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Mitchell Dolin, a highly regarded insurance recovery litigator and advisor, has successfully handled a wide array of matters in trial and appellate courts across the country, domestic and international arbitral proceedings, and high-value mediations and negotiations. He has represented corporate and other policyholders in pursuing insurance coverage for a range of underlying liabilities, including antitrust, employment, environmental, intellectual property, mass tort, media, professional liability, and shareholder claims, as well as first-party property, business interruption, cargo, crime, event cancellation, political risk, product recall, rep-and-warranty, and trade credit losses. Mr. Dolin has been ranked by Chambers USA as one of the nation’s top policyholder lawyers for more than a decade, and Chambers has described him as "universally lauded for his deep policyholder experience and knowledge," “‘off the charts phenomenal,’” and “a first-rate policyholder attorney due to his ‘mix of lawyerly talent and personality.‘” From 2010-2020, he chaired or co-chaired Covington’s global insurance recovery practice; he previously chaired the firm’s arbitration practice and has served as an advocate and arbitrator in domestic and international arbitrations. Mr. Dolin has served as the firm’s press spokesperson for the last fifteen years.
- Representation of the NFL in pending litigation seeking coverage for class action settlement of concussion-related claims by former NFL players, Discover Prop. & Cas. Co. v. NFL, 2019 NY slip op. 32930 (N.Y. Supr. Oct. 4, 2019); lead counsel to the NFL in other coverage matters, including event cancellation insurance for post-9/11 game reschedulings and D&O or media liability insurance for various antitrust and intellectual property class actions.
- Lead counsel to numerous companies, controlling shareholders, and boards of directors in securing coverage under D&O policies for shareholder and other lawsuits, including Sprint in persuading a federal court to reject an insurer’s attempt to recoup its payment towards a substantial insurer-funded shareholder class action settlement and a major university in connection with coverage for antitrust litigation.
- Lead counsel to consulting firms, law firms, and other entities pursuing coverage for claims arising from their provision of professional services, including S&P Global for ratings-related lawsuits arising from the financial crisis.
- Lead or co-lead counsel to numerous policyholders seeking coverage for mass tort claims in domestic and international insurance arbitrations, including Cardinal Health, Dow Corning, and Eli Lilly.
- Lead counsel to AfricInvest, a Tunis-headquartered private equity firm, in a political risk claim against the World Bank’s Multilateral Investment Guarantee Agency.
- Lead counsel to Owens Corning in a series of lawsuits, arbitrations, and mediations that yielded recoveries of approximately $1.5 billion for asbestos tort claims and other losses, including service as special insurance counsel during its successful effort to emerge from Chapter 11 proceedings.
- Lead counsel to UBS Real Estate Investments, the mortgage lender to the retail leaseholder at the World Trade Center, in the landmark 9/11 property insurance litigation.
- Representation of then-President Clinton in connection with coverage for Jones v. Clinton.
- Representation of Exxon in coverage litigation and international arbitration resulting in insurance recoveries of $780 million for Valdez-related losses.
Pro Bono
- Represented organizations advocating as amici curiae in defense of gun control measures, including in U.S. v. Castleman, 572 U.S. 157 (2014) and Woollard v. Gallagher, 712 F.3d 585 (4th Cir. 2013).
- Successfully argued for vacation of client's death sentence before Mississippi Supreme Court in State v. Tokman, 564 So. 2d 1339 (Miss. 1990), and represented client in subsequent trial court proceedings that led to disqualification of the entire Hinds County District Attorney’s office and a negotiated plea shortly before client’s new capital sentencing trial.
- Represented amici curiae in Supreme Court cases involving civil rights issues, including McMillian v. Monroe County, 520 U.S. 781 (1997), Patterson v. McLean Credit Union, 491 U.S. 164 (1989), Shaare Tefila Congregation v. Cobb, 481 U.S. 615 (1987), and St. Francis College v. Al-Khazraji, 481 U.S. 604 (1987).
- Represented organizations challenging federal agency action in City of Alexandria v. Slater, 198 F.3d 862 (D.C. Cir. 1999) and Women Involved in Farm Economics v. USDA, 876 F.2d 994 (D.C. Cir. 1989).
Memberships and Affiliations
- American Bar Association, previously served as co-chair of the Litigation Section's Task Force on the Judiciary and its Federal Legislation Committee and testified on behalf of the ABA on federal jurisdiction and ADR issues at three hearings before House Judiciary Subcommittees.
- American Bar Foundation, Fellow (elected 2013)
- American College of Coverage Counsel, Fellow (elected 2014)
- American Law Institute, Life Member (elected 1992)
- Catalogue for Philanthropy, Board Member (2018-) and Vice Chair (2019-)
- CPR International Institute’s Regional Panel of Neutrals (2003-)
- D.C. Board on Professional Responsibility Hearing Committee No. 3, Chair (1997-1999) and Alternate Hearing Committee Member (currently)
- Human Rights First, Board Member (1994-2004)
- Law360, Insurance Editorial Advisory Board (2011)
- National Eagle Scout Association, Member
February 10, 2020, Covington Alert
The coronavirus has now infected more than 30,000 people. Cases have been reported in every province of China as well as in Thailand, Japan, Hong Kong, South Korea, Vietnam, Australia, Europe, the United Kingdom, and the United States. More than a dozen cities have been quarantined. China, the United States, Europe, Australia, and others have imposed significant ...
NY Ruling Undercuts SEC Disgorgement Coverage
October 26, 2018, Law360
Mitchell Dolin is quoted in Law360 regarding a New York appeals court decision which applied the U.S. Supreme Court's Kokesh decision to rule that part of Bear Stearns' settlement with the SEC is a penalty, and therefore not covered by insurance. Mr. Dolin said the appellate decision contravenes Bear Stearns’ reasonable expectations about what its policies ...
June 5, 2018
WASHINGTON—Covington’s Insurance Recovery practice has received the 2018 Chambers USA "Award for Excellence" in Insurance, marking the seventh time the firm has received this honor in the 12 years it has been awarded. The "Award for Excellence" is given to one U.S. firm representing policyholders in the insurance coverage field. In addition to the award, ...
Insurance
2016, chapter in Business and Commercial Litigation in Federal Courts, 4th ed. (co-author)
Fall 1998, 1 J. Ins. Coverage 68 (co-author)
1998, 12:16 Mealey's Litig. Reports: Insurance 17 (co-author)
1991, 4 Envtl. Claims J. 53
Arbitration, Insurance, and Litigation Topics
1987-present (various presentations)
Over the years, Mr. Dolin has lectured and presented papers on arbitration, insurance, and litigation topics, including at courses or programs under the auspices of ALI-ABA, the American Bar Association, the American College of Coverage Counsel, ARIAS•US, the CPR International Institute, the Professional Liability Underwriting Society, the University of Alabama ...
- The Best Lawyers in America (2020) (Arbitration, Commercial Litigation, Insurance Law, International Arbitration, and Mediation)
- The Best Lawyers in America (2013 and 2019) (Washington Insurance Lawyer of the Year)
- Chambers USA: America’s Leading Lawyers for Business (2020) (ranked in Band 1 for Insurance both nationally and in DC for more than ten years)
- The Legal 500 US (2019) ("Leading Lawyer" for Insurance)
- Benchmark Litigation (2020) (National Practice Area Star and Local Litigation Star)
- Washingtonian (2011) (Best Lawyers)
- Legal Times (Feb. 26, 2007) (profiled as one of ten "leading lawyers" in the insurance field)
- International Commercial Litigation magazine, "Commercial Prosecutors of the Year" (1997)
- Benjamin J. Cardozo Citation of Merit, Anti-Defamation League of B’nai B’rith (1987)
COVID-19: Legal and Business Toolkit
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Education
New York University School of Law, J.D., 1981
- Law Review
Tufts University, B.A., 1978
- summa cum laude
Bar Admissions
- District of Columbia
- U.S. District Court, District of Columbia
- U.S. District Court, Eastern District of Michigan
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Supreme Court