Jennifer has litigated cases in state and federal courts at both the trial and appellate level, with subject matters ranging from First Amendment to bad faith insurance litigation and from civil rights to employment defense. Her practice focuses on litigating insurance coverage disputes in the context of professional liability policies issued to publicly-traded and private corporations and their directors and officers, not-for-profit organizations, law firms, and other professionals. She has litigated numerous bad faith and insurance coverage declaratory relief cases and also advises insurance clients on a wide range of topics in connection with professional liability insurance policies. In addition to her insurance coverage practice, Jennifer maintains a general civil and commercial litigation practice in a wide range of disputes involving First Amendment and media matters, employment claims, intellectual property, and contractual disputes. Her clients have included large corporations, not-for-profit entities, small business owners, and individuals.

Jennifer also has collaborated on pro bono matters with the Orange County Public Law Center, the American Civil Liberties Union of Southern California and the Washington, DC-based Bazelon Center for Mental Health Law in cases involving free speech and free exercise of religion issues as well as preparing attorneys’ fee petitions for prevailing parties in civil rights litigation. She also has represented clients in step-parent adoption cases in California.

Representative Experience
In WFS Financial, Inc. v. Progressive Cas. Ins. Co., Inc., 232 Fed.Appx. 624 (9th Cir. 2007), successfully represented client in securing dismissal (affirmed by the Ninth Circuit) of a case brought by an insured who attempted to seek coverage under two separate policy periods for virtually identical lawsuits alleging discriminatory lending practices.

In Medill v. Westport Ins. Corp., 143 Cal. App. 4th 819 (2006), successfully defended through appeal a bad faith, breach of contract and declaratory relief case brought against client in connection with several insureds’ attempts to seek coverage for an alleged “ponzi” scheme that resulted in the collapse of more than $130 million in bond issuances. The reported California Court of Appeal opinion is oft-cited in connection with numerous insurance coverage issues.

In University of Utah Hospital v. American Casualty Co., 90 P.3d 654 (Utah Ct. App. 2004), successfully defended through appeal client’s position that a professional liability insurance policy issued to a hospital nurse did not obligate insurer to contribute on the nurse’s behalf toward the hospital’s settlement of a malpractice claim against the hospital, where no claim was made against the nurse.

Successfully secured dismissal of fraud, bad faith and breach of contract lawsuit seeking $15 million from client (an excess insurer) in connection with insured corporation’s attempt to seek coverage for securities fraud lawsuit, where the insured had not exhausted all of the primary insurance available to it.

Successfully prosecuted through appeal (affirmed by the Ninth Circuit) a declaratory relief case brought by client in connection with whether client was required to indemnify lawyers for sanctions awarded against them in connection with a claim that was not made and reported during the policy period.

Represented inventor of the accordion-folded car shade against Lanham Act/trademark infringement/patent lawsuit; counterclaim brought by client resulted in favorable settlement.

Drafted successful motion for attorneys fees in connection with civil rights litigation pending for years in federal district court challenging deficiencies in Alabama’s mental health care system.

Prevailed on summary judgment on breach of contract claim against client regarding insurance coverage for underlying securities fraud judgment; had earlier secured dismissal of bad faith and fraud causes of action in same case.

Prevailed on summary judgment in bad faith and breach of contract case brought against client regarding dispute over whether malpractice policy provided coverage for lawsuit arising out of dispute over amount of fees charged by insured.

Obtained a significant victory for a pro bono client and a published opinion in the California Court of Appeal on California’s Anti-SLAPP statute, where client had reported on alleged questionable fund raising activities of large televangelical ministry, who later sued client for defamation.

Advised clients on copyright infringement issues.

Represented reporters and media entities on shield law claims as well as cases involving access to courts.

Advised media clients on vetting articles for publication.

Successfully negotiated numerous settlements on behalf of insurance clients and defendants in employment cases.

Presentations and Speaking Engagements
Jennifer has given presentations to insurance clients’ claim departments and at conferences in connection with various claims handling issues and current topics in insurance law.

Publications
“Professional Liability Update 2007: A Year in Review,” (February 29, 2008).

Defending Professionals in California? (October 1, 2003).