For over 20 years, Bob’s practice has focused principally on directors and officers liability insurance and other forms of professional liability coverage. He has represented insurers in hundreds of complex matters arising out of D&O and fiduciary liability exposures including securities actions, shareholder derivative suits, ERISA actions, bankruptcy trustee litigation, merger and acquisition litigation, SEC and other regulatory proceedings, financial institution insolvencies, employment claims, and health care industry business practices litigation. He has litigated coverage issues in trial and appellate courts, and has represented insurers in alternative dispute resolution proceedings, in California and throughout the country.

Representative Experience
Advising insurer in connection with securities class actions, consumer class actions, ERISA class action, bankruptcy proceedings, and SEC and other regulatory investigations and proceedings arising out of collapse of subprime lenders.

Representing D&O insurer in rescission litigation arising out of $500 million restatement of earnings by software provider.

Representing E&O insurer in coverage litigation brought by health care insurer arising out of class actions by providers and subscribers claiming health care insurer systematically underpaid claims.

Representing D&O insurer in coverage litigation brought by telecommunications company arising out of securities class action.

Advising insurers in multiple matters arising from employment practices liability claims.

Obtained $13.8 million judgment for D&O insurer in subrogation action to recover from contractual indemnitor amounts insurer paid to defend and settle securities class action. Envoy Corp. v. Quintiles Transnational Corp., No. 3:03cv0539, 2006 WL 1288590 (M.D. Tenn. May 10, 2006); 2007 WL 2173365 (M.D. Tenn. July 26, 2007).

Obtained summary judgment in favor of D&O insurer based on dishonesty exclusion and related-claims provision in coverage action arising out of underlying securities action.

Prevailed on motion to dismiss in favor of excess insurer in coverage and bad faith litigation brought by insured, based on non-exhaustion of primary policy.

Represented insurer in litigation and resolution of multiple claims arising from bankruptcy of insurance holding company and conservatorships of its operating subsidiaries in multiple jurisdictions.

Advised insurers in connection with ERISA class actions arising from drop in employer's stock price.

Represented fiduciary liability insurer in coverage litigation and resolution of multiple civil, criminal and probate court proceedings arising from alleged mismanagement and self-dealing by trustees of the largest not-for-profit trust in Hawaii.

Prevailed on summary judgment and appeal in coverage litigation arising from FDIC suit against directors and officers of failed savings and loan. FDIC v. American Casualty Co., 995 F.2d 471 (4th Cir. 1993).

Represented the insurer at trial and in the first federal appellate court decision upholding the validity and enforceability of the regulatory exclusion in D&O policy in claims by FDIC arising from collapse of national bank. American Casualty Co. v. FDIC, 944 F.2d 455 (8th Cir. 1991).

Defeated summary judgment in coverage litigation under media special perils policy brought by ratings agency arising from $2.25 billion default on bonds to finance construction of nuclear power plants; negotiated favorable settlement of coverage dispute. Standard & Poor's Corp. v. Continental Casualty Co., 718 F. Supp. 1219 (S.D.N.Y. 1989).

Prevailed at trial and appeal affirming jury's determination that contractual obligations exclusion barred coverage for employees' class action back pay claims under Title VII and Equal Pay Act. Continental Casualty Co. v. Anne Arundel Community College, 867 F.2d 800 (4th Cir. 1989).

Prevailed on motion to dismiss in coverage litigation concerning application of split retention provision.

Negotiated resolution of coverage dispute under media policy arising from promotion of abusive tax shelters.

Presentations and Speaking Engagements
“Bankruptcy and Its Impact on D&O Insurance,” American Bar Association Torts and Insurance Practice Section Midwinter Meeting, San Diego, California (February 2000).

Publications
“Bankruptcy and Its Impact on D&O Insurance,” ABA Torts and Insurance Practice Professionals’, Officers’ and Directors’ Liability Committee News (2000)
“Allocation: Four Recent Cases Restore the Balance Between D&O Insurers and Insureds,” Mealey’s Litigation Reporter (1993)
“Computer Evidence at Trial,” ABA National Institutes (1986)
“Internal Corporate Investigations,” in A.A. Sommer, Jr., Ed., Securities Law Techniques (Ch. 119), Matthew Bender (1985)
“Bankruptcy Trustee and Examiner Investigations,” in A.A. Sommer, Jr., Ed., Securities Law Techniques (Ch. 120), Matthew Bender (1985)
“Corporate Crime: Regulating Corporate Behavior Through Criminal Sanctions,” 92 Harvard Law Review 1227-1375, Note (1979)
“Intracorporate Conspiracies Under 42 U.S.C. Section 1985(c),” 92 Harvard Law Review 470-90, Note (1978)