / Technology Companies
We have represented several technology companies in obtaining coverage under traditional Commercial General Liability policies for defense costs incurred in complex patent infringement litigation, because the claims included allegations of disparagement and bad faith litigation.
Patent Infringement Liability Policy Coverage
We arbitrated coverage under a patent infringement liability policy issued by Intellectual Property Insurance Services Corporation, one of the only providers of patent infringement insurance. We challenged invocation of the policy’s unusual notice provision and opposed a rescission defense. Shortly before the hearing, and after amending to assert a fraud claim, we obtained a substantial settlement for our client, a leading provider of technology for distributing retail promotions over the Internet.
Trademark & Copyright Defense Costs / Regional Food Distribution Company
We represented a regional food distribution company in a dispute with its insurers regarding coverage for costs incurred to defend and settle trademark and copyright infringement claims involving the alleged sale of counterfeit products. After filing a federal court lawsuit and summary judgment motion, we recovered a substantial settlement from the company’s general liability and private company management liability insurers.
When VeriSign, Inc. (now VeriSign-Symantec) faced various consumer class actions regarding allegedly fraudulent cell phone charges, we represented the company in a dispute with its errors & omissions insurer regarding coverage for liabilities arising out of the claims. We obtained coverage for the vast majority of VeriSign’s defense and settlement costs.