Nate McKitterick's practice concentrates on insurance and indemnification counseling, and related management liability issues, spanning a range of subspecialties. He also represents clients in commercial litigation in state and federal courts. In 2004, Mr. McKitterick received the Wiley W. Manuel Award for Pro Bono Legal Services from the California State Bar Association.

In addition to broad and deep experience regarding indemnification and insurance issues, Mr. McKitterick has experience in most forms of insurance coverage: directors and officers liability, commercial general liability, employment practices liability, technology errors and omissions, homeowners, business interruption, cargo, environmental liability, environmental cost cap, employee benefits liability, fiduciary liability and specialty transactional/M&A products. He has advised corporations in almost every sector of the business world.

Insurance and Indemnification

• Assisting corporations and management in assessing risks and negotiating the terms of directors and officers, employment practices, commercial general liability, errors and omissions and other insurance policies
• Advising corporations and management regarding management indemnification rights and exposures, including in securities litigation, government investigations, and government civil and criminal actions both in the United States and abroad
• Advising corporations and individual directors and officers regarding rights under insurance policies with regard to actual or potential claims, including in bankruptcy situations
• Advising and litigating patent-related indemnification disputes
• Negotiating of insurance, indemnity and other risk limitation and transfer provisions in various commercial deals, including M&A, and litigation regarding same
• Advising clients regarding their personal insurance programs and assistance with major claims (e.g., total house fire losses)

Commercial Litigation

• Defend both corporations and individual directors and officers in securities litigation, with special focus on derivative actions
• Internal investigations regarding various subjects
• Commercial disputes, including clinical trials and CRO work, Indian gaming, trade secret theft, property damage, common law fraud, financing disputes, construction disputes, broker disputes and employment matters

Representative past litigation matters include:

• Advised the former CEO of a former Fortune 500 company regarding management indemnification and insurance issues, to protect his interests in ongoing securities litigation
• Represented a pharmaceutical company in claims against another pharmaceutical company relating to clinical trial errors, securing a multimillion-dollar settlement for the client
• Represented a chip manufacturer in breach of warranty and negligence claims where the plaintiff demanded more than $2 million; settled for $200,000, paid 100 percent by insurance proceeds
• Represented a manufacturer in a trade secret and interference with business claim by a major competitor; demand was $1.7 million; ultimate settlement involved no payment to plaintiff

Published Decisions

• Allstate Insurance Company v. Mel Rapton, Inc. (2000) 77 Cal. App. 4th 901, 92 Cal. Rptr. 2d 151
• Gonzales v. Ameriquest Mortgage Co. et al., 2004 WL 2472249 (N.D. Cal.)