Nathaniel D. McKitterick

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.)