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

A Deeper Dive Into Insurance Topics for Nonprofits: Special Events Coverage and Considerations When Making Claims

Welcome to EO Radio Show – Your Nonprofit Legal Resource . In this episode, I'm delighted to bring you Part 2 of a conversation I had with Melissa Dalske, Chief Experience Officer at Nonprofits...

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Publication

How New Climate Change CEQA Thresholds Will Impact Bay Area Development Projects

Farella's CJ Higley and Donald Sobelman with guest speakers, Michael Keinath from Ramboll and Tania Sheyner from City and County of San Francisco, discuss "How New Climate Change CEQA Thresholds Will Impact Bay Area Development...

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Publication

New California Bill Requires Employers to Offer Bereavement Leave

AB 1949 , a bill passed by the California legislature and awaiting Governor Newsom’s signature, would require California employers to offer five days of bereavement leave to employees each time they lose a spouse...

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Publication

Basics of Impact Investing: A Conversation About Investment Policies and Evaluation Metrics For ESG Investors

Welcome to EO Radio Show – Your Nonprofit Legal Resource . In this episode, we address the fiduciary duty of a nonprofit board when setting its investment policies and how to think about impact...

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News

Who’s Who Legal 2022 Recognizes Farella Lawyers

Five Farella Braun + Martel lawyers have been recommended by Who’s Who Legal 2022 as leading practitioners in their fields. Who’s Who Legal – Environment 2022 James Colopy – Environment Robert Hines – Environment...

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News

Karen Kimmey Named Fellow of Litigation Counsel of America

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Event

Caught in the Crossfire: War Exclusion and Commercial Policyholders

Tyler Gerking and Patrick Loi will discuss "Caught in the Crossfire: War Exclusion and Commercial Policyholders" to the ACC Bay Area Chapter on October 12.  The “war” exclusion in cyber insurance policies has received...

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News

Jeff Hamilton Listed Among Top 200 Cannabis Lawyers by Cannabis Law Report

Farella Partner Jeff Hamilton has been listed among the Global Top 200 Cannabis Lawyers 2022/2023 by Cannabis Law Report. In his cannabis practice, Jeff represents investors and investment funds, cultivators, manufacturers, distributors, and ancillary businesses...

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News

Farella Braun's Doug Dexter on New ABA Role

Doug Dexter was recently elected chair of the American Bar Association’s (ABA) Labor and Employment Law Section. He spoke to Law360 about his plans for the role, issues affecting labor and employment lawyers, and his...

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Event

2022 Wildlife & Permitting Symposium

David Lazerwitz will present at the Burns & McDonnell "2022 Wildlife & Permitting Symposium."

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