Marty Myers

Agriculture, Food & Beverage & Natural Resource Industries

• Represented Century Aluminum Company in successful litigation under marine cargo and business income insurance for losses at facilities in Scandinavia arising from damage to transformers during marine transport.
• Represented Chevron in successful insurance recovery action under manuscript program for liability under Alien Tort Statute and Torture Victim Protection Act litigation liabilities arising out of barge occupation in Nigeria and alleged actions of Nigerian Military.
• Represented Wilbur-Ellis Company, a leading international marketer and distributor of agricultural products, animal feed and specialty chemicals and ingredients in successful insurance recovery for pet food contamination-related losses, including product recalls expense, defense costs and supplier indemnification and litigation including MDL proceedings, arising from alleged importation of contaminated matter from China.
• Represented Foster Farms Dairy in successful litigation in the Eastern District of California (Fresno) for recovery of losses under employment practices liability policies.
• Representing Calaveras Asbestos, Ltd., California’s only asbestos mine, in insurance/bad faith litigation in Los Angeles Superior Court against Farmers/Zurich companies over coverage for legacy asbestos liabilities.
• Represented world’s largest glass wine bottle producer in substantial recovery of insured losses from catastrophic glass furnace failure, and in recovery of insurance for legacy asbestos liability litigation expense.
• Representing world’s largest family-owned alcoholic beverage concern in obtaining insurance for Mexico trademark liabilities and U.S. trademark/trade dress litigation involving tequila bottle designs.

Technology, Media and Entertainment/Gaming Industries

• Represented Adobe Systems, Inc. in successful litigation in Northern District of California to obtain defense fees/costs and indemnification under errors and omissions policies for massive exposure in font rights and misappropriation litigation brought by Agfa Monotype (originator of Times New Roman font).
• Represented Sony Computer Entertainment America in obtaining substantial recovery through insurance litigation in Northern District of California and U.S. Court of Appeals for the Ninth Circuit for losses from consumer class actions for alleged damages associated with Sony PlayStation® game consoles.
• Represented Las Vegas Sands Corp. in pursuing insurance recoveries under D&O and employment practices programs for defense costs for subpoenas in Foreign Corrupt Practices Act investigations, Anti-Money Laundering investigation and alleged “whistleblower” litigation by former employees of affiliates.
• Represented IAC/InterActiveCorp in obtaining substantial recoveries under errors & omissions policies for defense and settlement of consumer class actions over TicketMaster “Entertainment Rewards” programs; also advised IAC on errors and omissions and general liability coverage for match.com consumer class actions.
• Represented LeapFrog Enterprises, Inc. in pursuing coverage for patent litigation under patent-specific and general liability policies; also representing LeapFrog in Sweden arbitration seeking defense and indemnification for U.S. patent litigation liabilities.
• Represented Seagate Technology in successful errors and omissions insurance recovery proceedings for defense and settlement costs in consumer class actions over alleged misrepresentations about drive capacity.
• Represented nVidia in successful litigation in San Francisco Superior Court over D&O coverage for claims arising from acquisition of assets in bankruptcy of 3DFX; litigation focused on “prior and pending” litigation exclusions, “relatedness” of claim provisions, and “restitutionary relief” arguments.
• Represented Adobe Systems, Inc. in obtaining substantial recoveries from insurers for the Eolas patent litigation and other patent litigation matters.
• Represented Isilon Systems, Inc. (part of EMC2) in successful litigation in Western District of Washington over D&O coverage for SEC subpoenas and SEC litigation against former CFO.
• Represented Adobe Systems, Inc. in obtaining first party property insurance recovery for losses from data breach.
• Represented Callaway Golf Company in obtaining insurance recovery for trade secret misappropriation litigation and in pursuing insurance recoveries for trademark/slogan infringement litigation.
• Represented major search engine in insurance litigation over recovery of defense and settlement costs for series of “click fraud” class actions and related matters.

Real Estate-Related Industries

• Representing GIC (Government of Singapore sovereign wealth fund) in New York arbitration over coverage for losses from fire at Korea warehouse distribution facility.
• (Pro Bono) Represented the Tenderloin Neighborhood Development Corporation (a leading provider of affordable housing and services for low-income people in the Tenderloin and throughout San Francisco) in obtaining complete recovery from insurer for property damage and non-profit “business income” losses from catastrophic fire at Franciscan Towers complex.
• Represented BlackRock Real Estate in coverage/bad faith litigation for environmental losses and RWQCB proceedings at Port LA Distribution Center, Long Beach.
• Represented KB Home, Grupe Company and Centex in pursuing insurance recoveries for construction defect actions throughout California, and in placing coverage for development projects with complex risk profiles.
• Represented major residential developer in successful litigation for recovery of insurance for repair/replacement of defective ABS pipe in thousands of California homes.

Retail, Financial, Professional Services & Other Industries

• Represented Heidrick & Struggles, a leading worldwide executive search and leadership consulting firm in obtaining full recovery under employment practices liability policy for major employee litigation in France.
• Represented Sephora in obtaining insurance coverage for infringement of likeness and privacy litigation brought by various celebrities, and in recovering defense and settlement costs for EEOC proceedings and employee discrimination claims in New York and California.
• Represented CooperVision in obtaining significant recoveries for property damage and business income losses arising from flooding at UK contact lens plant.
• Representing Mag Instrument, Inc. (maker of the Mag light line of products) in pursuing insurance coverage for California labor/employment class action litigation.
• Represented Securities Broker Pacific West Securities and claimants in ICDR arbitration for recovery from BD E&O insurers of significant FINRA award and insurer claims for rescission of policy.
• Represented Charles Schwab & Co. in recovering insurance proceeds for significant losses under employee dishonesty/crime policies, and under D&O and E&O programs for market timing class actions losses.