Avoid potential legal issues and learn how to create and implement a comprehensive disaster preparedness plan.
The frequency and severity of natural disasters and catastrophic accidents - such as explosions, fires, or chemical releases - have increased over the last decade. While most companies have insurance coverage that can mitigate these exposures, catastrophic incidents can result in regulatory and legal liability exposure on many fronts at the same time. While the company is still dealing with the physical aftermath of an incident, it will be faced with inquiries from several different investigative and enforcement agencies and will receive attention in the press and social media. Advance planning before the incident is critical to ensuring that the company will remain in control and make smart decisions as pressured company officials are faced with responding to competing, round-the-clock demands on their time in the days and months following an incident. Further, structuring an appropriate insurance program in advance of incidents, and then ensuring proper coordination between a Company's disaster recovery team and its insurers when a disaster strikes, can be critical when attempting to avoid catastrophic business interruption losses. In this topic, panelists will discuss their experiences in advance planning for catastrophic incidents, steps which should be taken in the wake of a catastrophic incident to minimize regulatory and legal liability, and strategies for maximizing insurance coverage for natural disasters and other catastrophic incidents.
Shelby S. Guilbert, Jr.
- Partner in McGuireWoods LLP’s Atlanta, GA office
- Represents businesses, financial institutions, energy companies, and health care providers in insurance recovery actions, high-stakes contract disputes and cross-border litigation
- Recovered over a billion dollars from insurance companies in the U.S. and international markets on behalf of his policyholder clients, and has substantial experience assisting businesses in the pursuit of insurance coverage following hurricanes, earthquakes, plant explosions, fires, and other type of natural disasters and catastrophic incidents
- Frequently collaborates with risk managers, brokers, forensic experts, and incident response teams to help businesses maximize their insurance recovery and avoid catastrophic business interruption losses after a disaster strikes, and he has successfully litigated numerous high-profile insurance recovery matters where insurers attempted to avoid or limit their coverage obligations under first- and third-party policies
- Recently appointed by the U.S. District Court for the Northern District of Illinois as plaintiffs’ co-lead counsel in COVID-19 business interruption litigation
- Frequently writes and speaks on topics relating to insurance, finance, ADR, and other business issues, and was recently elected president-elect of the Atlanta International Arbitration Society
J. Brian Jackson
- Partner in McGuireWoods LLP’s Charlottesville, VA office
- Known for his success in trying high-exposure jury cases on behalf of energy, transportation, and manufacturing companies in various jurisdictions throughout the United States
- Over the course of his career, he has managed responses to pipeline ruptures, explosions, and damages cases from Texas to Massachusetts, where he has coordinated onsite crisis management, interfaced with federal and state regulatory agencies, ensured evidence preservation, and managed the coordination of experts
- Well-versed in the complex interplay of regulatory bodies, litigation response and the necessary public relations issues that all arise from catastrophic events
- Committed to legal advocacy education, he has been a faculty member of the National Trial Advocacy Institute since 2007
Andrew F. Gann, Jr.
- Associate in McGuireWoods LLP’s Richmond, VA office
- A litigator, focusing primarily on class actions, mass tort lawsuits, high-stakes products liability litigation, and litigation arising out of catastrophic incidents
- Significant experience with multidistrict litigation (MDL) and advising clients on punitive damages in high-stakes personal injury actions
- Represents clients in a wide array of industries, including energy, transportation, product manufacturing, education, banking, and finance
- Listed in Best Lawyers: Ones to Watch for Mass Tort Litigation/Class Actions – Defendants
Amy E. Dehnel
- Associate in McGuireWoods LLP’s Atlanta, GA office
- Represents a wide variety of prominent public and private companies in connection with insurance coverage and related complex commercial disputes; she has recovered hundreds of millions of dollars in insurance proceeds on behalf of her policyholder clients through both litigation and pre-litigation resolution
- Regularly assists clients in negotiating best-in-class terms and conditions with insurers
- Has advised numerous companies on indemnification and risk management needs arising out of policy renewals and M&A transactions, as well as incident response and crisis management issues
- Frequently writes and speaks on topics relating to insurance, indemnification, cyber risks, crisis management, and other commercial litigation issues
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