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Nathaniel D. McKitterick

Nathaniel D. McKitterick

Partner
About

For over 25 years, Nate McKitterick has been an effective advocate and trusted advisor, assisting corporations, private equity and venture entities, and individual executives with insurance and indemnification matters. His extensive experience spans a number of areas, particularly directors and officers liability insurance, representations and warranties insurance and other transactional products, and cyberinsurance matters. He is considered a leading authority regarding the use of transactional insurance products.

Nate also has deep knowledge of commercial indemnification matters, including M&A indemnities, patent indemnity, management indemnification, and standard commercial indemnities.

Bar admissionsCalifornia

EXPERIENCE

MERGERS AND ACQUISITIONS
  • Assisting on placement and negotiation of multiple transactional insurance products for over 20 years, including:
    • Buy-side and sell-side representations and warranties insurance
    • Cross-border deals
    • Tax opinion and tax indemnity insurance 
    • Litigation management/specific liability products
    • Environmental insurance
    • Traditional insurance products relevant to the transaction
  • Negotiating indemnity and insurance terms
  • Advising regarding post-transaction disputes
  • Insurance-related diligence, including known target risks
CYBER/PRIVACY
  • Assisting clients in assessing and negotiating cyber/privacy insurance
  • Advising regarding breach response, including claims for:
    • Business interruption
    • Ransomware
    • Third party and regulatory liabilities
    • Breach response expenses
  • Advising and negotiating contractual limitations of liability and indemnification terms with customers, suppliers, and service providers

INSURANCE AND INDEMNIFICATION GENERALLY

  • Assisting corporations and management in assessing risks and negotiating the terms of directors and officers, cyberinsurance, employment practices, commercial general liability, errors and omissions, and other insurance policies (environmental liability, environmental cost cap, fiduciary liability, property, etc.)
  • 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

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.)
Education
  • B.A., University of Wisconsin 1989
    cum laude
  • J.D., University of California, Hastings College of Law 1994

Awards

  • The Legal 500 United States
    2015 - Recommended, Cyber Crime
  • 2004 Wiley W. Manuel Award for Pro Bono Legal Services, California State Bar Association

Publications

  • Contributor, "Cyber Risk Handbook," 2014 (joint NACD, AIG publication), endorsed by both the Department of Homeland Security and the Information Systems Audit and Control Association
  • Contributor, "The Tech Contracts Handbook," David E. Tollen (2010)

Seminars

  • Panelist, Professional Liability Underwriting Society's 2014 D&O Symposium

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