Experience

  • Products Liability

Claims Advocacy for D&O Liability Insurance for Securities Class Actions and Derivative Claims

We have represented numerous companies or their directors or officers in obtaining insurance proceeds to fund the defense and settlement of securities class actions and derivative settlements, including Chesapeake Energy, Intuitive Surgical, J.C. Penney and Finisar Corporation.

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.

Claims Advocacy and Litigation Over Coverage for Talc Ovarian Cancer Claims

We are representing $75B multinational mining company Rio Tinto in insurance coverage litigation in San Francisco Superior Court regarding coverage for the Johnson & Johnson Baby Powder Ovarian Cancer Litigation (Talc Ovarian Cancer Claims). The Talc Ovarian Cancer Claims involve approximately 14,000 personal injury claims filed across the country alleging that talc exposure caused the plaintiffs’ ovarian cancer. This litigation recently resulted in a $4B verdict against J&J, as well as a number of other large verdicts. Our firm’s work involves not only the coverage litigation, but advice to the client on numerous other insurance issues raised by the claims. 

Firm Highlights

News

Profile in Women Leadership - Mary McCutcheon

Mary McCutcheon Headshot
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Publication

I Always Feel Like AI Is Watching Me: Artificial Intelligence and Privacy

ChatGPT got the early press, and every day we learn of new generative artificial intelligence products that can create new and creative visual and text responses to human input. Following on ChatGPT’s fame, Google’s...

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Publication

State Minimum Fire Safe Regulations Go Into Effect April 1, 2023

The State Board of Forestry and Fire Protection has been actively pursuing comprehensive new wildfire protection standards for development in Very High Fire Hazard Severity Zones and State Responsibility Areas where the State of...

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News

WhatsApp and Facebook Take the NSO Group to Court

Kyle McLorg was interviewed for the  Shoot The Messenger: Espionage, Murder, & Pegasus Spyware  investigative podcast episode “WhatsApp and Facebook Take the NSO Group to Court” produced by Exile Media in collaboration with The...

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Event

The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions

Join Carly Alameda and Amy Briggs in the discussion on "The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions" to the ACC Bay Area Chapter. Corporate counsel are often tasked with negotiating...

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News

Farella Advises TILT Holdings Inc. on $86.7 Million Debt Refinancing

Northern California legal powerhouse Farella Braun + Martel advised TILT Holdings Inc. , a global provider of cannabis business solutions that include inhalation technologies, cultivation, manufacturing, processing, brand development, and retail, on a series of...

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Event

Insurance 101 for Non-Insurance Attorneys

Jennifer Bentley and Patrick Loi are speakers at the Bar Association of San Francisco's MCLE program "Insurance 101 for Non-Insurance Attorneys." Session Overview: A primer for non-insurance lawyers on common insurance terminology, insurance products, exclusions, and pitfalls. Topics...

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Publication

Nonprofit Basics: Best Practices for Approving Insider Compensation Decisions

Welcome to  EO Radio Show – Your Nonprofit Legal Resource . This episode is the third in a series discussing insider transactions by exempt organizations. In this episode, I'll look closely at best practices...

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Event

The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions

Join Carly Alameda and Amy Briggs in the discussion on "The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions" to the ACC Bay Area Chapter. Corporate counsel are often tasked with negotiating...

Read More
Publication

Nonprofit Basics: Conflict of Interest Policies and Best Practices for Approving Insider Compensation

Welcome to  EO Radio Show – Your Nonprofit Legal Resource . This episode is the second in a series discussing insider transactions. In episode 32, I gave a general overview of the federal laws...

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