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

Publication

10 Tips for Mandatory Covid-19 Vaccination Policies

The Biden administration recently announced that it will be mandating Covid-19 vaccine policies for federal contractors and federal employees, as well as for employers with over 100 employees. This announcement, along with surging Delta...

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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

How Changes to California’s Fire Regulations Could Affect North Coast Housing Projects

Both the Board of Forestry and the State Senate are considering changes to state fire regulations that would affect real estate development in California. The first set of changes can be found in the...

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Event

Emerging Contaminants and the Law (Right Now)

Sarah Bell is presenting "Emerging Contaminants and the Law (Right Now)" during the "Contaminants of Emerging Concern and Superfund: What Lies Ahead" session discussions on November 18 at the SETAC North America 42nd Annual Meeting.  Details...

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News

Farella Braun + Martel Recognized in 2021 Chambers High Net Worth Guide

Farella Braun + Martel’s Private Client Industry Group earned recognition in the 2021 Chambers High Net Worth (HNW) guide as a leading firm in the Private Wealth Law category for Northern California. A publication...

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Event

The Gorilla in the CERCLA Closet: Natural Resources Damages (Webcast)

Sarah Bell will present "The Gorilla in the CERCLA Closet: Natural Resources Damages" session at the ALI-CLE Environmental Litigation webcast.  She will cover: Creative applications of NRD claims Marshalling the NRD trustee’s case NRD...

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Event

Pushing for Diversity in Philanthropy

Join Farella's Wendy Hernandez and guest speaker, Afshan Paarlberg, assistant visiting professor at Indiana University Lilly Family School of Philanthropy, for the nonprofit industry program "Pushing for Diversity in Philanthropy." A pressing question for many philanthropists...

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News

Farella Braun + Martel Pursues Midsize Mansfield Rule Certification

Farella Braun + Martel is proud to announce that it is participating in the second iteration of the Midsize Mansfield Rule certification process, which aims to increase the representation of diverse lawyers in leadership...

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Publication

How to Guard Against 3 Cannabis Cyber Attack Risks

Cyber attacks are now commonplace. Ransomware attacks, in particular, have skyrocketed in frequency and size. High-profile data breaches have cost businesses in the United States millions of dollars in losses and incalculable reputational harm...

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News

Farella Braun + Martel Announces Final Court Approval of $575 Million Settlement With Sutter Health in Landmark Antitrust Class Action

Farella Braun + Martel is proud to announce that San Francisco Superior Court Judge Anne-Christine Massullo has granted final approval of the landmark $575 million antitrust class action settlement with Sutter Health, the largest...

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