Intellectual Property and Technology
Alternative Dispute Resolution
Antitrust and Unfair Competition
Bankruptcy, Creditor’s Rights and Insolvency-Related Litigation
Business Disputes / Commercial
E-Discovery and Records Compliance
Federal Regulatory and Administrative
Fraud, False Claims and Qui Tam
Government and Public Policy Litigation
Insurance & Financial Institutions
Intellectual Property Litigation
Product Liability and Toxic Torts
Securities / Shareholder Disputes
INSURANCE & FINANCIAL INSTITUTIONS: DESCRIPTION
McKenna Long & Aldridge’s Insurance & Financial Institutions Group consists of over twenty attorneys who handle complex matters involving insurance companies and other financial institutions. The Group represents a wide variety of domestic and international clients, including those writing D&O, professional liability, property and casualty, life, health insurance and reinsurance. In all matters, the Group’s focus is to assist our clients in developing unique and effective strategic solutions to the many issues and challenges facing financial institutions in today’s legal and regulatory environment.
Group attorneys have published a variety of books and articles involving these issues, including The Practical Guide to Legal Malpractice Prevention and The Guidebook to Purchasing Legal Malpractice Insurance. Upcoming books include The Law of Insurance Bad Faith.
Group attorneys have chaired a variety of committees and sections of various bar associations. The Group includes two former Chairs of the Torts and Insurance Practice Section of the State Bar of Georgia.
The Group has also conducted hundreds of seminars to tens of thousands of professionals throughout the United States and abroad on various topics of interest. Seminars have included directors and officers liability insurance for PLUS and the ABA, and attorney ethics and liability for the ABA and various state bar associations.
Approach
The Group’s approach is to assist clients in developing strategies to minimize risks and, in litigation matters, to maximize chances of a positive outcome. In all matters, the Group attempts to avoid simply going through the motions. We strive to be proactive and to achieve prompt resolutions whenever possible.
The Group is often asked to provide an independent analysis or to take a second look at matters that are pending. Group attorneys attempt to explore approaches and avenues that might have been missed by others. For example, Group attorneys have developed an approach for dealing with bad faith claims that brings an initial focus on damages issues as well as coverage. This approach facilitates early case evaluation and has achieved positive results.
Group attorneys provide candid and detailed assessments. In short, Group attorneys make every effort to help clients avoid last minute surprises.
Litigation
The Group handles complex coverage and bad faith litigation across the country. Group attorneys are familiar with the unique challenges faced by insurers and other financial institutions in today’s litigation environment. Group attorneys proactively work with their clients to develop strategies to minimize risk and to achieve rational resolutions to difficult legal issues. The Group has handled coverage litigation and issues in numerous substantive areas, including D&O claims, professional malpractice claims (accountants, attorneys, financial planners, insurance brokers, real estate professionals and others), employment practices claims, environmental claims, and construction defect claims, among others. The Group also monitors and reports on insurance bordereaux and large liability claims that may involve excess liability policies.
The Group also has extensive experience in handling the many varieties of bad faith claims that may be asserted against insurance companies. The Group also defends “set up” claims arising from settlements made by a claimant and the insured. Although the Group recognizes the potential risks posed by such claims, it also understands the ways in which they can be successfully resolved.
Many matters affecting financial institutions involve class action litigation. The Group is experienced in handling and monitoring class action litigation, and MLA has recently been successful in defeating class certification in a number of class actions. In addition, members of the Group are experienced in the use of the class action as a method of settling claims against financial institutions.
Alternative dispute resolution has become increasingly important in the prompt and efficient resolution of claims against financial institutions. Group members have extensive experience in mediating the successful resolution of complex claims before nationally known mediators. Group members also have extensive experience in arbitration.
In addition to the Group’s own considerable professional resources, the Group utilizes when necessary the extensive nationwide resources of the entire Litigation Department. The Litigation Department has over 160 attorneys who have collectively handled virtually all types of civil and white collar criminal claims.
Regulatory Matters
The Group also represents clients before state insurance commissioners in matters relating to rate and form filings, licensing, examinations, enforcement and disciplinary actions. Group members attend and monitor meetings of the National Association of Insurance Commissioners (“NAIC”). The Group also has an Investigation Response Team that represents clients before a variety of agencies, including State Attorney Generals and the Securities and Exchange Commission, regarding insurance related investigations, such as those involving contingent commissions and finite reinsurance. Additionally, members of the Group recently submitted comments to the NAIC in regard to the contingent commission issue.
The Group also assists clients in dealing with federal and state legislatures, and has assisted clients regarding the adoption of legislation to reduce potential liability, such as the federal SAFETY Act.
Other Services
For corporate clients, the Group provides assistance with corporate compliance and in the evaluation and selection of directors and officers liability insurance. For professional firms, such as lawyers, accountants, architects and financial planners, the Group provides auditing and consulting services to assist in reducing the risks of ethics problems and malpractice claims.
The Group also works on matters with MLA’s Corporate Department. The firm has handled substantial corporate matters for financial institutions, including acquisitions of insurance companies, the demutualization of a large heath insurer, and in such matters has worked with the Insurance Commissioners of various states in order to obtain necessary regulatory approvals.