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Events

Winning and Losing Strategies Litigating the Duty to Defend

May 12, 2022
American College of Coverage Counsel 10th Annual Meeting

Raymond Sheen spoke at the American College of Coverage Counsel's 10th Annual Meeting panel "Winning and Losing Strategies Litigating the Duty to Defend."

This panel of counsel for policyholders, insurers, and a federal district court judge addresses argumentative and substantive strategies and their outcomes in litigating the duty to defend under general liability and other specialty policies providing a defense obligation in a variety of types of underlying claims. The panel focuses on recent decisions and personal experience regarding litigating the duty to defend and reception of these duty-to-defend arguments by federal and state court judges. The panel addresses useful and unhelpful rhetorical devices in addressing whether the duty exists and its scope, differences between jurisdiction, and resulting issues arising from various procedural postures in which the duty to defend arises, including assessment of reasonable and necessary defense fees and costs when a duty is found.

Firm Highlights

Publication

Continuing Use of CGL Policies to Cover Data Breach Losses

Our lives and the products and devices we use become more dependent on data by the day. As a result, cyberattacks and data breaches present everchanging risks to companies and individuals, and the importance...

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News

Farella Braun + Martel Announces Five New Partners

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Publication

No Quarter: What Claims Doesn’t Section 230 of the Communications Decency Act Protect Platform Companies Against?

Depending on what you read or who you talk to, Section 230 of the Communications Decency Act (47 U.S.C. § 230) (CDA) is either a tool of censorship, a shield of Big Tech that...

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Publication

Litigation Trends In the Private Equity and Venture Capital Space

In today's Upside episode, we explore fiduciary duty in the venture capital context. Can owners of a venture capital management company act in ways that explicitly disadvantage their business partners? Can they agree to...

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News

Farella Braun + Martel Shortlisted for 2022 Benchmark Litigation Awards

Northern California legal powerhouse Farella Braun + Martel has been shortlisted for two 2022 Benchmark Litigation Awards. The firm was shortlisted for “San Francisco Firm of the Year” and Douglas R. Young was shortlisted...

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News

Janice Reicher Named a 2022 Leadership Council on Legal Diversity Fellow

Farella Braun + Martel is proud to announce that Janice Reicher has been named a member of the 2022 class of Leadership Council on Legal Diversity (LCLD) Fellows. Janice joins a select group of...

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Publication

The FASTER Act: What Companies Need To Know About the New Food Allergy Law

While the Food Allergy Safety, Treatment, Education, and Research Act (FASTER Act) only makes a minor change to add sesame as a major food allergen, it signals the government’s intent to closely examine food...

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News

Kelly Matayoshi Recognized With 2021 Outstanding Barristers Award

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Event

Fire Season Preparedness: What Wineries Should Do

Tyler Gerking is the moderator and Jennifer Bentley is a speaker at the Paso Robles Wine Country Alliance program "Fire Season Preparedness: What Wineries Should Do.”  Guest speakers include Piper Cole and Joe Nordlinger...

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News

Farella Names Ashley Breakfield and Cynthia Castillo As Leadership Council on Legal Diversity Pathfinders

Farella Braun + Martel is proud to announce that senior associates  Ashley Breakfield and Cynthia Castillo were selected to be members of the 2022 class of Leadership Council on Legal Diversity (LCLD) Pathfinders. The...

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