René L. Siemens

Natural Disasters

• Lead counsel in successful prosecution of coverage claims for the 2007 San Diego Wildfires, which allegedly caused over $2 billion of damage (PAR Electrical Contractors, Inc. v. ACE Property & Cas. Co., San Diego Superior Court).
• Lead counsel for policyholder in successful insurance recovery action for eight-figure claims arising out of the 2004 “Power Fire” (VSC Sub, Inc v. Lexington Ins. Co., Amador County Superior Court).
• Represented policyholders in securing insurance recoveries for Northridge Earthquake losses. 

Asbestos   

• Lead counsel for defense contractor in prosecution of coverage claims for asbestos liability (Northrop Grumman Systems Corp. v. Allianz Underwriters Ins. Co., et al., U.S. District Court, Central District of California).
• Lead counsel for national building company in recovering from insurers for legacy personal injury asbestos claims arising out of alleged operations of predecessor companies.
• Lead counsel for two of the world’s largest chemical distribution companies in securing insurance recoveries for thousands of claims for nationwide asbestos liabilities.
• Lead counsel for diversified manufacturing conglomerate in obtaining insurance recoveries for nationwide asbestos claims.

Cyber, Data Breach, Privacy Insurance

• Lead counsel for global professional services company and its captive insurer in recovering nearly $40 million of costs to respond to a foreign government sponsored advanced persistent attack on its network, and in obtaining recoveries from the captive's reinsurers.
• Lead counsel for major research hospital in litigation involving alleged data security breach claim involving 20,000 patients; obtained precedent-setting ruling that statutory damages for privacy breaches are covered under general liability policies (Hartford Cas. Ins. Co. v. Corcino & Assoc., et al., U.S. District Court, Central District of California, Ninth Circuit Court of Appeals).
• Lead counsel for national retailer in successful prosecution of claims against its D&O and CGL insurers for coverage of class action claims alleging illegal recording of customer telephone calls (Bass Pro v. Travelers Cas. & Sur. Co. of Am., et al., San Diego Superior Court).    
• Lead counsel for one of the largest convenience store chains in the United States in recovering under crime policy for losses caused by hacking of customer data.
• Lead counsel for mortgage processing company in recovering from E&O and D&O insurer for class action claims arising out of alleged illegal recording of telephone calls.
• Lead counsel for national managed care organization in successful prosecution of coverage claims under its cyber and professional liability insurance policies for data security breach lawsuits arising out of the alleged loss of server drives containing confidential medical information of over a million patients and potentially seeking billions of dollars in damages.
• Lead counsel for stem cell bank in recovering under cyber insurance for nine-figure privacy breach claim arising out of alleged breach affecting nearly 300,000 clients.   
• Lead counsel for major university research hospital in recovering under cyber and D&O policies for an eight-figure data security breach claim arising out of alleged release of confidential medical information of nearly 20,000 patients.
• Representation of many clients – including one of the world’s leading professional services organizations, two global credit card and payment services companies, an internationally renowned network of hospitals and clinics, a national health plan management company, a biopharmaceutical company, one of the nation's largest convenience store chains, and a leading medical claims processing company, among others – in structuring and negotiating the terms of their cyber insurance programs.
• Advised one of the nation's largest retailers regarding insurance coverage for costs stemming from a cyber-attack launched against it during the holiday shopping season.
• Advised a global professional services company and a national research university in establishing a captive insurer and reinsurance program to cover its privacy and data security risks.
• Lead counsel for a national research institution on claims against its insurance broker for negligent placement of a cyber insurance policy.
• Advised a technology incubator company in connection with negotiation of internet liability coverage program.
• Represented major internet drugstore company in insurance coverage and products liability litigation and counseling.
• Counseled international publisher on coverage for claims arising out of its acquisition of online magazines.

Sports, Media, Entertainment

• Lead counsel for a major band in prosecuting claims against event cancellation insurers and brokers for coverage of losses resulting from cancellation of concerts in the UK and due to terrorist attacks in Paris (Foo Fighters, LLC v. Certain Underwriters at Lloyd’s et al., U.S. District Court, Central District of California).   
• Represented tour producers in prosecuting claims for insurance coverage for death of Michael Jackson. Anschutz Co., et al. v. AXIS Ins. Co, et al., Los Angeles Superior Court).
• Lead counsel for major sports equipment brand in prosecuting claims for insurance coverage of nationwide product liability suits arising out of the use of football helmets by professional, college and high-school athletes (Riddell, Inc. v. ACE American Ins. Co., et al., Los Angeles Superior Court; Riddell, Inc. v. Superior Court, 15 Cal.App.5th 755 (2017)).
• Lead counsel for sports equipment manufacturer in prosecution of “bad faith” claims against product liability insurer for wrongful refusal to pay defense costs (Aspen Specialty Ins. Co. v. Riddell, Inc., et al., U.S. District Court, Central District of California).
• Advise major studio regarding structuring of insurance program for potential intellectual property claims arising out of new programming.
• Advise media streaming service regarding coverage for cyber risks.

Nuclear

• Lead counsel for company in connection with potential nine-figure nuclear property and business interruption insurance claims arising out of alleged defects in design of nuclear power plant.
• Obtained landmark summary judgment ruling invalidating the nuclear insurance industry’s standard “pollution exclusion,” and requiring a nuclear liability insurer to defend its insured under the current nuclear liability insurance form against a government claim for investigation and remediation of radioactive contamination related to the Nuclear Metals Superfund site (Whittaker Corporation v. American Nuclear Insurers, U.S. District Court, District of Massachusetts).
• Represented energy company in successfully prosecuting claims against nuclear insurance pool for defense and settlement of personal injury claims.

Products, Pharmaceutical, Clinical Trials

• Represented pharmaceutical company in successful prosecution of nine-figure coverage claims for mass tort suits arising out of alleged HIV- and HCV-tainted blood clotting medicines (Alpha Therapeutic Corp. v. Home Ins. Co., et al., Los Angeles Superior Court; Alpha Therapeutic Corp. v. Steadfast Ins. Co., et al., Los Angeles Superior Court); obtained landmark appellate ruling affirming California policyholders’ right to “stack” multiple years of insurance policies to cover long-tail liability claims (Alpha Therapeutic Corp. v. Home Ins. Co., et al, 90 Cal.App.4th 1330 (2001)).

• Represented various research institutions, pharma and medical device companies in structuring and negotiating insurance programs to cover pharmaceutical, medical device and clinical trial risks, and in prosecuting claims for coverage.
• Obtained defense and indemnity coverage for product defect claims against leading biopharmaceutical company.
• Represented building material supplier in seeking California Supreme Court review of applicability of absolute pollution exclusion to silica exposure bodily injury cases (Garamendi v. Golden Eagle Ins. Co. (Pauli Systems), Supreme Court of California).
• Represented medical product manufacturer in securing defense and indemnity under product liability policies for worldwide personal injury claims involving intraocular lens product.
• Obtained defense and indemnity from product liability insurer for product defect claims involving reprocessed surgical devices.

Property, Business Interruption

• Lead counsel for major space research and development center prosecuting coverage and bad-faith claims arising out of insurer’s failure to pay for extensive damage to network servers and related computer equipment (Aerospace Corp. v. Factory Mutual Ins. Co., U.S. District Court, Central District of California).
• Represented institutional lender in prosecuting claims for property and business interruption insurance coverage for World Trade Center Buildings 1, 2, 4, and 5 (SR Int’l Bus. Ins. Co. Ltd v. World Trade Center Properties LLC, U.S. District Court, Southern District of New York).
• Lead counsel in successful prosecution of multi-jurisdictional claims against property insurer and mold remediation contractor for catastrophic losses due to water damage, business interruption, and mold in critical patient care areas of a hospital (HealthPlus Corp. v. Travelers Indem. Co. of Illinois & Munters Corp., Los Angeles Superior Court; Travelers Indem. Co. of Illinois v. HealthPlus Corp., U.S. District Court, Southern District of Texas).
• Represented home builder in insurance recovery for “Chinese Drywall” claims.
• Assisted semiconductor company in recovering for flood damage to transceiver manufacturing and testing equipment.

D&O, E&O, Fiduciary Liability, Employment

• Lead counsel in representation of former directors and officers of a failed community bank in securing defense and indemnity coverage from D&O insurer for lawsuit brought by FDIC.
• Lead counsel in representation of former directors and officers of the nation’s largest failed credit union in prosecution of $6.8 billion D&O coverage and indemnity claims (National Credit Union Administration v. Siravo, et al., U.S. District Court, Central District of California).
• Represented numerous institutional insureds or their directors and officers in negotiating and restructuring D&O and E&O insurance placements and renewals, including one of the leading global professional services companies, a global credit card and payment services company, a leading defense contractor, a global social media company, a leading semiconductor manufacturer, a major stem cell bank, directors of the nation’s largest credit union, one of the world’s largest data storage service providers, and a national food services company, among others.
• Represented founding member of renewable energy company in obtaining coverage under D&O policies for costs of responding to Department of Justice investigation of a half billion federal loan default.
• Lead counsel in representation of national research institution in recovery under D&O policies for eight-figure data security breach claims.
• Obtained defense and indemnity coverage for claims against directors and officers or real estate investment company arising out of failed real estate transactions.
• Prosecuted nine-figure errors and omissions coverage claim on behalf of managed care company for costs of defending and settling nationwide ERISA class actions alleging underpayment of medical benefits (Health Net, Inc. v. American International Specialty Lines Ins. Co., et al., Los Angeles Superior Court, California Court of Appeal).
• Advised one of the world’s largest product companies on allocation under D&O policies of nine-figure settlement of securities claims.
• Advised global accounting company on availability of indemnity coverage for nine-figure settlement of professional liability claim.
• Represented medical device manufacturer in connection with directors and officers, errors and omissions, and fiduciary liability insurance claims arising out of worldwide product recall.
• Represented prominent attorney in defense and indemnity from professional liability carrier for malpractice claims.
• Represented major talent agency in securing coverage for defense and settlement of age discrimination class action.

Other

• Cargo/Marine: Lead counsel in successful prosecution of coverage claims for theft of cell phone shipment under marine and inland cargo policies (LG Electronics Mobilecomm U.S.A., Inc v. LIG Ins. Co, et al., U.S. District Court, Southern District of California).
• Mortgage, Bond, Credit: Represented bank in prosecuting claims against its credit and bond insurers for mortgage-backed securities losses (Indymac v. Radian Insurance, Indymac v. Financial Guaranty Insurance Company, Los Angeles Superior Court, U.S. District Court, Central District of California, Southern District of New York).
• Aviation: Obtained full recovery from aviation insurers for destruction of building caused by plane crash near Los Angeles.
• Life Insurance: Represented major financial institution in defense of cases brought around the country by insurers seeking to rescind “stranger-originated” life insurance policies (West Coast Life Insurance Co. v. Life Brokerage Partners LLC, et al., U.S. District Court, Southern District of California).    
• Life Insurance: Represented Holocaust survivors and their heirs in recovery of approximately $500 million in worldwide class actions against European insurance companies alleged to have denied benefits wrongfully under life insurance policies issued from the 1920s to the 1940s (Smetana v. Assicurazioni Generali S.p.A., et al., San Francisco Superior Court; Sladek v. Assicurazioni Generali S.p.A., et al., Los Angeles Superior Court (amicus); In re Holocaust Insurance Litigation, U.S. District Court, Southern District of New York, Second Circuit Court of Appeals, U.S. Supreme Court).
• Life Insurance: Assisted the California Legislature in drafting and testifying in support of the Holocaust Victims Insurance Relief Act.

Captives, Reinsurance, and Alternative Risk Transfer

• Frequently represents clients — including a leading national research institution, one of the world’s largest telecommunications companies, and a global professional services organization — in structuring and negotiating the terms of captive insurance programs and ceding agreements between captives and reinsurers, and the handling of claims under captive programs.
• Advises companies on, and litigates claims under, retrospective premium arrangements, fronting and self-insurance, and other alternative risk transfer mechanisms.
• Successfully defeated insurers’ attempts to seek equitable contribution from policyholder’s captive and fronting insurance program (Pacific Indem. Co. v. Whittaker Corp., Los Angeles Superior Court).

Product Liability and Mass Tort

• Represented defense contractor in toxic tort suits arising out of alleged groundwater contamination or air pollution near ordnance assembly and testing, R&D, and rocketry facilities in Northern and Southern California (Baier, Kerr, Taylor and Yeh v. Aerojet-General Corp., U.S. District Court, Central District of California; Gatter v. Aerojet-General Corp., Los Angeles Superior Court; Haynes v. Aerojet-General Corp., Sacramento Superior Court; Caldwell v. Aerojet-General Corp., Sacramento Superior Court, California Court of Appeal)
• Represented the largest domestic cigarette manufacturer in defense of product liability claims through appeal (e.g., California Court of Appeal and Supreme Court of California).
• Represented reprocessor of surgical devices in connection with defense of personal injury litigation.

Other Complex Litigation

• Environmental: Lead counsel in prosecution of CERCLA “arranger” and “owner” claims against the United States based on government control over use of perchlorate, solvents, and explosive wastes at a munitions manufacturing sites; obtained landmark ruling clarifying a CERCLA defendant’s right of third-party contribution (Whittaker Corporation v. United States, U.S. District Courts, Central and Northern Districts of California; Whittaker Corporation v. United States, 825 F.3d 1002 (2016)).
• Fiduciary Liability: Obtained dismissal with prejudice of claims against directors of largest failed credit union in US history asserted by federal government (National Credit Union Administration v. Siravo, et al., U.S. District Court, Central District of California).
• Franchise: Represented franchisor in high-profile lawsuit alleging breach of franchise agreements (Johnson v. McDonald’s Corp., U.S. District Court, Central District of California).
• Environmental: Represented defense contractor in defense of CERCLA groundwater contamination claims (Castaic Lake Water Agency v. Whittaker Corporation, U.S. District Court, Central District of California).
• Environmental: Represented oil company in defense of NEPA and Magnuson Act injunction claims arising out of permitting of shipping facility (Ocean Advocates v. BP West Coast Products, LLC, U.S. District Court, Western District of Washington).
• IP: Represented national health care company in trademark, trade secret, and contract litigation against breakaway franchisees (Bradley Medical, Inc. v. Home Americair of California, and Parkman-Merritt, Inc. v. Home Americair of California, Orange County Superior Court).
• Professional Liability: Represented industrial hygiene company in defense of professional liability claims by mold remediation contractor (Munters Corp. v. Pacific Health & Safety, Los Angeles Superior Court).
• Professional Liability: Represented prominent attorney in defense of a substantial professional liability suit, obtaining dismissal with prejudice on a motion to dismiss, with substantial sanctions award.
• Professional Liability: Represented attorney in defense and resolution of professional liability suit arising out of claims by former joint clients.