Publications

David A. Gauntlett is a published author, speaker and scholar in the area of insurance coverage. Mr. Gauntlett has authored numerous articles for publications in various ABA publications as well as PLI, Matthew Bender and Mealey’s. These include:

Insurance Coverage of Intellectual Property Assets, Second Edition

Insurance Coverage of IntelleTreatiseCoverctual Property Assets, Second Edition(Aspen Publishers) is the best resource to comprehensively analyze the insurance protection issues that must be considered when an intellectual property dispute arises. From determining the scope of coverage under a policy, to tendering of a claim, to seeking remedies when coverage has been denied, this essential guidebook details the interactions among policyholders, insurers and the courts.  You’ll find comprehensive and timely analysis of federal and state case law and major commercial insurance policy provisions that address:

  • The extent of insurance coverage under the “advertising injury” and “personal injury” provisions
  • Language in policies that limits or excludes coverage for intellectual property claims
  • Public policy exclusions to coverage for claims of an infringement undertaken with intent to harm
  • Interpreting ambiguous language in insurance policies
  • Defending a claim under a “reservation of rights” and potential conflicts of interest triggered thereby
  • Forum selection and choice of law
  • And more.

 

In addition, there’s detailed discussion and comparison of the actual language used in most commercial insurance policies and the most recent Insurance Services (ISO) policies.  The book and supplements (annually updated) are available for $345.00 plus tax where applicable. To order, click here.

 

IP Attorney’s Handbook for Insurance Coverage in Intellectual Property Disputes, Second Edition

IP Handbook-2nd EdThis easy-to-use guide addresses clients’ questions regarding insurance coverage for intellectual property and contains information vital to intellectual property litigators who wish to use insurance to reimburse the cost of defending intellectual property lawsuits, or obtain moneys for their settlement and/or indemnification of damage awards that may arise therein.

The book focuses on the kind of policy language carriers have used, how courts have interpreted these, and issues intellectual property practitioners need to be sensitive to in litigating insurance cases so that they are “insurance savvy.” It also highlights issues that are of particular concern to practitioners who must weave in and out of the labryinth of insurance coverage cases that march to a distinctive set of often counter-intuitive rules.

The book offers practical advice for:

  • Complying with intellectual property counsel’s obligations as defense counsel by advising if potential coverage arises so as to be disclosed in response to a Federal Rule of Civil Procedure 26(f) inquiry at the commencement of the lawsuit
  • Securing insurance coverage for clients in intellectual property litigation funded by insurance through the policyholder’s chosen counsel at reasonable rates that would otherwise be beyond the financial resources of many potential clients
  • Discussing how claimants can use insurance resources to settle cases in a manner beneficial to their client pursuing intellectual property claims
  • Clarifying what rights policy holders have to select their own counsel, reimbursed by insurers at reasonable rates, to fund their defense activities
  • Advising what insurance policies might best be obtained that offer the broadest form of insurance coverage for intellectual property risks, as well as illuminating how court decisions might affect particular language adopted by the proposed policies

The book includes a valuable checklist that: highlights the types of intellectual property claims most likely to trigger coverage under pertinent commercial liability policies; identifies the broad number of participants involved in a dispute whose insurance may be implicated; evaluates other forms of insurance responsive to intellectual property risks; and more.

Numerous “fact scenarios” with applicable case citations, as well as checklists for choosing cyberspace policies and policies covering errors and omissions, directors and officers, commercial general liability, and intellectual property risks complete the book.

 

OTHER PUBLICATIONS

  • New Appleman Insurance Law Practice Guide chapter on “Understanding Intellectual Property Insurance”(LexisNexis 2009) (contributor)
  • New Appleman on Insurance Law Library Edition chapter on “Intellectual Property Insurance”(LexisNexis 2011) (contributor)
  • Recent Developments in Insurance Coverage Litigation (with Stephen Groves, Robert Kelly, Christine Davis, Pamela Palmer and Fred Smith) for the Tort Trial & Insurance Practice Law Journal, Winter 2010 (45:2)
  • ICLC’s CGL Handbook chapter entitled “The Principal Exclusions in Coverage B” (ABA 2009) (contributing editor)
  • A Primer on Insurance Coverage Law, and Intellectual Property Claims Under Commercial General Liability Policies (Insurance of IP assets) (contributing author for Chapter 7) (Tod I. Zuckerman, Robert D. Chesler, Mary Hildebrand and Christopher Keegan)
  • Free and Open Source Software and Content Desk Reference: A Legal and Risk Management Guide(Browntree Publications) (contributing author of chapters on F/OSS and F/OC adoption and corporate risk management policies and procedures)

UPCOMING PUBLICATIONS

  • 2015 Update for Intellectual Property Due Diligence in Corporate Transactions: Investment, Risk Assessment and Management § 12A (West Thomson Reuters) (contributor)
  • 2015 Update for Assets and Finance:  Audits and Valuation of Intellectual Property – Internal Controls, Materiality and Investment (West/Thompson Reuters) (Westlaw AFAVIP) (contributor)
  • New Appleman on Insurance Critical Issues in Insurance Coverage – upcoming chapter on “Insurance Coverage for Antitrust Lawsuits” (LexisNexis, scheduled release date:  April 2015) (contributor)

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