Larry Bracken has 38 years of experience litigating insurance coverage, class action and commercial cases in federal and state courts throughout the United States. 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 has worked for many years with the firm’s bankruptcy lawyers to advise clients about insurance aspects of bankruptcy and creditors rights matters, including the litigation of insurance coverage matters in adversary proceedings.

Larry is admitted to practice in Georgia, New York and Virginia, as well as before numerous US Courts of Appeals and US District Courts. After earning his law degree, he served as a law clerk for the Honorable D. Dortch Warriner of the US District Court for the Eastern District of Virginia. He is a Fellow of the American College of Coverage Counsel and the current President of the Board of Directors of the Atlanta Volunteer Lawyers Foundation.

Bar Admissions

Education
JD, University of Virginia School of Law, 1985

BA, University of Virginia, with high distinction, 1981

• 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.

• 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

• 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

• Insurer Denies Coverage for Deal Litigation Despite Bank Purchasing Runoff Coverage for Pre-Acquisition Alleged Wrongful Acts

  By Lawrence Bracken |April 2021

• Year in Review: Top Insurance Cases of 2020

  By Lawrence Bracken |January 2021

• Hunton Insurance Recovery Blog: Updates, Analysis and Breaking News for Commercial Policyholders

  By Lawrence Bracken |December 2020

• 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
• “Phantom” Reimbursement Rights? The Battle Over Recoupment of Defense Costs, Business Law Today
• Practical Advice in a Changing Landscape: Exhaustion of Underlying Limits and Resolving Coverage Issues Under a Multilayer D&O Insurance Program, Financier Worldwide
• 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
• Insurance Mitigates Cyber-Related Risk, The American Oil & Gas Reporter
• 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
• Insurer’s Duties to Defend and Indemnify: Georgia, Thomson Reuters Practical Law
• 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
• 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
• Until the Last Gavel Falls, Insurance Coverage Law Center
• 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