Experience

  • Construction Design Liability
  • Defect Litigation
  • Employment Liability
  • Media Liability and Intellectual Property Infringement
  • Products Liability
  • Securities Litigation
  • Venture Capital and Private Equity Liability

Multi-State Managed Care Insurance Coverage

Ongoing insurance coverage advice to a multi-state managed care organization in connection with various disputes arising out of underlying litigation. Underlying matters include major class actions, high-value personal injury and employment cases, business disputes, and qui tam litigation. 

Securities Class Action

Advising health and wellness company on coverage issues in connection with securities class actions and related derivative lawsuits. 

EPL and E&O Insurance Coverage

Representing one of California’s largest health plans in connection with various coverage matters arising under EPL and E&O policies. 

Medical Device Products Liability

Ongoing representation of medical device manufacturer in connection with product liability lawsuits. We have achieved significant insurer contributions on client’s behalf. 

Webcor-Obayashi Joint Venture v. Zurich American Insurance Company

Represent Webcor-Obayashi Joint Venture, the general contractor for the Salesforce Transit Center, against its builder’s risk insurer, Zurich American Insurance Company.  

Kleinfelder

Retained to represent science and engineering consulting firm Kleinfelder in pursuing insurance coverage for large construction claims related to three Kleinfelder projects in California.

Venture Capital Firm Dispute and Resolution

Represented venture capital firm in obtaining insurance coverage for defense costs associated with its substantial investment in a portfolio company that faced high-profile investigations commenced by multiple federal agencies.

Hospital Executive Wrongful Termination

Advised regional hospital in connection with a high-stakes individual wrongful termination case.  Successfully negotiated independent counsel rates to cover all of the hospital’s costs with no coverage gap, and advocated for the hospital’s interests in response to various coverage and litigation management challenges generated by the hospital’s employment practices liability insurer, a Joint Powers Authority.

Trademark Infringement

Advising health and wellness company on the insurance coverage available for underlying lawsuit alleging infringement of trademark and slogan, and misappropriation of advertising ideas. 

Claims Advocacy for Venture Capital Firm

We represented a venture capital firm in several disputes with its liability insurer, including a dispute concerning coverage for alleged liability arising out of conduct by a rogue shareholder representative, in which we obtained a substantial contribution from the insurer to the settlement of the underlying matter. We continue to represent the same client in ongoing negotiations concerning coverage for a securities class action filed against the venture capital firm and its appointed board member, arising out of one of the largest losses in the history of venture capital.

Multi-jurisdictional Coverage Litigation Over Legal Malpractice Insurance Tower

We pursued claims against a national law firm’s professional liability insurance tower in litigation venued in California, Washington D.C. and London, and successfully resolved the claims through mediation. 

Confidential Arbitration Over CGL Insurance for Technology Company

We won an arbitration before a three-arbitrator panel, preventing an insurer from recovering a settlement payment it made under a CGL policy on behalf of a technology company, and then defeated the insurer’s petition to vacate the award; that order is currently on appeal.

Resolution of Start-Up's Founder Dispute with Venture Capital Firm's Insurance Proceeds

We advised a venture capital firm in connection with underlying “founder dispute” litigation, naming the portfolio company, its three largest investors, and their appointed board members as defendants. At mediation we resolved a potential eight-figure claim for an amount well within the limits of available insurance, persuading our client’s insurer to contribute far greater than its proportionate share of the settlement, to protect the client’s interests and its investment.

National Union Fire Ins. Co. v. Electronic Arts, Inc.

We represent Electronic Arts Inc. in coverage disputes arising out of class action lawsuits alleging misappropriation of likeness and antitrust violations brought by college and NFL athletes whose likenesses were allegedly used without their permission. When EA’s insurers filed a declaratory relief action to establish that they did not owe a duty to defend the underlying actions, we successfully obtained a stay of the coverage litigation pending further progress of the underlying actions.

Architects and Engineers’ E&O Coverage for Large Construction Projects

We provide ongoing strategic coverage advice to a global architectural and engineering firm in unique and complicated coverage and indemnification issues relating to disputes involving multi-million dollar transportation and sports facilities.

Claims Advocacy for International Shipping Entities Involved in Securities Litigation

We are currently advising international shipping entities regarding coverage issues arising out of securities litigation and preference claims asserted in multiple jurisdictions and involving nonstandard policy forms.

Claims Advocacy for Technology Company Involved in Data Breach

We represent a software and services company in an insurance claim arising out of a data breach that involves resolution of coverage issues relating to both customer and consumer class actions claims.

Resolution of Sensitive Claims Against Medical Testing Company with Insurance Proceeds

We represented a medical testing company facing serious and extremely public claims regarding alleged deficiencies in its technology and negotiated a resolution of all coverage claims.

Negotiation for Insurance and Indemnification Provisions for Timber Sale Agreement

We negotiated indemnification and the terms of a $100 million insurance tower relating to a timber sale agreement in Northern California to address wildfire risk.

Cyber and Tech E&O Policy Negotiation

We represent numerous technology companies in negotiating the terms of their Technology Errors & Omissions liability and cyber insurance policies.

Cyber Warranty and Backing Insurance Policy Negotiation

We have helped a cyber security company draft a warranty and backing cyber insurance policy for its customers.

Expert Witness Testimony on Captive Reinsurance

One of our partners served as expert witness on California insurance law on behalf of Camarin Ltd., a captive reinsurer for Weyerhaeuser.  Camarin paid $25 million in connection with a class action settlement and sought reimbursement from its reinsurer, Swiss Re.  Swiss Re denied coverage, resulting in coverage litigation in British Columbia. The case involved novel issues of proving a reinsurance claim for a matter resolved by settlement where the reinsurance policy does not have a “follow the settlements” clause.  The British Columbia courts held that Camarin was required to present a full trial of the class action as if it had not settled, but had gone to trial in 2003.  The matter settled on favorable terms shortly after Camarin presented the expert reports constituting its case in chief.

Environmental Coverage Litigation and Resolution

We represented U.S. Borax, a mining and chemical company, in insurance coverage litigation over multi-state, multi-site environmental coverage clean-up costs involving over 80 policies issued over a 25-year period. After securing favorable Phase I rulings on key legal and policy interpretation issues, we obtained substantial recoveries in settlement on the eve of a jury trial and preserved coverage for potential future claims.

Greenwich Ins. Co. v. Prosper Marketplace, Inc.

We represented Prosper Marketplace, Inc., a peer-to-peer lending company, in a bench trial in California state court against a D&O insurer that breached its duty to defend a securities class action lawsuit, and then successfully defended the trial win in the California Court of Appeal.

Portfolio Company Exit

Represented a prominent venture capital firm in connection with insurance coverage issues arising out of a medical device portfolio company exit.  Post-closing, the acquiring company brought claims against the venture capital firm, to which the firm’s VCAP liability insurer initially denied coverage.  Following our involvement, the venture capital firm obtained a substantial settlement contribution from its insurer. 

Port of Oakland – Marine and Aviation Capital Improvement Projects

Assisted the Port of Oakland on developing its owner-controlled risk management and insurance program for over $1 billion worth of marine and aviation capital improvement projects.

Bio-IT and Health-IT Venture Capital

Represent a venture capital firm focused on Bio-IT and Health-IT portfolio companies, in connection with a major claim arising out of its investment in a former portfolio company.  The portfolio company and its former management face investigation by both SEC and DOJ, for alleged conduct related to health care industry practices.  We assist the venture capital firm in obtaining coverage for its investigation-related expenses under its VCAP liability insurance coverage. 

Firm Highlights

Publication

Regulatory Changes Underway To Address Dwindling California Property Insurance Market

We keep hearing about how difficult it is for our clients to get property insurance these days, both for homes and businesses in Northern California’s wildfire-prone areas. Which, of course, is most of Northern...

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Publication

When Can an Insurer Pursue a Malpractice Claim Against Defense Counsel Retained for an Insured? (Part Two)

By Jalen M. Brown, Kristin Davis, Shanti Eagle, Peter J. Georgiton, and J. Mark Hart Part 1 of our two-part article addressed the circumstances in which an insurer can directly pursue malpractice claims against...

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Publication

Reporting Dispute Claims Within Closely Held Wineries

Many wineries operate as closely held companies, meaning they’re owned by an individual or small group of shareholders, who are often members of the same family. Disputes regarding ownership interests can arise, particularly when directors...

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Publication

When Can an Insurer Pursue a Malpractice Claim Against Defense Counsel Retained for an Insured? (Part One)

By Jalen M. Brown, Kristin Davis, Shanti Eagle, PeterJ. Georgiton, and John Mark Hart When an insurer accepts an insured’s tender and agrees to provide a defense, it is often an afterthought as to whether...

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Publication

BIPA Liability: Existing CGL Coverage May Provide a Lifeline for Policyholders

Developments in the law have increased the potential liability that companies could face under the Illinois Biometric Information Privacy Act (BIPA), but fortunately for policyholders, Illinois case law has also solidified coverage for BIPA...

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Publication

Insurance Market Crushes Wineries and Wine Country Homeowners

We keep hearing about how difficult it is for winery and vineyard owners to get property insurance these days, both for their homes and their wine businesses in California’s wildfire-prone areas. Those who have...

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Publication

Disputes Between Shareholders May Not Be Governed by Fiduciary Duties but Could Be Covered by Insurance

(As published in Private Company Director ) Disputes regarding ownership interests often arise in the context of closely held corporations, particularly when directors, officers, or majority shareholders sell or acquire ownership interests in the...

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