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

CARES Act Paycheck Protection Program Summary (Updated)

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law (the full 880-page text of the CARES Act is available here ). One feature of the CARES...

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Publication

Wine Businesses, Lenders, and Difficult Conversations

The COVID-19 pandemic and public health efforts to combat it will impact different wine businesses in different ways. Those that depend on on-premise and direct-to-consumer (DTC) sales, such as restaurant, hospitality, and tasting room...

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Event

Coronavirus Was Unexpected, but Is It Force Majeure? (Webinar)

Join speakers, Matt Lewis and Janice Reicher, on the webinar discussing "Coronavirus Was Unexpected, but Is It Force Majeure?"

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News

Insurers Brace for Coronavirus Hit to ‘Event Driven’ D&O Line

Mary McCutcheon was quote in the Claims Journal article,"Insurers Brace for Coronavirus Hit to ‘Event Driven’ D&O Line." Link to read the full article .

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Event

7th Annual Partner Compensation One-Day Workshop

Brian Donnelly is presenting the case study session, "Managing Partner Performance" at Fairfax Associates' 7th Annual Partner Compensation One-Day Workshop. Click here for more information.

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News

Farella Advises on Sale of Diamond Creek Winery to Maison Louis Roederer

SAN FRANCISCO/ST. HELENA, March 16, 2020: Farella Braun + Martel represented the family of the late Boots Brounstein on the sale of their Diamond Creek Winery in Calistoga, Calf. to French Champagne producer Maison...

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News

Daily Journal Names Farella Lawyers Among Top IP Lawyers in California

Farella Braun + Martel is proud to announce that partners Jeffrey M. Fisher and James L. Day were named to the 2020 list of “Top Intellectual Property Lawyers” in California by the Daily Journal...

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News

Farella COVID-19 Update: A Message From the Managing Partner

To our clients, alumni and friends, During these unsettling times, Farella Braun + Martel is focused on protecting the health and safety of our firm members, clients, and communities and doing our part to...

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Publication

CARES Act Money for Wineries?

Beginning tomorrow morning, April 3 rd , the Small Business Administration will begin accepting applications for Paycheck Protection Program (PPP) loans under the new CARES Act. Amid the flurry of news, small winery owners may...

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Publication

Coronavirus (COVID-19) Insights and Resources

The spread of the coronavirus (COVID-19) is causing disruption throughout the US that we have not seen in generations. Governmental entities, academia, and the private sector are working diligently to contain COVID-19 while it...

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