Brian Epps represents commercial policyholders in insurance coverage matters and related indemnity disputes. Mr. Epps' experience involves a broad range of insurance coverage disputes concerning directors' and officers' liability claims, professional liability claims, intellectual property claims, privacy and data breach claims, so-called construction defect claims, mold claims, property damage, and business interruption losses. In addition to litigation, Mr. Epps has dealt with insurance and indemnification issues in the corporate transactions context. Professional & Community Activities U.S. District Court for the Southern District of Georgia, Court Advisory Committee Shepeard Community Blood Center, Board of Directors, Executive Committee, Finance Committee North Augusta Boxing Club, Board of Directors Georgia Law Review, Former Member of Editorial Board and Notes Editor CSRA Workforce Investment Board, Former Member of Board of Directors Clerkships U.S. District Court for the Northern District of Georgia - Honorable Richard W. Story Experience Run-off insurance advice for a major media network, Served as counsel in representing a leading U.S. media conglomerate with respect to insurance coverage issues arising out of the sale of its television channel and website businesses to a consortium of media and entertainment companies, as well as a related program for divestiture of the company's other media businesses. Insurance litigation for nBank, The firm served as lead counsel in representing nBank in its efforts to recover under a Financial Institution Bond for losses arising out of fraudulent practices by nBank's former warehouse lending manager and a number of correspondent mortgage brokers. The case settled favorably on a confidential basis before trial. International arbitration counsel for multinational consumer products corporation in major insurance recovery actions, The firm served as lead counsel in representing a major multinational corporation headquartered in Switzerland in two related international arbitration proceedings against a consortium of Swiss and German insurance companies for coverage in connection with several nationwide consumer class-actions and lawsuits brought by the client's competitors alleging false designation of origin, false advertising and unfair and deceptive trade practices. Our client sought coverage under the "advertising injury" provisions of worldwide excess/umbrella policies issued by the consortium. Both arbitrations were ad hoc proceedings before well-known international arbitrators. The first proceeding settled favorably before the hearings. In the second proceeding, hearings were conducted in Zurich, Switzerland, after which the Panel issued a substantial monetary award to our client. Claim for indemnity and recovery of insurance proceeds for invasion of privacy by theft of computer tapes containing personal data of hundreds of thousands of employees, We represent a major document and data storage provider in pursuing claims for indemnity and insurance coverage for losses incurred in indemnifying the owner of computer tapes containing private data about hundreds of thousands of employees that were stolen as a result of the negligence of a subcontractor hired to transport the tapes. After settling with the owner, we also settled with the subcontractor, in part by obtaining an assignment of the subcontractor's claims against its insurance carriers for reimbursement of the costs of defending and settling the owner's claims, including millions of dollars incurred in notifying the persons affected about the loss of their private data and in providing credit monitoring to persons who requested it. Thereafter, we filed suit against the subcontractor's insurance carriers seeking recovery under the provisions of policies protecting against liability resulting from invasion of privacy and also on behalf of the subcontractor against its broker for not obtaining adequate insurance naming our client as an additional insured. Insurance coverage litigation for Chapter 11 trustee of a hedge fund, The firm serves as lead counsel for the Chapter 11 trustee of a hedge fund and also has advised the trustee in its pursuit of coverage under a D&O policy for liability claims asserted against the former directors and officers for their alleged failure to prevent or detect a Ponzi scheme that resulted in investor losses exceeding $70 million. We represented Recall, a data storage provider, in connection with an claim for indemnity following theft of computer tapes containing private data of hundreds of thousands of employees, We represented Recall Total Information Management, Inc., a major document and data storage provider, in defending claims for indemnity by the owner of computer tapes containing private data regarding hundreds of thousands of employees that were stolen as a result of the negligence of a subcontractor hired to transport the tapes. The owner demanded millions of dollars from our client to indemnify against the costs incurred in notifying the persons affected about the loss of their private data and in providing credit monitoring to persons who requested it. In addition, we participated in efforts to obtain insurance coverage for the loss from our client's general liability carrier. The claims of the customer and claims for recovery of insurance proceeds were resolved by a settlement that reserved the rights of Recall to pursue claims against its subcontractor and its subcontractor's insurers for the losses incurred. Insurance advice for creditor's committee of Vesta Insurance Group Inc., Serves as lead counsel in representing the creditor's committee, and now the plan trustee, of Vesta Insurance Group Inc. in connection with the liquidation of more than $100 million in unsecured debt. The firm has also handled related insurance coverage issues, such as the scope and priority of coverage under a D&O policy. Insurance coverage litigation for a nationwide food product manufacturer, The firm serves as lead counsel for a nationwide producer and distributor of food products in pursuing coverage for a California consumer class action under the "Side C Entity Liability" coverage of a D&O policy. The class action alleges misleading statements in marketing and advertising of a food product. Case pending. *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 01 January 2012, Limits Issues
Source: The Handbook on Additional Insureds, Other Publications 26 January 2011, South Carolina Revisits Insurance Coverage for Defective Construction: No Coverage For Progressive Water Intrusion Damage to Condominiums, Legal Alerts 01 June 2010, Maximizing Your D&O Coverage
Source: Risk Management Magazine, Articles 14 May 2010, Pirates, Rovers, And Builders Risks: Seaborne Coverage Lessons For Shore-Based Construction Projects
Source: 2010 Construction Law Update, Aspen Publishers, Books News 09 September 2011, Kilpatrick Townsend Featured in Practical Law Journal for the Launch of its Insurance Policies and Coverage Toolkit, News Releases 14 July 2010, Construction Industry's Leading Legal Guide Updated for 2010, News Releases (Also at Atlanta Office) |