Representative Cases and Matters for Mary McCutcheon

Directors and Officers and Management Liability

  • Represents a number of public companies and their directors/officers in obtaining coverage for defense and indemnity costs in securities, derivative and merger and acquisition actions, including Chesapeake Energy, Intuitive Surgical, Zynga, Finisar Corporation, Cadence Design, J.C. Penney, Herbalife and Starz.  These matters have included “Side A” claims where the company recovered losses through coverage available to its directors and officers.
  • Advises international shipping companies on coverage issues arising out of securities and preference claims asserted in multiple jurisdictions and involving foreign policy forms.
  • Obtained coverage for the defense of a private medical testing device company facing investor fraud and product failure claims.

Venture Capital and Private Equity

  • Represents venture capital and private equity firms in disputes with liability insurers over coverage for securities fraud, shareholder representative liability, commercial disputes, and employment claims.
  • Advises firms regarding coverage wording and placement.

Architects and Engineers Professional Liability

  • Represents international architect/engineering firms in coverage disputes over  damages and delay claims involving complex issues of multi-party insurance and indemnity.

Technology Claims

  • Represents an artificial intelligence company in insurance claims arising out of a data breach affecting customers and their consumers; involves coverage issues relating to company’s direct losses as well as liability claims.
  • Represents a cloud communications platform company in negotiations for coverage for a class action settlement of invasion of privacy claims in connection with the recording of text messages.
  • Provides strategic coverage advice to a ride-sharing company in connection with significant automobile accident claims involving its drivers.
  • Assists technology companies in obtaining coverage for intellectual property, product failure, wrongful termination and invasion of privacy claims.
  • Advise technology, media, hospitality and other companies on obtaining coverage for defense and settlement of sensitive wrongful termination claims.

Non-Profit/Private Clients

  • Provides coverage advice to foundations and other non-profit organizations regarding the placement of insurance and protection of high-net worth individuals involved in the organizations.

Public Entities

  • Represents public and semi-public entities in obtaining coverage under traditional and captive programs for claims including antitrust, police brutality, landslide property damage and personal injury claims.

Mass Casualty Claims

  • Represented Connex Railroad (now Veolia Transportation) in the settlement of personal injury claims arising out of the 2008 Chatsworth commuter rail accident.

Firm Highlights

Event

Identifying and Preparing Expert Witnesses for Trial

How do you identify the key experts you need for trial? Once you have them, what are the best practices for preparing them for trial? How do these practices vary depending on your venue, and...

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Event

North Coast Cannabis Industry Conference

Farella Braun + Martel is proud to underwrite the North Coast Cannabis Industry Conference featuring keynote speaker Aaron Smith, co-founder and executive director of the National Cannabis Industry Association. The event will also feature...

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Publication

Who 'Owns' a Secret? Whether Trade Secret Licensees Have Standing to Sue in California

If the eye-popping damages awards in several recent lawsuits are any indication, companies are increasingly coming to see their private information as one of their most valuable assets—and California juries apparently agree. For example,...

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News

Farella Braun + Martel Named Among the Best Places to Work in the Bay Area 2019

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News

How to Plan for a Smooth Transition of Your Family Business

Family Wealth Senior Associate Lauren Galbraith discusses how family internal dynamics play a role in transferring significant assets, especially a business, between generations. Link to read the full article.

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Publication

Attorney General Finds Impact Fees on Density Bonus Projects Invalid

In response to questions from a variety of cities across the state regarding the application of “public benefit fees” to density bonus projects, the State Attorney General’s Office published an opinion on April 9...

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Publication

Individual Accountability in the Huawei Trade Secrets Prosecution

In the ongoing legal battle over the alleged theft of American trade secrets by Chinese telecom giant Huawei, one curious aspect is the lack of charges filed against any individual Huawei employees. On February...

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Publication

The 10th Circuit Correctly Construes “That Particular Part” Narrowly

We do not often write about coverage opinions from jurisdictions as far away as Oklahoma; however, a recent case from the Federal Tenth Circuit looked at one of our favorite topics and came out...

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News

Daily Journal Names Jeff Fisher Among Top IP Lawyers in California

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Event

CWA Regulation of Discharges to Groundwater: Permitting Uncertainty in Light of Circuit Court Split

Sarah Bell will speak on the Strafford live webinar, "CWA Regulation of Discharges to Groundwater: Permitting Uncertainty in Light of Circuit Court Split." This CLE webinar will discuss the "indirect discharge" theory of Clean...

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