We have recovered over $40 billion for our clients.

Read our case studies to learn how.

Case Studies

Creation Of Post-Bankruptcy Trust To Resolve Disputed Dental Malpractice Claims
We developed a post-bankruptcy reorganization trust structure that permitted the confirmation of a plan of reorganization in a mass tort medical malpractice case.  The unusual structure allows medical malpractice claims to be individually...

Risk Management Due Diligence For Private Equity Firm’s Potential Acquisitions
We represented a private equity firm as risk management due diligence counsel to review and report on all aspects of potential exposures and available risk transfer mechanisms for payment of those exposures, including the available insurance...

Major E&O Recovery
We were insurance counsel to a post-bankruptcy trustee and were instrumental in recovering nearly $50 million in E&O (errors and omissions) insurance coverage. When one of our settlements was challenged in court by another insured, we helped resolve...

Additional Coverage Due To Mutual Mistake In Predecessor’s Settlement Agreement
When one of our clients developed increased and significant product-related liabilities, its insurer argued that it had no remaining coverage because of a settlement agreement entered into prior to our involvement that contained a broad release. ...

Risk Management Due Diligence
We represented a Fortune 50 Company in risk management-related due diligence related to a multi-billion-dollar acquisition.  We were responsible for reviewing and reporting on all aspects of product liability and potential directors’ and...

$80 Million Fund To Pay Sexual Abuse Claims Brought Against Catholic Diocese
We were insurance counsel to a class of claimants who brought sexual abuse claims against a Catholic diocese for negligent supervision of its employees.  We worked with representatives of the class and representatives of the Diocese to negotiate a...

Firm’s Key Role In Bankruptcy Reorganization Recognized By Presiding Bankruptcy Judge
We represented a closely-held insulation contracting company as insurance counsel in its successful efforts to reorganize under Chapter 11 of the Bankruptcy Code.  The company faced substantial tort liability for asbestos-related bodily injury...

D&O Coverage For Shareholder Lawsuits Regarding Client’s Merger With A Former Competitor
Our client was facing shareholder class actions based on its merger with a former competitor in the same industry.  The lawsuits alleged a lack of adequate pre-merger disclosures to the client’s shareholders regarding the proposed merger. After...

Asbestos Coverage Litigation For Auto Parts Manufacturer
We are currently representing an automobile parts manufacturer in litigation against its insurers seeking coverage for thousands of tort claims alleging personal injury from exposure to asbestos-containing brakes, clutches, and transmissions. ...

Compliance Program For Housing Industry Corporation
One of our attorneys created compliance plans for numerous business and technology divisions of a major financial institution to manage legal and regulatory risks.  She conducted risk assessments in areas such as securities disclosure obligations,...

Creation Of Special-Purpose Insurance Policy
Our attorneys negotiated and drafted an excess-of-loss insurance policy that covered several hundred million dollars of asbestos liability above a substantial retention, assuring the financial markets that the client's asbestos liability was...

Policy Negotiation And Placement
Our attorneys have provided advice to companies, including one of the leading owners, developers, fund managers, and operators of real estate in the world, in negotiating the terms of errors & omissions (E&O) and directors & officers (D&O) insurance...

Advice And Strategic Counseling Regarding Property Damage, Business Interruption, And Extra Expense Coverage
We have represented numerous entities, including large and small companies, regarding the protection afforded by their insurance policies for property damage, business interruption, and extra expense, among other things.

First Major Asbestos-Related Prepackaged Bankruptcy Case
Our client was a small, closely held insulation contracting company facing tens of thousands of asbestos-related bodily injury claims.  Although it had substantial, potentially unlimited, insurance coverage, its insurers were in breach of their...

No-Aggregate Coverage
Our attorneys were instrumental in bringing the first major no-aggregate-limit “non-products” coverage case in the context of asbestos-related bodily injury claims.  Until that time, most asbestos disputes focused on “products”...

$425 Million In Product Liability Coverage
As insurance counsel to a Fortune 50 company, we negotiated a $425 million insurance settlement with a group of twelve insurers related to multiple streams of product liability claims. This settlement provided a ten-year payment stream to be...

Reversal Of Coverage Denial Without Litigation
Our lawyers represented a utilities cooperative facing a series of qui tam and other actions.  Its insurer had denied coverage on the basis that these actions allegedly arose out of professional services provided by the client.  Without initiating...

Made “Mediation Lemonade” Out Of A “Lemon” Stay
When our client’s coverage action against more than a dozen insurers responsible for over one billion dollars in coverage limits was stayed in favor of a two-insurer action in another state court, we initiated a unilateral mediation program that...

Insurer Obligation To Pay For Bankrupt Entity’s Legal Liabilities Resolved By Debtor’s Plan Of Reorganization
When an insurer denied coverage for an asbestos trust, we filed litigation in federal court and asserted in a summary judgment motion that the insurer's legal obligations were established on the effective date of the asbestos trust's predecessor's...

Multiple Alternative Dispute Resolution Proceedings Regarding Application Of Asbestos-Related Exclusions
We represented an asbestos trust in six alternative dispute resolution proceedings regarding multiple insurers' assertions that exclusions written in terms of the single disease, "asbestosis," applied to exclude coverage for all asbestos-related...

Resolution Of Coverage Disputed To Avoid Bankruptcy
We represented a small closely-held insulation and roofing contracting company that was facing bankruptcy as a result of its asbestos-related liabilities.  In helping to ensure the company's continued survival, we undertook a multi-faceted approach...

$1.35 Billion-Plus Insurance Recovery In Course Of Chapter 11 Proceeding For Client With Multiple Streams Of Liability
We helped a large multi-national corporation secure in excess of $1.35 billion in insurance rights in the course of its Chapter 11 bankruptcy reorganization. The policyholder had six different historical “streams” of liability, each of which...

First-Party Coverage For Major Oil Spills
Our lawyers represented clients on claims arising out of major oil spills, including the Exxon Valdez and Deepwater Horizon matters.

Corporate Restructuring
Our attorneys were insurance and risk management counsel to a public company with significant mass tort liability.  Working with co-counsel, we were instrumental in proposing and implementing a successful corporate restructuring plan that...

Title Insurance Litigation
On behalf of a class of homeowners, we brought cases against title insurance companies that had overcharged homeowners when they refinanced their mortgages.  We developed a methodology for determining which refinancing transactions involved...

Coverage For Mislabeling Claims Against Major Food Manufacturer
When one of our food company clients was sued in a class action alleging that its product failed to produce health benefits that its label and advertising promised, we evaluated whether the company’s general liability policy would cover the...

Groundbreaking “Pass Through” Settlement Agreement
Our lawyers negotiated commitments to pay in excess of one hundred million dollars on behalf of a mass-tort claimants’ committee in bankruptcy.  When faced with a single remaining recalcitrant insurer that threatened to uphold confirmation,...

D&O Coverage For Non-Profit’s Cost Of Successful Defense in IRS Proceeding
We represent a not-for-profit corporation and one of its directors and officers in pursuing coverage for losses incurred in successfully defending an administrative proceeding brought by the IRS.  Although the clients obtained a favorable...

Multi-Party Insurance And Claims-Handling Settlement
One of our attorneys was the chief policyholder negotiator for one of the largest insurance settlements in history, the June 1985 Agreement Concerning Asbestos-Related Claims, commonly known as the Wellington Agreement.  Among other things, the...

Three-Corner Settlements
We developed and implemented an innovative settlement structure under which our clients sold agreed payment streams from their insurers to third-party investors in return for lump-sum payments to the clients which could be used to fund the...

Record-Breaking Settlement With State Insurance Guaranty Fund
We prosecuted and settled a claim against a state insurance guaranty fund for the largest amount ever paid by that guaranty fund on a single policyholder claim.

Sandy-Related Coverage
We have advised a number of insureds regarding coverage issues related to Superstorm Sandy, including the availability of separate coverage limits for property damage and business interruption losses, and coverage resulting from power shut-downs...

Insurance And Risk Management Counsel For Private Equity Acquisition
We were insurance and risk management counsel to a public company with significant mass tort liability.  Working with co-counsel, we were responsible for all aspects of the insurance and risk management aspects of the acquisition of our client by a...

Favorable Ruling In State Supreme Court On Choice Of Law In Insurance Insolvency Proceeding
We represented a group of policyholders in an appeal of an adverse ruling by a state appellate court that applied the liquidating insurer's home state law to all policyholders, without regard to ordinary choice of law principles.  Because the...

Response to Government Investigation Into Accounting Violations
One of our attorneys represented a corporation in a major government investigation into accounting procedures and securities disclosure obligations.  She conducted a significant internal investigation and prepared dozens of employees for government...

Insurance Procurement Requirements In Food Company’s Customer Agreement
We represented a mid-size food importer in negotiating an agreement with one our client's key customers that addressed that customer's demand for broad insurance and insurance procurement requirements.  Based on our advice, the client negotiated...

London Schemes Of Arrangement
Our attorneys represented policyholder interests in negotiating the terms of schemes of arrangement (liquidation plans) for insolvent insurers in the London insurance market in the early 1990s, creating structures to process and pay billions of...

Leading Precedent Limiting Insurer Standing In Asbestos Bankruptcy Cases
A group of insurance companies asserted a series of objections and other motions in an asbestos-related bankruptcy of one of our client's subsidiaries.  Because the plan that the debtor proposed had provisions to protect any insurer rights after...

Favorable Ruling In Sixth Circuit On Multiple Occurrences
We obtained a favorable ruling from the United States Court of Appeals for the Sixth Circuit, in a ruling from the bench directly after oral argument, on behalf of a client in the automotive parts industry whose manufactured products were alleged to...

No-Aggregate Coverage
We represented a contractor with a nationwide business installing asbestos-containing materials at commercial and industrial job sites.  Our study demonstrated that virtually all of this contractor's liability resulted from installation...

Non-Products Coverage Based On Supervision Of Installation Activities
For a future claimants' representative in an asbestos bankruptcy, we established that a company that previously had been considered a product manufacturer also had undertaken supervision of the installation of its asbestos-containing products. ...

Eight-Figure Insurance Recovery In Construction-Defect Dispute
We recovered more than $40 million in insurance on behalf of a private equity firm in full payment of property damage claims due to construction defects related to an upscale hotel renovation. We resolved first-party property damage claims with our...

Post-9/11 Coverage Issues
In the wake of the 9/11 terrorist attacks, we represented a number of hotel, hospitality, and property management companies in sorting through the myriad of issues they encountered in calculating, negotiating, and resolving their property damage and...

$80 Million In Defense And Indemnity Related To Settlement Of Securities Litigation Without Coverage Litigation
As insurance counsel to a Fortune 50 company, we obtained full payment by multiple Directors and Officers (“D&O”) insurers of the defense and liability dollars associated with the settlement of a shareholder derivative action. This settlement...

Insurance, Risk Transfer Mechanisms, And Exposure Audit In Corporate Restructuring
Our attorneys provided advice to a Fortune 500 company related to insurance and risk transfer mechanisms and corporate exposures in connection with the spin-off of a significant percentage of its business.  This advice and subsequent corporate...

Coverage For Chemical Company’s Lead Paint Lawsuits
We successfully pursued insurance coverage on behalf of a chemical company that was incurring enormous litigation costs defending lawsuits around the country related to the historical use of lead pigment and lead-based paint.  The client, whose...

Groundbreaking “Pass-Through” Plan In A Mass-Tort Bankruptcy
In one asbestos bankruptcy, we were able to secure settlements with virtually all of the debtor’s insurers, securing nearly $200 million for a post-bankruptcy trust.  One last insurer, however, refused to settle and, in a bid to increase its...

Insurance Proceeds To Facilitate Settlement Of Claims Against Directors And Officers
We assisted the directors and officers of a telecommunications company in securing payment of insurance proceeds for breach-of-duty and other claims to facilitate an overall settlement of those claims.

Overturned Adverse Arbitration Ruling
We represented a client in a successful effort to overturn an adverse arbitration ruling on the basis that the arbitrators had exceeded their authority and the arbitration decision was not binding.

No-Aggregate Coverage
We represented an asbestos trust that was the successor to one of the largest asbestos defendants in the United States.  Although the company had been primarily a manufacturer and seller of asbestos-containing materials, it also maintained...

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