Novel Claims, Practical Solutions

Clients describe us as "top-notch lawyers who provide great customer service and are practical. They understand our business concerns and can help us balance the pros and cons of various paths," according to Chambers USA.

According to Chambers USA, clients describe us as "top-notch lawyers who provide great customer service and are practical. They understand our business concerns and can help us balance the pros and cons of various paths."

We represent the interests of policyholders exclusively, working tirelessly to secure recoveries for our clients. We litigate coverage claims when necessary, but focus on developing innovative, non-litigation solutions for our clients’ complex coverage disputes. To proactively avoid disputes, we provide risk management counseling and insurance advice to our clients on all of their most challenging and important matters.

Our team knows the insurance business from every angle and can help you with every kind of claim, from general liability to D&O, E&O and cyber. We leverage that vast experience to address the cutting-edge coverage issues facing policyholders today: cyber and data breach coverage, the unique business risks facing high-growth technology companies, and some of the most complex insurance disputes in the financial services area.

Our approach emphasizes out-of-court solutions wherever possible – obtaining the best recoveries while minimizing the cost and disruption of the courtroom. But when necessary, we bring our courtroom experience to vigorously litigate against our clients’ insurers.

Cyber Risk

Our team is at the forefront of the emerging area of cyber risk and data breach insurance, and has counseled numerous companies on insurance strategy and claims management in the aftermath of major cyberattacks. We work hand in hand with our Cyber, Privacy & Data Innovation team to craft comprehensive cybersecurity programs, advising on the acquisition of cyber-risk policies and helping clients develop breach response procedures that preserve coverage. When a breach occurs, we mobilize immediately and work closely with our client’s in-house team on every step of the response.

We have counseled leading players in some of the most at-risk industries on cyber coverage, including those in the retail and technology sectors and online gaming and ticketing platforms. Our counseling draws on insights from our experience recovering breach-related losses in and out of court under many kinds of policies: cyber policies, general liability policies, tech/media E&O policies and property/business income policies. We helped Sony pursue coverage in the wake of an attack on its gaming network, which resulted in over 60 putative class action lawsuits, and even more recently when Sony Pictures’ network and technology infrastructure was the target of a cyberattack. We continue to represent other clients addressing some of the largest data breaches on record.

  • Trending Specialized Coverage

    We are the go-to firm for special purpose acquisition company (SPAC) transactions, and our insurance lawyers have innovated D&O coverage advice for target companies in these newly mainstream transactions.

    Companies turn to Orrick’s insurance lawyers for supply chain and business interruption coverage, claim, and recovery counsel related to COVID-19.

    Cyber Risk

    When there is a high-profile breach or network outage, we help clients pursue coverage under cyber and technology E&O policies for related class actions and business interruption losses, and D&O coverage for outage-related regulatory matters and investigations.

    We also work with our Cyber and Privacy team to craft cybersecurity programs, advise on the acquisition of cyber-risk policies and help develop breach response procedures that preserve coverage.

    Financial Services

    At the forefront of RMBS monoline litigation. For Credit Suisse, we secured dismissals in three high-stake monoline actions, as well as completed a two-week bench trial in the case filed by monoline insurance company MBIA. This was only the fifth RMBS case to go to trial.

    A destination practice for the technology and finance sectors, two of Orrick’s pillar industries, we advise premier and pioneering fintech brands on all types coverage issues, including under crime policies for funds transfer fraud.

    Life Settlements

    We were one of the first major law firms active in life settlements, and we now have the largest full-service team in the U.S. We’ve successfully:

    • Represented Credit Suisse entities, EFG Bank, EEA, other financial institutions, banks and hedge funds in cost of insurance opt-out lawsuit against a variety of insurers;
    • Represented multiple financial services clients in acquiring life settlements portfolios exiting bankruptcies and restructurings; and
    • Created favorable legislation for investors that made it unfeasible for carriers to try to invalidate life settlements issued in a state.

    General Liability

    We represent policyholders in claims under commercial general liability policies, including:

    • Environmental
    • Asbestos
    • Product liability
    • Toxic tort
    • Intellectual property


    Our Public Policy group is the only major law firm practice devoted to solving clients’ enforcement, legislative and regulatory issues in all 50 states. Our Public Policy group’s insurance regulatory experience concentrates on dispute resolution with regulators, namely, handling and resolving investigations and inquiries by insurance regulators, state attorneys general, and other state government stakeholders relating to insurance or purported insurance offerings.

    Insurance Policy Reviews

    We review active primary and supplemental coverage policies to identify deficiencies and help mitigate risk. Clients also rely on us for assistance with policy renewals and procuring additional coverage. Our team has collectively reviewed tens of thousands of insurance policies, including:

    • D&O
    • E&O
    • Commercial general liability
    • Employment practices liability
    • First party
    • Fiduciary liability
    • Cyber risk
    • Property
    • Business income
    • Reps and warranties
    • Tax liability
    • Pollution liability

    • Premera Blue Cross in a lawsuit related to defense coverage under a commercial general liability policy following a data breach affecting 11 million customers, an issue of first impression under Washington law.
    • Fortress Investment Group looking for innovative ways to protect a substantial investment, turned to Orrick to develop a multistate legislative and regulatory strategy for its life settlement portfolio. We advanced legislation in multiple states providing much-needed certainty to the $30 billion tertiary life insurance market, and in just two years we passed groundbreaking legislation in Minnesota and advanced bills in Delaware and California, despite being outspent 10:1 by our opponents.
    • Credit Suisse in defending a dozen lawsuits brought by monoline insurers and trustees alleging claims related to RMBS transactions following the global financial crisis, including a suit brought by MBIA, which was one of the only post-crisis RMBS cases to go to trial, and one of the financial sector’s largest and most complex litigations.
    • Scopely, a leading mobile gaming company, in a coverage dispute with its cyber insurer regarding coverage for a trade secrets misappropriation claim.
    • EFG Bank in three lawsuits against life insurers related to universal life insurance policy cost increases that violated policy terms and the implied covenant of good faith and fair dealing.
    • IEC, a for-profit education company, in a coverage lawsuit in which the professional liability insurer wrongfully settled an underlying class action, exposing the insurer to bad faith and punitive damages liability.
    • Pacific Pulmonary Services in a bad faith action against its D&O insurer related to establishing the insurer's duty to advance defense costs for an FCA investigation.
    • Sony Pictures in advising on insurance claims related to a cyberattack on its network and IT infrastructure.

Insurance Recovery