Gaby has represented corporate and association clients in many areas of the firm’s practice. She has litigated a variety of insurance and non-insurance matters in state and federal court, including insurance coverage and bad faith lawsuits in the professional liability, directors and officers liability and general liability areas, antitrust and business tort litigation, and professional liability defense actions. Her insurance counseling practice focuses on professional liability, D&O liability, and errors and omissions coverage.
Representative Experience
On behalf of excess insurer, successfully argued in Washington state court that underlying policies were not exhausted by policyholder’s below-limits settlement.
Negotiated highly favorable settlement for insurer for claim under technology errors and omissions policy.
Negotiated nominal settlement on behalf of insurer accused of spoliation of evidence in West Virginia.
On behalf of insurer, obtained summary judgment dismissing bad faith claims asserted in Seattle federal court.
Represented an insurer client in a lead contamination case alleging hundreds of millions of dollars in damages in duty to defend and consent to settle issues, winning on motion before the trial court and on appeal.
On behalf of an insurer, successfully tried a rescission action involving an employee fidelity policy in Alexandria federal court.
On behalf of an insurer, argued questions regarding late notice under a claims-made insurance policy before the Texas Supreme Court and Maryland Court of Appeals.
On behalf of an insurer, successfully argued in Illinois federal court the application of the “Insured v. Insured” exclusion.
On behalf of an insurer, prevailed on summary judgment in New Hampshire district court on a novel question of interpretation of the term “Loss” and whether it includes common stock issued as part of a securities action settlement.
Successfully represented the USA Track & Field Association in an antitrust challenge to its standards for competition.
Successfully opposed preliminary injunction in appellate court in a case involving the resale of a telecommunications company's DSL service.
Represented a DSL service provider in an antitrust action against a competing incumbent local exchange carrier for unlawfully maintaining monopoly power in various telecommunications markets.
Represented a DSL service provider in a service disruption case both before and on remand in the district court and in the Ninth Circuit.
Presentations and Speaking Engagements
“February In-House Counsel Antitrust Update,” ABA Section of Antitrust.
Multiple presentations on e-discovery for clients and attorneys.