shutterstock_226730068_Insurance ChecklistErica Villanueva and Tyler Gerking will be presenting to the Association of Corporate Counsel (ACC) on September 14 (in San Francisco) and 15 (in Palo Alto) about private company D&O liability insurance, also known as management liability insurance. Below is a description of the program, which will touch on hot issues that many companies are dealing with right now. Use the links to view the event details and register online.

Private D&O Insurance:  Things You Should Know

September 14 – San Francisco

September 15 – Palo Alto

Companies are staying private longer and purchasing private company directors’ and officers’ liability (D&O) insurance, sometimes known as “Management Liability” insurance. When it comes to D&O coverage, most private companies focus on two things: obtaining it, and keeping the premium low. When a company faces a claim, however, it discovers there is much more complexity to private D&O insurance, and often broader coverage than a public company D&O policy. Accessing and maximizing the available coverage may require a concerted, strategic effort on the part of  the company,  its insurance broker, and  insurance coverage counsel. This program will cover:

  • Key features of management liability policies
  • Common exclusions and limitations
  • The practical impact of certain clauses – and widely-available coverage enhancements that can mitigate these impacts
  • Implications of common pitfalls and mistakes in reporting and managing claims’”

On Wednesday, September 30, from 12:00 to 1:30 pm I will be co-moderating a panel discussion on insurance issues that arise in the context of mediating complex civil cases. Panelists will include Hon. William Bettinelli (Ret.), mediator at JAMS, and Daniel Purcell, Partner at Keker & Van Nest. The panel will be held at the Bar Association of San Francisco (301 Battery Street, Third Floor, San Francisco, CA). Click here for more information and to register.

On Wednesday June 3, from 12:00 to 1:15 p.m., I’ll be co-presenting "Lawyers in the Cross-Hairs:  Recent Trends in Claims Against Attorneys, Related Ethical and Insurance Issues, and Defense Strategies" at the Bar Association of San Francisco (301 Battery Street, Third Floor, San Francisco, CA). 

Presenting with me will be John B. Sullivan of Long & Levit, LLP and Matthew S. Kahn of Gibson, Dunn & Crutcher LLP.  We will focus on recent trends in claims against lawyers arising out of business transactions, and related defense strategies and insurance coverage issues. 

Please see the event flyer for more details:  
Lawyers in the Cross-Hairs  

We hope you will join us.

I will be speaking tomorrow at BASF (301 Battery Street, 3rd Floor, San Francisco) about insurance coverage issues arising out of legal malpractice claims. The presentation is “Don’t Be the Scapegoat for a Failed Investment or Business Strategy.”  I will be co-presenting with John B. Sullivan of Long & Levit, LLP and Matthew S. Kahn of Gibson, Dunn & Crutcher LLP.  A link to the flyer for the presentation is here. Please join us tomorrow for an engaging discussion about legal malpractice and related insurance coverage issues.

On November 12, 2014, I will be participating in a webinar “Data Breach and Liability Insurance: Managing the Potential Risk and Addressing Claims” through the Commercial Law Web Advisor. I’ll be joined by two insurer-side attorneys at Sedgwick LLP, Alex Potente and Eryk Gettell. We’ll be discussing coverage under commercial general liability policies for third-party liability claims arising out of data security breaches and the recent Sony decision in the New York trial court (now on appeal), recent case law addressing the meaning of “publication” in “personal and advertising injury” offense coverage for “oral or written publication of material that violates a person’s right of privacy”, and the insurance industry’s push this year to endorse general liability policies to limit coverage for data security breaches.  

We gave a similar presentation in July and all thought it would be of interest to our clients and contacts. I really enjoyed this format, which allowed us to present the material in a point-counterpoint debate that I thought helped flesh out the interesting coverage and practical issues raised by these claims with a fair amount of depth.  

For more details and to register for the webinar, please go to the Commercial Law Web Advisor website.

Farella Partners Mary McCutcheon and Erica Villanueva will
be joined by Sachin Adarkar, General Counsel Prosper Market Place to discuss,
“General Counsel As Risk Manager:  For
This I Went to Law School?” at the 2nd Annual Institute for Advanced Corporate
Counsel (IACC 2.0). 

Continue Reading IACC 2.0 – “General Counsel As Risk Manager: For This I Went to Law School?”

Farella partner Tyler Gerking will be a panelist on this important program focused at the nexus of intellectual property and insurance coverage law.

Topics to be Covered

  • Coverage for unauthorized disclosure of personally identifiable information, including coverage for notification obligations arising from data security breaches
  • Coverage for hacker, malware and denial of service attacks
  • Coverage for loss or damage to data stored in the cloud
  • Availability of coverage under traditional CGL policies for certain cyber risks

Register here to attend in person or via Webcast.

Tuesday, June 5, 2012
5:00 pm to 6:00 pm
Bar Association of San Fancisco


Presented by the San Francisco Bar Association Insurance Practice Section

This annual program highlights the most significant California insurance issues addressed in the prior year.  The January 20, 2011 program will cover:

  • What constitutes a “suit” for purposes of defense and indemnity coverage after the California Supreme Court decision in the Ameron case.
  • How a “separation of insureds” clause could mean the difference between coverage and no coverage.
  • What is an “accident” or “occurrence” under current law, and from whose perspective is it measured.
  • When does an umbrella insurer owe a duty to defend, and what is the effect of a self-insured retention.
  • Developments in the law of bad faith, including whether the “genuine dispute” doctrine still applies to third party policies, and when the insurer has a duty to settle within policy limits.
  • Allocation and burdens of proof in contribution actions among insurers.
  • First party coverage, including business income and the meaning of “direct physical loss.”


  • Michael Greenberg, Covington & Burling, LLP
  • Michael Topp, Sedgwick Detert Moran & Arnold, LLP
  • Judge Richard Kramer, San Francisco Superior Court
  • John DiMugno, Publisher
  • Kathryn Oliver, Farella Braun + Martel and Chair of the Insurance Practice Section.


BASF Conference Center
301 Battery Street, 3rd floor
San Francisco


  • Registration - 11:30-12:00
  • Lunch and program - 12:00-1:30

One hour of MCLE credit will be given, and written materials will be available. 

The cost is $40 for section members, $50 for BASF members and $65 for non-members.  Telephone: 415-982-1600. Online registration is available at

American Conference Institute's 16th Annual Summit on D&O Liability

Program updated this year to reflect industry fluctuation and financial overhaul. Here’s a sampling of what’s new:

  • The success of shareholder derivative claims and implications on coverage: How D&O defendants and insurers are responding to the increasing challenges posed by such claims
  • Understanding the key issues surrounding the separate representation of individual directors & officers
  • The impact of financial institution litigation on the D&O market Concerns of the insured: What do companies expect from their D&O policy and what are the foremost concerns of directors & officers today?

Plus, up-to-the minute practical information on:

  • The latest trends and developments affecting the D&O marketplace
  • Assessing the current state of securities litigation and how it’s impacting D&O coverage and claims
  • Corporate indemnification rights: Overcoming the increasing challenges facing defendants and insurers
  • The impact of increased regulatory scrutiny, including the latest on where the SEC is setting its focus
  • Managing coverage and costs, including concerns regarding the reasonableness of defense costs
  • Settlement negotiations in the D&O context: Attaining a favorable result for your client
  • Side-A and Excess Coverage: How to ensure your policies work as intended
  • D&O Activity Abroad: Assessing risk and coordinating policies in a time of increased global litigation and enforcement

Speakers include Mary McCutcheon, Farella Braun + Martel.

The conference is scheduled for November 30 and December 1 in New York.

Click here for more information.