Brian McDonald represents policyholders in major coverage disputes and has helped clients secure hundreds of millions of dollars in insurance recoveries for extraordinary losses. He also advises clients on the design, negotiation, and purchase of insurance programs.
Brian currently is representing Sony Pictures Entertainment in pursuing insurance coverage for the high-profile cyber attack in November 2014. He has represented policyholders in litigation and negotiations on a broad range of insurance claims, including coverage for cyber liability, securities class actions, derivative actions, complex commercial lawsuits, employee class actions, asbestos bodily injury and other toxic tort claims, product liability claims, environmental hazards, and property damage claims.
Brian counsels policyholders relating to a broad array of insurance lines, including cyber insurance, directors and officers liability, commercial general liability, employment practices liability, property and business interruption, errors and omissions, environmental, and umbrella/excess insurance.
Brian also counsels clients on alternative dispute resolution mechanisms and risk management issues and negotiates the design and purchase of insurance programs for clients.
Brian is a former law clerk to the Honorable Margaret Morrow in the Central District of California. He is a Fellow of the Berkeley Center for Law and Technology and a member of the American Bar Association, the State Bar of California, and the Bar Association of San Francisco.
The following represents experience prior to Jones Day.
Represented large international manufacturer litigating insurance coverage for asbestos bodily injury claims resulting in negotiated settlements with insurers of over $1 billion.
Represented large international mining company on open pit mining first-party property and business interruption loss in Indonesia, resulting in a nine-figure settlement with reinsurers.
Represented real estate development company regarding property damage and business interruption loss arising out of Hurricane Katrina.
Represented Ernst & Young in a federal class action and related state actions brought by large pension funds arising out of allegedly fraudulent accounting by AOL prior to and after its merger with Time Warner.
Represented Seagate Technology in "binary v. decimal" class action lawsuits pending in multiple jurisdictions; also represented Seagate in related insurance negotiations, obtaining defense and indemnification from E&O insurers for underlying class action litigation.
Represented PG&E in federal and state lawsuits seeking to recover hundreds of millions of dollars in wholesale electricity overcharges from numerous governmental entity defendants that sold power into the California markets during the 2000-2001 Energy Crisis.
- January 27, 2017
Top 10 Tips to Help In-House Counsel Maximize Their Company's Insurance Assets
- January 24, 2017
Cybersecurity and Data Privacy: 2016 Year-End Review and What Lies Ahead in 2017
- January 5, 2017
Bad Faith Claims When Verdicts Exceed Policy Limits: Navigating Nuances of the Insurer's Duty to Settle
- January 2016
Insurance Coverage Fundamentals and Best Practices – What In-House Counsel Needs to Know to Manage Risk on the Front End and After A Loss or Claim
- July 16, 2014
Insurance and Bankruptcy: Coverage Issues When Insured Files for Bankruptcy, Bar Association of San Francisco
- April 15, 2010
Insurance 101: What Every In-House Lawyer Needs to Know, Bar Association of San Francisco
- January 13, 2010
Insurance Essentials for In-House Lawyers, Jones Day CLE Event, Jones Day San Francisco
- November 7, 2007
Deposition Skills Training Workshop, Bar Association of San Francisco
- University of California Berkeley, Boalt Hall School of Law (J.D. 2002; Managing Editor, California Law Review; Articles Editor, Berkeley Technology Law Review); Georgetown University (B.S. in Foreign Service, summa cum laude, 1999)
- California; U.S. Court of Appeals for the Ninth Circuit; U.S. District Courts for the Northern, Eastern, Central, and Southern Districts of California; and U.S. Court of Federal Claims
- Law Clerk to the Honorable Margaret Morrow, U.S. District Court, Central District of California (2002-2003)