name

Lawrence Bracken

Partner
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Hunton Andrews Kurth LLP

Georgia, USA
    Local Time: Wednesday 17:49

Practice Expertise

  • Class Action, Multidistrict Litigation
  • Business Litigation
  • Advertising and Marketing Litigation
  • Advertising Litigation

Areas of Practice

  • Advertising and Marketing Litigation
  • Advertising Litigation
  • Business Litigation
  • Class Action, Multidistrict Litigation
  • Commercial Litigation
  • Cross-Border Insurance Coverage
  • Cyber Insurance
  • Cyber Investigation and Privacy Litigation
  • Cyber Investigations and Privacy Litigation
  • Data Breach
  • Energy and Environmental Litigation
  • Energy and Infrastructure
  • Energy Litigation
  • Energy Sector Security Team
  • Environmental Compliance, Litigation and ...
  • Financial Services Litigation
  • Insurance Coverage
  • Insurance Coverage Counseling and Litigation
  • Insurance Litigation and Counseling
  • Litigation
  • Mining, Petroleum and Related Chemicals
  • National Security
  • Pipeline
  • Reinsurance
  • Transactional Insurance
  • View More

Profile

Larry Bracken has more than 35 years of experience litigating insurance coverage, class action, environmental and commercial matters.

Larry has represented clients in federal and state courts throughout the United States in a broad range of cases. In addition to representing policyholders in insurance coverage disputes, he regularly litigates class actions and complex commercial disputes. Pro bono representation of clients in habeas corpus, prisoner rights, and landlord-tenant litigation also is an important part of his practice.

In addition to his litigation practice, Larry counsels policyholders regarding insurance claim evaluation and strategy, policy placement and manuscripting issues, and recovery of insurance proceeds under third parties’ insurance policies. He has assisted the firm’s transactional attorneys in performing insurance and litigation due diligence for numerous transactions, including a $3.5 billion energy industry acquisition.

Larry is admitted to practice in Georgia, New York and Virginia, as well as before the U.S. Courts of Appeals for the Fourth, Seventh, Ninth and Eleventh Circuits, and numerous U.S. District Courts. After earning his law degree, he served as a law clerk for the Honorable D. Dortch Warriner of the U.S. District Court for the Eastern District of Virginia. He is a Fellow of the American College of Coverage Counsel.

Representative Experience–Insurance Litigation and Counseling

  • Advised clients in more than 600 insurance coverage matters involving CGL, excess liability, environmental/PLL, E&O, technology E&O, D&O, first-party property, business interruption, inland marine, life, trade credit, and builders risk coverage.

Directors and Officers/Management Liability Insurance

  • Tried eight D&O liability insurance matters in U.S. courts and arbitration proceedings as lead counsel.
  • Advised numerous public and private company clients concerning D&O liability coverage arising from securities and fiduciary claims.
  • Advising major electric utility holding company concerning D&O insurance coverage for claims arising out of spinoff of affiliated company.
  • Represented current and former executives of Fortune 50 financial-services company to secure Side-A D&O coverage in connection with multiple government investigations and in derivative lawsuits filed in federal and state courts. The coverage issues involved a complex overlay of financial-services regulatory agency investigations. The firm’s coverage advice facilitated settlement in one of the largest derivative settlements of all time.
  • Lead counsel representing a Fortune 250 energy company in the negotiation, mediation and arbitration of claims involving coverage under $300 million D&O liability insurance tower. Underlying claims arose from insolvency of client’s foreign subsidiaries and related U.S. securities litigation.
  • Advised U.S. energy company about D&O insurance coverage issues arising from U.S. Attorney investigation of alleged mining regulation violations.
  • Advised independent system operator in the placement of D&O liability and E&O liability coverage, and in connection with various actual and potential claims.
  • Advised geothermal energy company about D&O insurance coverage issues, including coverage issues relating to acquisition of subsidiary in bankruptcy proceedings.

CGL/Excess Liability Insurance

  • Advising the nation’s largest freight and package delivery company concerning insurance issues arising out of several multiple fatality trucking accidents.
  • Representing American energy company in a London arbitration seeking reimbursement from an excess liability insurer for defense costs and settlement of claims arising out of explosion at a petrochemical plant. Previously assisted the client with insurance recoveries exceeding $200 million for the incident.

Coverage for Pollution/Toxic Tort Claims

  • Advising nation’s largest petroleum products pipeline company in the negotiation and litigation of pollution legal liability and general liability insurance claims in connection with the release of gasoline from a company pipeline. Also advising the client about potential recoveries from contractors’ insurers and additional insured coverage.
  • Representing major electric utility in the negotiation of multiple environmental insurance claims arising out of air and water releases.
  • Advising major U.S. electric utility concerning insurance coverage for alleged emissions from power generation plants.
  • Negotiated and litigated $100 million+ of insurance coverage claims asserted against multiple excess liability policies, involving seven separate releases from pipelines operated by major petroleum pipeline company.
  • Advised multinational energy company in negotiation of pollution liability coverage for major U.S. environmental site.
  • Represented a major petroleum products pipeline company in an action for declaratory judgment against several U.S. insurers arising out of a petroleum pipeline release.
  • Litigated insurance coverage action in connection with environmental claims arising from closed coal gasification plant and waste facility, resulting in negotiated settlement of defense cost and indemnity exceeding $25 million.
  • Litigated and settled insurance coverage claims asserted against excess liability insurers, arising from catastrophic failure of mine company impoundment that resulted in third-party property damage and environmental claims.
  • Advised manufacturers of various products concerning insurance coverage for asbestos claims.

First-Party Property and Business Interruption Coverage

  • Represented municipality in litigation involving municipality’s commercial property policy seeking reimbursement for flood-related property damage and extra expense. Assisted client in recovering $24 million from its property insurers, as well as additional funds from FEMA.
  • Represented major REIT concerning first-party insurance coverage issues arising out of property damage and construction errors at residential housing complex, resulting in recovery of full amount claimed by client.
  • Litigated and negotiated the successful resolution of a business interruption/cost of replacement power claim on behalf of a major electric generation company, which arose from the failure of a transformer at a 575 MW coal generation unit, resulting in the extended shutdown of the unit.
  • Negotiated the successful resolution of a property damage/business interruption claim on behalf of a major electric generation company, which arose from a fire at a 565 MW coal generation unit, resulting in the extended shutdown of the unit.
  • Represented multiple clients in claims involving property damage and business interruption coverage arising from fire and explosion damage to industrial facilities and other operations, including bad faith claims.
  • Advising Singapore-based commodity trading company concerning trade credit insurance coverage arising out of $100 million of non-payments by trading partners.
  • Settled a $24 million builders risk claim, in pre-litigation mediation, for developer client arising from design errors during construction of a $300 million hotel and entertainment complex.

Representative Experience–Class Action Litigation

  • Class action practice concentrates on the defense of unfair trade practice/false advertising claims, privacy and data breach claims, and consumer class actions. Lead counsel in more than 50 class actions.
  • Representing a major U.S. energy company in class actions alleging injury to consumers as a result of cyber-attack on company’s computer systems.
  • Represented Fortune 25 technology company in a 226,000-member consumer class action in which plaintiff alleged false advertising and violation of unfair trade practices statutes in the advertising and sale of consumer electronics products. Obtained defense verdict after a three-week trial.
  • Represented Fortune 25 technology company in multiple related state and nationwide consumer class actions in nine different states, involving allegations of unfair and deceptive trade practices and breach of warranty in the advertising and marketing of consumer electronics and computer products. Member of client’s defense panel for 20 other cases involving 22 million putative class members. Assisted client to obtain a global settlement for a nominal amount after several defense victories.
  • Defended national homebuilder and its affiliated mortgage company in defense of purported nationwide class action asserting violations of California Business & Professions Code §§ 17200 and 17500, as well as common law causes of action, alleging a scheme to increase home sale prices through improper practices and nondisclosures in the brokering and arranging subprime mortgages. All claims were dismissed on standing and Rule 12(b)(6) grounds before discovery commenced.
  • Represented nation’s largest residential mortgage lender and one of the nation’s largest banks in putative class action seeking statutory damages for alleged failures to cancel mortgage instruments within statutory period.
  • Represented national mortgage lender in putative class action seeking refunds of closing fees and charges that allegedly exceeded limits allowed under state law, resulting in de minimis settlement after District Court granted motion for summary judgment on all counts.
  • Represented a national grocery store chain in a privacy class action in which plaintiff asserted violations of state consumer tampering statute, as well as common law claims. The putative class claimed that the defendant’s website utilized flash cookies to track plaintiff’s web browsing activities.
  • Represented major payment processor in data breach class action. Case resolved favorably for client prior to discovery and all except a single count of the complaint were dismissed on motions.
  • Represented major payment processor in class action alleging that client improperly charged early termination fees and allegedly engaged in unfair and deceptive trade practices. Case resolved favorably to our client after motion to dismiss was filed.
  • Represented national homebuilder and affiliated mortgage company in defense of federal court nationwide class action in which plaintiff alleged improper practices and nondisclosures in brokering and arranging subprime mortgages. Court granted defendants’ motion to dismiss, resulting in dismissal of all counts with prejudice.
  • Represented national homebuilder and affiliated mortgage company in defense of class actions alleging improper practices and nondisclosures in brokering and arranging subprime mortgages. Court granted clients’ motion to dismiss all claims with prejudice.
  • Defended national homebuilder and affiliated mortgage company in defense of class action alleging violations of RESPA and North Carolina UDTPA, arising out of alleged requirement that homebuyers use defendants’ affiliated settlement services and other allegedly illegal mortgage brokerage practices. Obtained dismissal of all but one claim, resulting in highly favorable settlement.
  • Defended large national bank in the defense of purported nationwide class action alleging unfair trade practices and breach of common law duties arising from the bank’s ATM overdraft charge practices and procedures. Negotiated settlement with named plaintiff and case dismissed.
  • Represented national homebuilder and affiliated mortgage company in defense of class action alleging improper practices and nondisclosures in brokering and arranging subprime mortgages. Case was settled favorably after one-day mediation.
  • Represented Fortune 25 company in alleged nationwide consumer class actions involving allegations of unfair and deceptive trade practices in the advertising and marketing of personal computers. Obtained favorable settlements after discovery, which were approved by trial courts.
  • Represented major internet service provider in alleged nationwide consumer class action claiming that ISP improperly charged fees to subscribers. Obtained dismissal of claims and case ultimately settled.

Representative Experience–Commercial Litigation

  • Defended Fortune 50 financial services company in suit by IT infrastructure provider alleging breach of a technology services outsourcing contract. Conducted fast-track discovery and obtained summary judgment for client on majority of issues, resulting in favorable settlement of the few remaining claims.
  • Represented major U.S. food processing company in claims against IT infrastructure provider arising out of errors and contract breaches in the installation and operation of the client’s IT systems under a multi-year $80 million outsourcing contract. Negotiated favorable resolution for client in mediation immediately before filing suit.
  • Advised multiple Fortune 500 clients in confidential pre-litigation negotiations and mediation arising from IT infrastructure and technology services agreements, resulting in negotiated settlements.
  • Represented electric power company in dispute with engineering/construction firm regarding construction of biomass-burning power plant. Obtained favorable settlement for client prior to trial.
  • Defended suit alleging misappropriation of trade secrets by global software development company in the development of health insurance claims software. Negotiated successful settlement after extensive discovery.

Bar Admissions

  • Georgia
  • New York
  • Virginia

Education
BA, University of Virginia, with high distinction, 1981

Areas of Practice

  • Advertising and Marketing Litigation
  • Advertising Litigation
  • Business Litigation
  • Class Action, Multidistrict Litigation
  • Commercial Litigation
  • Cross-Border Insurance Coverage
  • Cyber Insurance
  • Cyber Investigation and Privacy Litigation
  • Cyber Investigations and Privacy Litigation
  • Data Breach
  • Energy and Environmental Litigation
  • Energy and Infrastructure
  • Energy Litigation
  • Energy Sector Security Team
  • Environmental Compliance, Litigation and Defense
  • Financial Services Litigation
  • Insurance Coverage
  • Insurance Coverage Counseling and Litigation
  • Insurance Litigation and Counseling
  • Litigation
  • Mining, Petroleum and Related Chemicals
  • National Security
  • Pipeline
  • Reinsurance
  • Transactional Insurance

Professional Career

Significant Accomplishments
  • Class action practice concentrates on the defense of unfair trade practice/false advertising claims, privacy and data breach claims and consumer class actions.
  • Represents companies in the investigation of privacy issues, actual and threatened cyber security events, cyber intrusions and cyber extortion, as well as in the defense of class actions and other claims arising from such events. Advises clients regarding the management of litigation and other risks arising from cyber security and privacy issues.
  • Represents banks, consumer lending and servicing companies, and mortgage lenders in class actions and other civil litigation involving allegations of unfair and deceptive trade practices, fraud, wrongful foreclosure, fraudulent transfers, and violations of federal statutes such as the Truth in Lending Act, Real Estate Settlement Procedures Act, and the Fair Debt Collection Practices Act.
  • Represents clients in internal investigations and related litigation involving allegations of trade secret misappropriation (often including alleged breach of confidentiality or non-disclosure terms), privacy and data security issues, disputes arising out of outsourcing and other technology service agreements, alleged breaches of consumer agreements and consumer protection laws, and claims of fraud and other commercial torts. Clients include software development companies, other technology companies, manufacturing companies, international banks, consumer lenders and other clients. Also advises clients in the investigation and legal response to such issues prior to litigation.
  • Represents a national grocery store chain in a privacy class action in which plaintiff asserts violations of state consumer tampering statute, as well as common law claims. The putative class claims that the defendant's website utilized flash cookies to track plaintiff's web browsing activities.
  • Represented major payment processor in data breach class action. Case resolved favorably for client prior to discovery and after all except a single count of the complaint were dismissed on motions. The matter involved issues of first impression concerning standing and substantive causes of action.
  • After cyber intrusion at major payment processor client, advised client concerning risk mitigation procedures and preparation for potential litigation claims by customers and consumers.
  • Defended suit alleging misappropriation of trade secrets by global software development company in the development of health insurance claims software. Led external legal team that assisted client’s General Counsel in the internal investigation of the allegations. Investigation involved interviews of hundreds of witnesses and the analysis of more than 5 million documents and software development data, as well as coordination with multiple experts. Negotiated successful settlement of related litigation.
  • Defending national homebuilder and affiliated mortgage company in defense of purported nationwide class action asserting violations of California Business & Professions Code §§ 17200 and 17500, as well as common law causes of action, alleging a scheme to increase home sale prices through improper practices and nondisclosures in brokering and arranging subprime mortgages.
  • Representing nation's largest residential mortgage lender in putative class action seeking statutory damages for alleged failures to cancel mortgage instruments within statutory period.
  • Represented a major subprime mortgage lending company in a series of allegedly predatory lending class actions asserting violations of state unfair trade practice and usury laws.
  • Represented national mortgage lender in putative class action seeking refunds of closing fees and charges that allegedly exceeded limits allowed under state law, resulting in favorable settlement after District Court granted motion for summary judgment on all counts.
  • Represented Fortune 50 company in a 226,000-member consumer class action in which plaintiff alleged false advertising and violation of unfair trade practices statutes in the advertising and sale of consumer electronics products. Obtained defense verdict after a three-week trial.
  • Represented Fortune 50 company in multiple consumer class actions in nine different jurisdictions, involving allegations of unfair trade practices in the advertising and sale of consumer electronics and computer products.
  • Represented clients in more than 75 environmental litigation matters, involving claims asserted under CERCLA, RCRA, Clean Water Act, Oil Pollution Act of 1990 and other federal environmental statutes, as well as related state statutes and common law.
  • Represented national petroleum pipeline company in defense of riparian landowners' claims for property damage resulting from spill of fuel oil from pipeline. Obtained favorable settlement for company.


Professional Associations
  • Board of Directors, Atlanta Volunteer Lawyers Foundation
  • Member, American Bar Association
  • Member, Defense Research Institute
  • Member, Georgia State Bar Disciplinary Rules and Procedures Committee, 2008-2011, 2015-2018 
  • Master, Bleckley Inn of the American Inns of Court

Professional Activities and Experience
  • Listed in Chambers USA Client’s Guide, Litigation, 2008-2017
  • Named Best Lawyer, Insurance Law, The Best Lawyers in America - Georgia, 2012-2018. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Named Best Lawyer, Commercial Litigation, The Best Lawyers in America - Georgia, 2012-2018. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Named Best Lawyer, Litigation – Banking & Finance, Georgia, The Best Lawyers in America, 2012-2018. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Named a Litigation Super Lawyer, Atlanta Magazine and Georgia Super Lawyers magazine®, 2005-2018. A description of the selection methodology can be found on Super Lawyers’ webpage.
  • 2015 Justice Ally of the Year Award – Southern Center for Human Rights

Articles

Additional Articles
  • Georgia Environmental Law Handbook (Litigation and Insurance Coverage)
  • Flood Coverage and High Hazard Zones: Issues Policyholders Should Be Aware Of, ABA Coverage Journal
  • Purported COVID-19 Class Actions Face Big Hurdles, Daily Report
  • Insurer’s Duties to Defend and Indemnify: Georgia, Westlaw
  • Insurer’s Duties to Defend and Indemnify: Georgia, Thomson Reuters Practical Law
  • Practical Advice in a Changing Landscape: Exhaustion of Underlying Limits and Resolving Coverage Issues Under a Multilayer D&O Insurance Program, Financier Worldwide
  • Insurance Mitigates Cyber-Related Risk, The American Oil & Gas Reporter
  • AAA Releases Rules on the Administration of Class Actions, ABA Franchise Law Journal
  • D&O Insurance Issues Arising from the COVID-19 Crisis, The D & O Diary
  • General Insurance Policies May Provide Coverage for Data Breaches, American Bar Association, Tort Trial & Insurance Practice Section
  • Insurers Win Series Against Lakers in TCPA D&O Shootout, Law360
  • Be Careful When relying on Insurance Coverage to Contain Utilities’ Wildfire Risks, Electric Light & Power
  • Class Certification And Multidistrict Litigation Hurdles For Business Interruption Claims, Mealey’s Litigation Report: Insurance
  • Insurance Mitigates Cyber-Related Risk, American Oil & Gas Reporter
  • 3 D&O Questions Regarding Event-Driven Securities Litigation, Law360
  • Energy industry: Is Your Insurance Sufficient to Handle a Major Cyber Event?, Electric Light & Power
  • Victory for policyholders as Texas court interprets contract exclusion narrowly in favor of coverage, Westlaw Today
  • Insurer Denies Coverage for Deal Litigation Despite Bank Purchasing Runoff Coverage for Pre-Acquisition Alleged Wrongful Acts, The Banking Law Journal
  • Protecting Delaware Insureds: Recent Decisions Highlight Importance of State Law, D&O Policy Provisions Governing Coverage, Forum, and Applicable Law, Business Law Today
  • Arbitration Agreements and Class Action Waivers—Practical Steps in an Uncertain Landscape, U.S. Law Week, 80 U.S.L.W. 1649
  • D.C. Circuit Steadies the Barko Bus: Clarification of the Attorney-client Privilege in Corporate Internal Investigations and Post-Barko Developments, Bloomberg BNA Corporate Law & Accountability Report

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