Experience

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.

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.

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.

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.

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.

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.

Firm Highlights

Publication

Cyber Insurance for the Cannabis Industry

Farella's Shanti Eagle (moderator), Nate Garhart and Tyler Gerking, along with guest speakers Javier Gonzalez and Michael Peters from PL Risk Advisors, discuss "Cyber Insurance for the Cannabis Industry." Cannabis businesses have cyber security...

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News

Lawyers Advising California’s Wineries Navigate a Pandemic and Wildfires

Partners Tyler Gerking and Matt Lewis were interviewed in the Daily Journal article "Lawyers advising California’s wineries navigate a pandemic and wildfires."

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Publication

D&O Professionals Series: Tyler Gerking Discusses D&O Coverage and Litigation

Insurance Recovery partner Tyler Gerking explores current trends and observations on D&O coverage and litigation on Willis Towers Watson's "D&O Professionals Series." Read the full article,  here .

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Publication

Maximizing Business Insurance Coverage Benefits After a Fire

Unfortunately, we again write while wildfire is devouring homes and businesses in Napa and Sonoma, and threatening many more. We’ve previously posted tips about first steps that you should take in the event your...

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News

Chambers USA 2021 Recognizes Farella Braun + Martel Attorneys, Practices

Farella Braun + Martel announces that Chambers USA has recognized 13 lawyers and 6 practice areas in the legal directory’s 2021 edition. Individual Rankings: Tyler Gerking – Insurance: Policyholders Jeffrey Hamilton – Cannabis Law...

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News

Key Cyber Insurance Issues Hitting the Cannabis Industry

Tyler Gerking was quoted in the article "Key Cyber Insurance Issues Hitting the Cannabis Industry." Read the full article here . View full webinar below.

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