Mary E. McCutcheon,

Of Counsel

Directors and Officers and Management Liability

• Represented dozens of public companies and their directors/officers in obtaining coverage for defense and indemnity costs in securities, derivative, and merger and acquisition actions. These matters have included “Side A” claims where the company recovered losses through coverage available to its directors and officers.
• Advise an international shipping company on coverage issues arising out of securities and preference claims asserted in multiple jurisdictions and involving foreign policy forms.
• Represented a number of private companies in coverage disputes involving management liability policies, including obtaining coverage for the defense of a private medical testing device company facing investor fraud and product failure claims.
• Advise public and private companies on directors and officers and management liability policy wording and placement.

Venture Capital and Private Equity

• Represent venture capital and private equity firms in disputes with liability insurers over coverage for securities claims and investigations, shareholder representative liability, commercial disputes, and employment claims.

Architects and Engineers Professional Liability

• Represent international architect and engineering firms in coverage disputes over damages and delay claims involving complex issues of multi-party insurance and indemnity.
• Represent the owner of a multi-use sports facility in coverage matters involving property damage, personal injury, and securities actions.

Technology Claims

• Represent an artificial intelligence company in insurance claims arising out of a data breach affecting customers and their consumers; involves coverage issues relating to the company’s direct losses as well as liability claims.
• Represent 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.
• Provide strategic coverage advice to a ride-sharing company in connection with significant automobile accident claims involving its drivers.
• Assist 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.
• Advise media companies on coverage issues relating to VPPA claims.

Nonprofit & Private Clients

• Provide coverage advice to foundations and other nonprofit organizations regarding the placement of insurance and protection of high-net-worth individuals involved in the organizations.

Public Entities

• Represent 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 and Tort Claims

• Represented an international transportation company in the settlement of personal injury claims arising out of a tragic commuter rail accident involving domestic and international insurance policies.
• Represented a cosmetics company in obtaining coverage under products liability policies for consumer class action claims.
• Advise a crane company in a coverage issue arising out of catastrophic damages arising out of crane collapses.