Experience

Employment Counseling

Reviewed insurance policies of family business and helped with redesign of coverage to eliminate gaps and better capture all insurance needs.

Medical Center EPLI Coverage

Advising California hospital regarding employment practices liability insurance coverage for wrongful termination/retaliation claim.

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.

Intuitive Surgical Insurance Representations

Represented Intuitive Surgical in two separate claims, one for coverage of a derivative action under a management liability policy, the other for coverage for a products claim

Theranos Litigation

Advised Theranos regarding coverage under private liability management and products liability policies in connection with investor and consumer claims of fraud and personal injury. The confidential settlement provided significant recovery for the client.

Firm Highlights

News

51 Farella Lawyers Listed in The Best Lawyers in America© 2022 and Best Lawyers: Ones to Watch

Forty-six Farella Braun + Martel lawyers were selected by their peers for inclusion in the 2022 edition of The Best Lawyers in America © .  Five Farella lawyers were named to Best Lawyers: Ones to...

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Publication

“Unfair Trade Practices” Exclusion Does Not Extend to Consumer Protection Claims

Two phrases combined in a single exclusion—“alleging, arising out of, based upon or attributable to any violation of any law…” and “as respects… unfair trade practices” could inspire carriers to make trouble for policyholders...

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Publication

Insurance for Nonprofits: Managing Risk in Risky Times

Mary McCutcheon, Cynthia Rowland and guest speaker, Joan Dove from Gallagher, discuss "Insurance for Nonprofits: Managing Risk in Risky Times" at the April Nonprofit Education Series. Nonprofit organizations—and their directors and staff—are not immune to...

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News

Farella Braun + Martel Attorneys Named to 2021 Northern California Super Lawyers and Rising Stars

Thirty-seven Farella Braun + Martel lawyers were named to the Super Lawyers and Rising Stars lists of top attorneys in Northern California for 2021. 2021 Farella Northern California Super Lawyers: George Argyris – Estate...

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Publication

In Verizon Decision Careful Review of Insurance Policies Expands Coverage

In Verizon Communications Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa ., the Delaware Superior Court ruled that Verizon was entitled to a defense under its D&O policy for fraudulent transfer claims. Although...

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