Insights
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

News

Karen Kimmey Named Fellow of Litigation Counsel of America

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Event

Hot Topics and Recent Developments in the World of Insider Trading

Janice Reicher is a speaker at the Bar Association of San Francisco's MCLE program "Hot Topics and Recent Developments in the World of Insider Trading." Session Overview: This program will cover hot topics and recent developments in...

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News

Farella Braun + Martel Earns 2023 U.S. News – Best Lawyers® "Best Law Firms" Rankings

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Publication

One Pending Supreme Court Case Could Change the Internet as We Know It: Gonzalez v. Google and Tech Platforms’ Liability

The Supreme Court granted certiorari in Gonzalez v. Google , a high-stakes case appealed from the Ninth Circuit about the scope of protection Section 230 of the Communications Decency Act affords technology companies against...

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News

Lawyers on the Fast Track: Aviva Gilbert and Janice Reicher

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News

Section 230's Broad Liability Shield Seen as Living on Borrowed Time

Erik Olson spoke to Communications Litigation Today for the article, "Section 230's Broad Liability Shield Seen as Living on Borrowed Time," discussing the implications of the coming SCOTUS decision in Gonzalez .  In the...

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News

Kelly Matayoshi Receives 2022 Barristers Diversity Award

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News

William Keane Elected Regent of the American College of Trial Lawyers

William P. Keane headshot
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News

Farella Receives American Antitrust Institute 2022 Antitrust Enforcement Award

Northern California legal powerhouse Farella Braun + Martel is proud to announce that it has received a 2022 Antitrust Enforcement Award for “Outstanding Antitrust Litigation Achievement in Private Law Practice” from the American Antitrust...

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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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