Matthew L.Jacobs (Matt)

Of Counsel

(T) + 1.202.879.3675

Matt Jacobs has successfully litigated complex, multiparty insurance coverage matters in numerous state and federal courts, as well as through arbitrations and mediations. He secured a groundbreaking victory in a significant pollution exclusion ruling relating to Chinese drywall; obtained a ruling of first impression under Virginia law from a federal district court regarding the issue of exhaustion of underlying insurance limits; obtained multiple millions of dollars on behalf of clients who have been sued in large securities class actions; and served as a mediator in complex insurance disputes.

While Matt has advised corporate boards regarding insurance recovery strategies to address company-threatening exposures, he also has worked closely with risk managers in the placement and renewal of various types of insurance coverage, including cyber insurance, directors and officers policies, and property insurance. Most recently, Matt has worked with clients in securing reps and warranty coverage in connection with multiple cross-border M&A transactions. The 2018 edition of Chambers USA noted that he "is knowledgeable, detailed, forthright and well spoken" and someone "[who] takes initiative and gets things done."

Matt is author or coauthor of more than 75 papers and articles on insurance coverage topics. He is a member of the editorial advisory board of the Environmental Claims Journal and was recognized as "Author of the Year — Insurance USA" by the Lexology Legal Writing Awards. He has spoken at more than 100 insurance coverage conferences during his career and has chaired a dozen such conferences. He has been quoted extensively on developments in insurance law in national publications, television, and radio.

Experience

  • Lumber Liquidators wins dismissal of insurer coverage complaint in favor of prior pending lawsuitJones Day won motion to dismiss a complaint filed by St. Paul Fire & Marine Company against Jones Day client Lumber Liquidators, Inc. in The U.S. District Court for the Eastern District of Virginia.
  • Sumitomo Dainippon Pharma to acquire late stage biopharma companies and form alliance with Roivant Sciences Ltd. worth $3 billionJones Day is advising Sumitomo Dainippon Pharma Co., Ltd. ("Sumitomo") in an acquisition of late stage biopharma companies and formation of alliance with Roivant Sciences Ltd.
  • Arsenal Capital Partners acquires Seal for Life Industries from Berry Global Group Inc. for $328 millionJones Day advised Arsenal Capital Partners on the $328 million acquisition of Seal for Life Industries from Berry Global Group Inc.
  • Cimarron Energy acquires Hy-Bon/EDIJones Day advised Cimarron Energy, Inc., a portfolio company of Turnbridge Capital, LLC, in its acquisition of Hy-Bon/EDI, a market leader in vapor recovery and emissions control solutions for the oil and natural gas industries, from Regal Beloit Corporation.
  • UPL acquires Arysta LifeScience from Platform Specialty Products Corporation for $4.2 billionJones Day advised UPL Limited ("UPL"), a leading global generic agrochemical company based in India, in connection with its subsidiary, UPL Corporation Limited’s, US$4.2 billion acquisition and related $3 billion term financing of Arysta Lifescience Inc. (“Arysta”), a global provider of crop protection solutions, including bio-solutions and seed treatment, from NYSE listed Platform Specialty Products Corporation (“Platform”).
  • SAP acquires Qualtrics for $8 billionJones Day advised SAP in its $8 billion acquisition of Qualtrics International Inc., the global pioneer in the experience management software category.
  • Kenall sold to Legrand, North and Central AmericaJones Day advised Kenall Manufacturing, a leading manufacturer of innovative, energy efficient, and sustainable specification grade lighting and control solutions for commercial, industrial, and institutional buildings, in its sale of the Company to Legrand, North and Central America.
  • Additional Publications

    Publications Prior to Jones Day

    November 2019

    Coauthor, 3 Key Insurance Takeaways from Old Republic v. Kenny, Insurance Law Update, November 9, 2017

    July 2017

    NY's Limiting Requirements to Policy Wording Are Unjust, Insurance Law Update, July 6, 2017

    July 2017

    Private vs. Public D&O Coverage in M&A, Willis Towers Watson D&O Observer, July 5, 2017

    May 2017

    The Relevance of Underwriting Files in Insurance Disputes, Insurance Law Update, May 2017

    September 2016

    An "Occurrence" By Any Other Name:  The Ongoing Trend Toward Affording Coverage Under CGL Policies for Consequential Damage Arising from Defective Work, Insurance Law Update, September 8, 2016

    July 2016

    Pitfalls for Data Breach Coverage under Cybersecurity Insurance Policies, Insurance Law Update, July 7, 2016

    March 2016

    The Disconnect between Underwriting and Claims Handling:  A Policyholder Perspective, Carrier Management, March 9, 2016

    January 2016

    New York Federal Case Distinguishes Between Multiple Insureds In Limiting Scope of Employer's Liability Exclusion, Insurance Law Update, January 15, 2016

    November 2015

    Coauthor, Invitation or Ambush:  The Scope of an Insured's Duty to Cooperate and the Slippery Slope of Information Sharing, Environmental Claims Journal, November 10, 2015

    July 2015

    Coauthor, Information Sharing between Insurers and Policyholders, Insurance Coverage Law Bulletin, July 14, 2015

    June 2015

    No Duty to Defend Under Cyber Policy? — Really of No Concern, Insurance Law Update, June 4, 2015

    May 2015

    District Court Rejects Insurers' "Restitution" Defense in Holding that a Final Adjudication Requirement Applies to An Uninsurable Exception to the Definition of "Loss," Insurance Law Update, May 27, 2015

    March 2015

    Coauthor, Policyholders Should Reach For Reinsurance Documents, Law360, March 23, 2015

    March 2015

    3 Questions for Hotel Cos. Buying Data Breach Coverage, Law360, March 2, 2015

    January 2015

    D&O Coverage May Be An Asset During Data Breaches, Law360, January 27, 2015

    October 2014

    Cyber Hacking and Voluntary Remedies:  Bank's Refund to Hacking Victim Held to be Eligible for Coverage, Insurance Law Update, October 2014

    May 2014

    Connecticut Supreme Court Holds That Injuries To Multiple Nursing Home Residents Caused By Fire Are Not "Related Medical Incidents," Insurance Law Update, May 2014

    2011

    The "Same, Related, or Interrelated" Acts or Claims Provision:  Insurers' Efforts to Expand the Reasonable Application of Such Provisions to Deny or Otherwise Limit Coverage under Claims-Made Policies, Environmental Claims Journal, Volume 23, Issue 2, 2011

    September 2008

    Insurance Coverage:  Looking Over the Horizon as Global-Warming Litigation Develops, New York Law Journal, September 15, 2008

    March 2008

    Not Too Hot to Handle:  Global-Warming Claims Deserve Coverage, Despite Those Pollution Exclusions, Legal Times, Vol. XXX, No. 9, March 3, 2008

    Speaking Engagements

    • April 18, 2019
      American Law Institute CLE Webinar, "D&O Coverage in 2019 and Beyond"
    • December 2018
      Food & Drug Law Institute Conference, Presentation, "Recall Insurance"

    Speaking Engagements Prior to Jones Day

    Janury 2018

    Managing D&O Risks:  Shareholder Activists Driving Litigation, Risk & Compliance, January 2018

    July 31, 2017

    Cyber Insurance for Corporations:  Why Your Clients Need It, What to Look For, and How to Evaluate It, Thomson Reuters, July 31, 2017

    March 23, 2017

    Panelist, Policyholder's Duty to Cooperate:  Advocating or Defending Against Loss of Coverage for Breach:  Navigating Scope of the Duty, Privilege Issues, Settlement, and Consequences of Insured's Failure to Cooperate, Strafford, March 23, 2017

    July 27, 2016

    Panelist, Private and Non-Profit D&O:  New Exposures and Concerns, Claims Frequency, Unique Claims that Arise, Comparison with Public Company D&O, and Underwriting Issues, American Conference Institute's 20th National Forum on Directors & Officers and Management Liability, July 27, 2016

    April 19, 2016

    A Policyholder's Guide to Cyber Liability Insurance Coverage, 5th Annual Cyber Liabilities Insurance ExecuSummit, April 19, 2016

    May 21, 2015

    What's on the Horizon for Additional Insureds?, American College of Coverage & Extracontractual Counsel, May 21, 2015

    May 7, 2015

    Dealmakers' Guide To Cybersecurity and Data Breach Prevention, Expert Webcast, May 7, 2015

    March 30, 2015

    Insurance Law and Policy, University of Pennsylvania Law School, March 30, 2015

    March 18, 2015

    Additional Insured Policies:  Offset Risk; Avoid Key Issues, Progressive Business Executive Education, March 18, 2015

    January 16, 2015

    The Fundamentals of Cyber and Data Risk Insurance Coverage, American Conference Institute's 15th Advanced Global Legal & Compliance Forum on Cyber Security & Data Privacy and Protection, January 16, 2015

    December 3, 2014

    Data Breach and Cyber Security — Why Wholesalers Should Care, National Association of Wholesalers-Distributors Billion Dollar Company CIO Roundtable, December 3, 2014

    November 13, 2014

    Can We Get Coverage for That?, Cyber Security Insurance for CLOs, National Association of Wholesalers-Distributors, November 13, 2014

    October 22, 2013

    Bridging the Gap Between Underwriting Claims in the D&O Context, American Conference Institute Forum on D&O Liability, October 22, 2013

    June 7, 2013

    Advanced Cyber Coverage, Cyber Risk & Privacy Liability Forum, June 7, 2013

    March 19, 2013

    Product Liability in a Global Business Environment, Advisen's 3rd Annual Casualty Insights Conference, March 19, 2013

    December 12, 2012

    Insurance Implications of Super Storm Sandy, HB Litigation Conference, New York, New York, December 12, 2012

    November 30, 2009

    A Focus on Settlement Negotiations in the D&O Context:  Attaining a Favorable Settlement Number for Your Client, The American Conference Institute 15th Annual Advanced Forum on D&O Liability, New York, New York, November 30, 2009

    July 9, 2009

    Resolving Complex D&O Insurance Claims with Multiple Layers of Coverage, Practising Law Institute Teleconference, July 9, 2009

    June 1, 2009

    Chinese Drywall-Insurance Coverage Nightmare, HB Litigation Teleconference, June 1, 2009

    March 1, 2008

    Insuring Hollywood:  Coverage Under Entertainment and Media Policies, American Bar Association's 20th Annual Insurance Coverage Litigation Committee CLE Seminar, Tucson, Arizona, February 27 to March 1, 2008

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