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

Publication

Turmoil in the SPAC Market: What Private Tech Companies Should Consider Before Going Public Via a SPAC

In the spring of 2021, one of the hottest markets—the market for special purpose acquisition companies, or SPACs—has “screeched to a halt,” according to CNN . As the SPAC market grew red hot in...

Read More
Publication

Employment Law Issues to Consider Before Including Work Made for Hire Clauses in Contractor Agreements

For most employers, it is important to own the intellectual property rights in written and/or graphic work commissioned from independent contractors.  But including a Work Made for Hire Clause (“WMFH Clause”) in an independent...

Read More
Publication

Complying With the TCPA After the Facebook Supreme Court Decision

Many cannabis dispensaries rely heavily on text messaging marketing programs to reach their customers and to create loyalty in an increasingly competitive market. While text messaging programs may be an effective marketing tool, they...

Read More
Event

Returning to the Office: Legal and Practical Considerations for Keeping Your Team Safe

Join Ashley Breakfield (moderator) with panelists Holly Sutton and Tom Cashin from Shorenstein, in the discussion on “Returning to the Office: Legal and Practical Considerations for Keeping Your Team Safe.”  COVID-19 shelter-in-place mandates caused employers to...

Read More
Event

Management Anti-Harassment Training for Exempt Organization Professionals

California employment law requires employers in every industry, including  exempt organizations to create a workplace safe from harassment, discrimination, bullying, and sexual predation. The responsibility for this mandatory training falls on employers, and when...

Read More
Event

New Statewide Winery Order: What Wineries Need to Know

Join Buzz Hines and John Ugai, along with guest speakers, Timothy Simpson and Mehran Ebrahimi from GSI Environment Inc, in the discussion on "New Statewide Winery Order: What Wineries Need to Know." The new...

Read More
News

California Cannabis Businesses Face Costly Peril With Marketing Robocalls, Attorney Says

Cynthia Castillo spoke at the 2021 North Coast Cannabis Conference underwritten by Farella Braun + Martel and presented by the North Bay Business Journal. Cynthia spoke on trends in Telephone Consumer Protection Act (TCPA...

Read More
News

Farella Braun + Martel Named Among 2021 Best Places to Work: #1 Among Large Companies

Read More
News

Farella Represents Catalyze in Its Acquisition of PermaCity

Northern California legal powerhouse Farella Braun + Martel represented leading national independent power producer Catalyze  as due diligence counsel in its acquisition of solar developer and installer  PermaCity . Based in Boulder, Colorado, Catalyze...

Read More
Publication

California Cannabis Appellation Program

The specific location of a product’s origin is more important with some products than others.  Wine is the classic example, as the dirt and surrounding climate in which grapes are grown can have a...

Read More