Representative Matters

Insurance Recovery

  • Represented project manager and dredging company in federal court litigation seeking coverage under E&O and CGL policies arising from underlying commercial and environmental litigation.
  • Represented automotive dealer in federal court litigation over EPL coverage for underlying EEOC proceeding.
  • Defended landlords in federal court litigation seeking rescission of CGL policies implicated in numerous lead paint lawsuits.
  • Represented automotive dealer in federal court litigation seeking first-party coverage under an Open Lot policy for fraud losses
  • Represented developer in multimillion-dollar property claim arising from substantial fire loss at a historic property.
  • Managed insurance portfolio and claims process for landlord sued in dozens of lead paint lawsuits.

Environmental Litigation

  • Defended an international power tool manufacturer against a CERCLA cost recovery action brought by the United States. Obtained finding that client had sufficient cause to refuse to comply with unilateral administrative order requiring cleanup of a Superfund Site, avoiding tens of millions of dollars of civil penalties.
  • Successfully defended a CERCLA Consent Decree between client and the United States both in district court and on appeal in the First Circuit.
  • Successfully challenged EPA’s selected remedy for a Superfund site, resulting in a finding that key components of the agency’s remedial decision were arbitrary, capricious, and inconsistent with the law.
  • Prosecuted a CERCLA cost recovery action against dozens of potentially responsible parties, resulting in a successful liability verdict and numerous favorable settlements.

Other Matters

  • Defended insurance company in putative class action litigation under the Medicare Secondary Payer Act seeking more than $1 billion in alleged damages.
  • Prosecuted securities claim on behalf of an international power tool manufacturer in federal court.
  • Represented mental health services provider in efforts to recover fraudulent wire loss from insurer and a third party, resulting in recovery in full.
  • Represented marketing company following email compromise and related fraudulent wire loss, representing its interests both in first-party insurance claims and in the defense of third-party claims and related subrogation efforts.