Biography

In over 40 years of practice, Mary McCutcheon has represented corporate and individual policyholders in an extensive range of insurance coverage disputes.

She has guided her clients through complex disputes arising out of a variety of scenarios, including securities actions, venture capital and private equity litigation, intellectual property and technology errors and omissions disputes, highly sensitive employment claims, mass casualty personal injury actions, professional liability, and construction and delay claims.

Mary has special, in-depth expertise advising companies and individual directors on claims under directors’ and officers’ liability, management liability, and other financial services liability insurance products, related indemnification issues, and the placement of those policies.

She utilizes her in-depth legal expertise and strong interpersonal and negotiating skills to achieve creative, cost-effective, and highly satisfactory solutions for her clients, working with her clients, their insurance broker, and their client’s defense counsel, as well as the insurers, to achieve the client’s goals. By emphasizing a collaborative and strategic approach, the dispute can be understood as a problem to be solved rather than an adversarial situation, with correspondingly better results. Although litigation is always a viable option, Mary strives instead to convince her opposing counsel that a practical, agreed-upon solution is a better outcome for everyone concerned.

Mary is a founding member and past president of the American College of Coverage Counsel. She is a past member of the editorial boards of the ABTL Newsletter and the CGL Reporter and former editor of the “Directors & Officers Liability Insurance” chapter in the California Practice Guide Insurance Litigation. She speaks on insurance topics at professional conferences, such as those sponsored by the American Bar Association, the American College of Coverage Counsel, the National Association of Criminal Defense Lawyers, and the Association of Corporation Counsel.

Distinctions

  • Chambers USA: Insurance Policyholder - California (Ranked since 2005, Band 1 2020-2023)
  • Daily Journal “Top Women Lawyers” in California (2019)
  • Legal Momentum’s Women of Achievement Award (2016)
  • Best Lawyers in America, Insurance Law (2013-2024)
  • Northern California Super Lawyers in Insurance Coverage since (2004-2023)
  • Who's Who Legal - Insurance & Reinsurance (2017-2023)

Memberships and Affiliations

  • Past President, Founding Member of the Board of Regents, American College of Coverage Counsel, Chair of Membership Committee and Member of the Executive Committee
  • Board of Directors, past President, chair of the Diversity, Equity and Inclusion Committee, National Center for Youth Law
  • Member, Past Chair, Bar Association of San Francisco's Committee on Attorney Fee Disputes
  • Former Co-chair, Directors and Officers Subcommittee of the American Bar Association's Insurance Coverage Litigation Committee

Firm Highlights

Publication

California Regulation of Charitable Fundraising Platforms: Part I - Definitions

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . In episode 76, I introduce the provisions of California's Charitable Fundraising Platforms law (Gov. Code, § 12599.9). These rules are relevant to all...

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News

Farella Awards 2024 Diversity Scholarships to Bay Area Law Students

Farella Braun + Martel’s Diversity, Equity, Inclusion + Belonging Committee is pleased to announce the recipients of our 2024 Diversity Scholarship grants totaling $45,000 to Bay Area first-year law students Marcus Albino, Saamia Haqiq...

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Publication

Court Reinstates CPPA Enforcement Authority and Confirms No Delay Necessary for Enforcement of Future CCPA Regulations

A recent appellate decision has made clear that the regulations promulgated under California’s groundbreaking consumer privacy law, the California Consumer Privacy Act (CCPA, as amended by the California Privacy Rights Act (CPRA)), are ripe...

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News

JPMorgan Chase Accuses TransUnion of Stealing 'Trade Secrets'

Intellectual property practice chair Eugene Mar provided expert commentary to American Banker for the article "JPMorgan Chase Accuses TransUnion of Stealing 'Trade Secrets'." In the article, he said: "By filing this as a trade...

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News

Burdened by Debt, Savvy SF Office Owners Get Creative

Restructuring, insolvency, and creditors rights partner Gary Kaplan provided expert commentary in The San Francisco Standard article, "Burdened by Debt, Savvy SF Office Owners Get Creative." In the article, Gary explained that in most cases...

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Event

Unplugged: The Renewable Energy Speaker Series - The IRA's Environmental Justice Incentive Programs

Join Farella Braun + Martel and the Environmental Law Institute for the relaunch Unplugged: The Renewable Energy Speaker Series with Farella’s John Ugai and guest speakers Miana Campbell with U.S. Department of Energy, Maria Castillo with...

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News

Farella Braun + Martel Earns San Francisco Green Business Recertification

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Publication

Copyright Law for Influencers and Brands: How Content Creators and Companies Hiring Them Can Navigate Copyright Law for a Successful Partnership

In recent years, the advent of the social media “influencer” has revolutionized advertising. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience. Likewise, influencers create certain content...

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Publication

Ensuring Your Website Complies With the ADA

In today’s digital age, having an online presence is crucial for businesses, including wineries, breweries, and other beverage companies. Accordingly, it’s essential to ensure that your beverage website meets federal standards for accessibility to avoid...

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Publication

Where Are We Now, Following Maui County, Sackett, and the Latest EPA Guidance?

The last few years have seen significant developments in our understanding of the reach of the federal Clean Water Act (CWA). (Indeed, “reach” here can be interpreted literally and figuratively.) The two issues plaguing...

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