Brian D.McDonald

Partner

(T) 1.415.875.5762

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.

Experience

Kaiser Cement and Gypsum seeks coverage for defense of asbestos bodily injury litigation
Jones Day is defending Kaiser Cement & Gypsum Corp. and its subsidiary Kaiser Gypsum Company in multimillion-dollar coverage litigation against primary and excess insurers for defense and indemnity of asbestos bodily injury litigation (including reported appeal on issue of first impression in California, 146 Cal. App. 4th 648 (2007)).

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.

Additional Publications

  • January 9, 2017Navigating Disclosure Requirements When Applying for Insurance, Risk & Insurance
  • 2009Ch. 25: Considering Alternative Dispute Resolution, contributing author, New Appleman Insurance Law Practice Guide
  • Spring 2001The Uniform Computer Information Transactions Act, 16 Berkeley Tech. L.J. 461 (2001)

Speaking Engagements

  • January 27, 2017Top 10 Tips to Help In-House Counsel Maximize Their Company's Insurance Assets
  • January 24, 2017Cybersecurity and Data Privacy: 2016 Year-End Review and What Lies Ahead in 2017
  • January 5, 2017Bad Faith Claims When Verdicts Exceed Policy Limits: Navigating Nuances of the Insurer's Duty to Settle
  • January 2016Insurance 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, 2014Insurance and Bankruptcy: Coverage Issues When Insured Files for Bankruptcy, Bar Association of San Francisco
  • April 15, 2010Insurance 101: What Every In-House Lawyer Needs to Know, Bar Association of San Francisco
  • January 13, 2010Insurance Essentials for In-House Lawyers, Jones Day CLE Event, Jones Day San Francisco
  • November 7, 2007Deposition Skills Training Workshop, Bar Association of San Francisco
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