The Legal 500

Within Insurance: advice to insurers: National,

Lovells LLP

PRACTICE: Headquartered in the UK but with a global footprint Lovells LLP fields a team of almost 40 lawyers focusing on insurance matters in the United States. Clients praise the ‘extremely responsive’ service they get from the firm and note that the ‘quality of their written product is always high.’

Lovells LLP is strong in both the commercial and regulatory aspects of insurance work while the firm’s insurance and reinsurance dispute resolution practice ranges across avoidance actions and associated broker claims, disputes over contractual interpretation and contentious regulatory proceedings.

The practice represented AXA Versicherung in a fraudulent inducement law suit against AIG in the US District Court in the Southern District of New York. Following more than two years of litigation and nearly three weeks of trial, a jury awarded AXA nearly $35m in compensation. This compensation included ordering AIG to reimburse AXA for $25m plus interest with another $5.75m in punitive damages. Lovells currently represents AXA in an appeal that AIG filed with the Second Circuit Court of Appeals following the initial verdict.

In the antitrust arena, the practice represents Max Bermuda in litigation filed by various private policy holders that claim to have been damaged by allegedly anti-competitive trading practices, including agreements to pay contingent commissions. Plaintiffs allege violations of federal and state antitrust laws, RICO, state fraud laws and breaches of fiduciary duties. The cases have been consolidated in the District of New Jersey with other cases raising similar claims where it is currently at the dipostive motion stage. Chief Judge Brown dismissed a class action that is part of the consolidated cases.

CLIENTS: Ace, Aioi, AXA, Berkshire Hathaway, Equitas, European Specialty Group, Hannover Re, ING, ManuLife/John Hancock, RGA and SCOR are among the firm’s insurance clients.

INDIVIDUALS: Managing partner of the New York office, David Alberts operates in both the insurance and reinsurance areas and is singled out by clients for his ‘very attentive service’.

Tom Bush works out of Chicago focuses his practice on complex commercial litigation, including insurance and reinsurance issues. Clients view him as being attentive and ‘quick to give you an answer’.

Within Insurance: reinsurance: National,

Lovells LLP

PRACTICE: With nine partners and 31 fee-earners concentrating on insurance matters, Lovells has a strong reinsurance practice which is international in its scope. Sitting within the firm’s dispute resolution group, the practice’s reinsurance capability is largely centered on its New York and Chicago offices. Clients praise the reinsurance team as ‘intelligent lawyers who are active in a range of areas’ while the firm is known for its ‘knowledgeable and respected reinsurance practitioners.’

The firm has a strong track record and client base in both the property-casualty and life, accident and health sectors of the insurance industries and has been involved in advising the American Council of Life Insurers on insurance insolvency matters and reinsurance matters. The ACLI is the leading trade association in the life insurance industry and is highly influential throughout the sector.

Lovells LLP recently represented AXA Versicherung in a fraudulent inducement law suit against AIG in the US District Court in the Southern District of New York. Following more than two years of litigation and nearly three weeks of trial, a jury returned a unanimous verdict, rescinding the reinsurance contracts from inception and awarding AXA nearly $35m in compensation. This compensation included ordering AIG to reimburse AXA for $25m plus interest with another $5.75m in punitive damages, a rare award in a commercial suit between large corporations.

The firm also recently represented Republic Insurance Company in an action in the United States District Court for the Southern District of New York involving Folksamerica Reinsurance Company and Aon Re. Folksamerica alleged that Republic gave late notice under two facultative certificates and therefore was not entitled to reimbursement for the claims it had submitted. Republic defended on the grounds that it complied with the certificate language and Folksamerica did not show prejudice as a result of any late notice. Even before the case went to trial, it established several important principles for notice under New York law and the availability of attorneys’ fees in reinsurance cases. Following a bench trial in May 2008, the case settled.

CLIENTS: The firm’s impressive reinsurance client base includes Ace, Aioi, AXA, Berkshire Hathaway, Equitas, European Specialty Group, Hannover Re, ING, ManuLife/John Hancock, RGA and SCOR

INDIVIDUALS: Chicago-based Neal Moglin is regarded as ‘one of the best litigation lawyers’ in the insurance and reinsurance arena, where clients think he is ‘at the top of the list’. Frequently called in to help resolve contract disputes, Moglin is regarded as a ‘strong advocate’, and someone who ‘will provide good advice and guidance in the management of a matter’.

With a focus on reinsurance litigation and arbitration, New York-based Pieter Van Tol is praised by clients for his ‘depth of knowledge.’ He has notable expertise in the life, property and casualty reinsurance sectors.

Within Trade secrets: National,

Lovells LLP

PRACTICE: Relative to its compact size and youth, the trade secrets practice at Lovells LLP handles a substantial volume of pure trade secrets cases, with six notable cases in 2008. The practice’s capability is largely attributable to its highly competent team, led by Mark Halligan, who is actively involved in reviewing the limitations of the Economic Espionage and Computer Fraud and Abuse Act as the primary safeguards for company trade secrets.

Since its creation in 2008, the trade secrets practice has gained two new associates in the core office in Chicago, Jennifer Travers and Deanna Swits, who mainly tackle thoroughbred trade secrets cases. Halligan has a strong reputation as an ‘effective’ litigator, praised for his database of case law.

Due to the absence of non-compete law in the West and Midwest, Lovells primarily market for industry and corporate patent and pure trade secret theft cases, in addition to its work assisting companies in revision of trade secrets matters. The practice includes lawyers with a background in science, and a scientific advisor, so is well-situated to handle trade secrets cases in a variety of industries. The group’s scientific skills are particularly useful for cases that involve multiple technologies, and its integration into the worldwide IP team provides access to a pool of resources. The practice recently represented Spanish engineering company Tecnicas Reunidas in a case against Big River Zinc and ZincOx Resources in which understanding the unusual zinc solvent extraction technologies was key to the practice’s success in the recent settlement.

The practice was also recently involved in the representation of Motorola in a suit against Lemko and five former employees, which hooked on the Computer Fraud and Abuse Act in the process of trade secret misappropriation.

CLIENTS: Recent representations include Tecnicas Reunidas, Motorola, 24 Hour Fitness USA, Harman Music Group, Tactical Lighting Systems, Baxter Healthcare and Universal Instrument Company.

INDIVIDUALS: Clients describe head of the trade secrets practice, Mark Halligan, as an ‘excellent’ and ‘terrific’ patent and trade secret lawyer. Halligan is a professor at the John Marshall Law School and chair of the Trade Secrets Committee of the American Intellectual Property Law Association (AIPLA). New York based commercial litigator, MaryBeth Wilkinson, is praised by clients for being ‘hard working and always give us original advice and insights’. Clients also comment that ‘her support and confidence... was a very important asset’.