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 (Aspen Law & Business © 1999), annually updated. He is a nationally known speaker and hosts seminars on insurance coverage and intellectual property topics. The following links provide some, but not all, of Mr. Gauntlett's published articles and speaking engagements:




February 28, 2008
The Role of Insurance in Trademark and Unfair Competition, ALI-ABA, New Orleans   more>

February 28, 2008
Prospects Brighten in Three Key Jurisdictions for Policyholders in Securing Insurance Coverage for Intellectual Property Lawsuits (CA/OH/TX) ALI-ABA,   more>

January 01, 2008
Intellectual Property Assets: Banking and Due Diligence Handbook, West Services Inc.   more>

January 01, 2008
Recent Case Law Clarifying the Standard for Recovery of Attorney's Fees Incurred in Pursuit of Affirmative Relief for Infringement of Your...   more>

January 01, 2008
California Dreaming: Striking Gold In The Golden State: Expanded Rights Of Recovery In Insurance Coverage Actions, The Licensing Journal   more>

November 01, 2007
The Right To Select Independent Counsel Paid For By The Insurer In Intellectual Property Disputes The Licensing Journal   more>

August 01, 2007
Emerging Issues and Current Laws NBI Presentation at Bad Faith Insurance Claims in California   more>

February 01, 2007
The Proper Definition Of "Advertising" In An "Advertising Injury" Insurance Coverage Case The Licensing Journal   more>

October 01, 2006
The Duty Of Defense Requires Courts To Look Beyond The Merits In Assessing The True Scope Of "Potentiality" The Licensing Journal   more>

August 01, 2006
New Opportunities For CGL Coverage Of Patent Infringement Lawsuits: Assertion Of Patents Rights Implicating Coverage For Defamation And...   more>

June 01, 2006
Proper Definition of "Advertising" in an "Advertising Injury" Coverage Case The Licensing Journal Vol. 26, No. 6   more>

April 01, 2006
Insurers May Owe An Obligated to Defend IP Lawsuits Alleging Wrongful Conduct That is Ongoing From Policy Inception, The Licensing Journal, Vol. 26   more>

February 01, 2006
The Party's Duty To Advise Of Available Insurance Coverage The Licensing Journal Vol. 26, No. 2   more>

January 01, 2006
Insurers May Owe An Obligation To Defend Intellectual Property Lawsuits Alleging Wrongful Conduct That Is Ongoing As Of The Date Of Policy...   more>

November 01, 2005
Insurance Coverage For Business Method Patent Infringement Lawsuits Under Commercial Liability Policies The Licensing Journal, Vol. 25, No. 10   more>

September 01, 2005
Proper Application of the Context Principal in Insurance Coverage Analysis The Licensing Journal Vol. 25, No. 8   more>

August 01, 2005
Games Insurers Play: How Insurers Seek to Limit Policy Benefits They Owe to Their Policyholders, The Licensing Journal, Vol 25, No. 7   more>

May 01, 2005
Notice to the Insurance Brokers of a Lawsuit, Orange County Lawyer, Vol. 47, No. 5   more>

February 01, 2005
Intellectual Property Exclusions and Why They May Not Limit Coverage for Many Intellectual Property Lawsuits, The Licensing Journal, Vol. 25, No. 2   more>

April 01, 2004
Independent Director Exposure To Post Sarbanes-Oxley Claims Requires Revisitation Of Directors & Officers Insurance Coverage, The Licensing Journal...   more>

April 01, 2004
New Opportunities and Ongoing Challenges in Securing Insurance Coverage for Antitrust/Unfair Competition Lawsuits; ABA Section of Antitrust Law...   more>

March 01, 2004
New and Ongoing Challenges in Securing Insurance Coverage for Antitrust/Unfair Competition Lawsuits; Andrews Litigation Reporter - Antitrust, Vol. 11   more>

December 01, 2003
Insurance Coverage Issues In Mergers And Acquisitions For Intellectual Property/Antitrust Exposures   more>

April 01, 2000
Insurance Coverage for Intellectual Property Claims and its Implications for E-Commerce Center for Intellectual Property law News Source, The John...   more>

April 01, 1999
A Primer on Construing "Advertising Injury Coverage": The Proper Application of the Three Part Test, Journal of Insurance Coverage...   more>

January 01, 1999
Intellectual Property Audits: "Insurance Coverage Considerations," (Chapter 13) Intellectual Property Due Diligence in Corporate Transactions: Risk...   more>

January 01, 1999
Insurance Coverage for Intellectual Property Assets, Aspen Law & Business Panel Publishers   more>

September 17, 1998
Exposing the Duplicity of Insurer Analysis of "Advertising Injury" Offenses, Mealey's Emerging Insurance Disputes, Vol. 3, #18   more>

September 01, 1998
Patents and Insurance: Who Will Pay For Reimbursement?, Journal of Science and Technology Law, Boston University School of Law   more>

June 01, 1998
"Bank of the West v. Superior Court, 2 Cal. 4th 1254, 10 Cal. Rptr. 2d 538, 833 P.2d 545 (1992): A Dubious Export," ABA Tort and Insurance Practice...   more>

May 01, 1998
Advance Watch Decision Declared a ‘Somewhat Bizarre and Tortured Application of Michigan Law,' Coverage, Vol. 8, No. 3   more>

April 01, 1998
Insurance Coverage Under GATT for Patent Infringement Claims -- An Update, IPL Newsletter, Vol. 16, No. 3   more>

April 01, 1998
Intellectual Property Disputes: Malpractice Potential and the Need for Insurance Coverage Counsel, The Brief, ABA Torts and Insurance Practice...   more>

January 12, 1998
Business Litigation Attorneys Who Fail to Give Notice to their Client's Insurers of the Claims they Defend May be Hit With Legal Malpractice Claims...   more>

November 01, 1997
IP Attorneys' Failure to Provide Notice of Suits Against an Insured Client is Legal Malpractice, IPL Newsletter, Vol. 15, No. 2   more>

April 01, 1997
When to Seek the Assistance of Insurance Coverage Counsel in Intellectual Property Disputes and What to Ask, IPL Newsletter, Vol. 15, No. 3...   more>

October 01, 1996
TRIPS' Amendment in GATT Creates New Opportunities for Insurance Coverage of Patent Infringement Lawsuits, IPL Newsletter, Volume 14, Number 2   more>

September 01, 1996
Intellectual Property Attorney's Duty to Provide Prompt Notice of Suits Against an Insured Client to Avoid Legal Malpractice, TIPS Newsletter...   more>

April 01, 1996
No Advertising Injury Exclusions in Commercial General Liability Policies Bar Coverage for Intellectual Property Lawsuits, IPL Newsletter, Vol. 14...   more>

January 01, 1996
Courts Continue Expansive Reading to Cover Intellectual Property Torts, Coverage, American Bar Association, Committee on Insurance Coverage...   more>

December 15, 1995
Some Patent Infringement Cases May Potentially Fall Within the Coverage For Certain ‘Advertising Injury' Offenses, BNA's Insurance Coverage...   more>

December 11, 1995
There are None So Blind as Those Who Will Not See: Courts Continue to Read Expansive ‘Advertising Injury' Offenses to Cover a Number of...   more>

December 01, 1995
Intellectual Property Law and Insurance: Recent Developments, Torts and Insurance Law Journal, Vol. 30, No. 2   more>

October 23, 1995
When Is an Insurer Bound by a Duty to Defend?, The National Law Journal, Vol. 18, No. 8, Section C, page 30.   more>

October 01, 1995
No Advertising Injury Exclusions in Commercial General Liability Policies Bar Coverage for Intellectual Property Lawsuits, ABA Tort and Insurance...   more>

September 01, 1995
Solid Case Law Supports Finding that CGL Insurers Owe a Duty of Defense to Their Insureds in a Variety of Lanham Act Claims, IPL Newsletter, Volume...   more>

September 01, 1995
Coverage for Patent Infringement and Related Claims, The RMICC Newsletter, Cutting Edge Coverage Arguments, Vol. 1, No. 1   more>

September 01, 1995
A Response: The Trend Against Expanding ‘Advertising Injury' Coverage to Intellectual Property Claims, Coverage, Vol. 5, No. 5   more>

July 01, 1995
The Reasonable Expectations Doctrine Application to the Construction of Ambiguous Policy Language, ABA Tort and Insurance Practice Section...   more>

May 01, 1995
Changing Winds: Recent Decisions Favor Policyholders in Intellectual Property Coverage Claims, Coverage, American Bar Association, Committee on...   more>

April 01, 1995
Insurance Coverage Savvy Litigation of Intellectual Property Disputes, ABA Tort and Insurance Practice Section, Intellectual Property Law Committee...   more>

November 01, 1994
Strategies for Corporate and Intellectual Property Counsel in Obtaining Coverage for Intellectual Property Lawsuits (Part 2 of a Two-Part Article)...   more>

October 01, 1994
Intellectual Property Law and Insurance: Recent Developments, Tort and Insurance Law Journal, Vol. XXIX, No. 2   more>

September 01, 1994
Alice Through the Looking Glass: The Ninth Circuit Abandons Rationality and Consistency in Its Analysis of Insurance Coverage for Patent...   more>

September 01, 1994
Public Policy Considerations do not Justify Depriving Policyholders of a Defense Against Mere Claims of Intentional Infringement of Intellectual...   more>

September 01, 1994
Strategies for Corporate and Intellectual Property Counsel in Obtaining Coverage for Intellectual Property Lawsuits (Part 1 of a Two-Part Article)...   more>

April 01, 1994
The Abandonment of the Four Corners Doctrine and Its Impact on Insurance Coverage for Intellectual Property Lawsuits, ABA Tort and Insurance...   more>

April 01, 1994
Potential Coverage for Patent Infringement Lawsuits Still Exists Despite the Court's Rulings in Watercloud and Iolab, New Matter, Official...   more>

March 11, 1994
The Ninth Circuit's Restrictive Interpretation of the Causal Nexus Required to Trigger Advertising Injury Coverage for Patent Infringement Lawsuits...   more>

January 31, 1994
Neither the Watercloud Decision's Narrow Factual Determinations nor the Court's Flawed Analysis Should Impair Potential Coverage for Patent...   more>

January 01, 1994
Insurance Coverage for Intellectual Property Lawsuits, Intellectual Property Counseling and Litigation, Matthew Bender & Co., Inc., Chapter 29, Vol. 2   more>

October 01, 1993
Insurance Coverage of Intellectual Property Lawsuits After Bank of the West, New Matter, Official Publication of the State Bar of California...   more>

April 09, 1993
Recent Developments in Insurance Coverage of Intellectual Property Lawsuits, Mealey's Litigation Reports, Intellectual Property Vol. 1, No. 13   more>

April 01, 1993
Insurance Coverage for Intellectual Property Lawsuits, Ch. 18 Business Insurance, Matthew Bender & Co., Inc., Pub. 4/93 and 94.   more>

February 01, 1993
Establishing Intellectual Property Defense Coverage (with Checklist), The Corporate Analyst, Vol. 5, No. 2   more>

March 01, 1992
Establishing Intellectual Property Defense Coverage, The Practical Lawyer, American Bar Association Publication, Vol. 38, No. 2   more>

January 01, 1992
Insurance Coverage of Intellectual Property Lawsuits: An Overview for Intellectual Property Practitioners and Corporate Counsel, Practicing Law...   more>

June 01, 1991
Recent Developments in Insurance Coverage of Intellectual Property Lawsuits, New Matter, Official Publication of the State Bar of California...   more>

February 01, 1991
Recent Developments in Insurance Coverage of Intellectual Property Lawsuits, The Journal of Proprietary Rights, Vol. 3, No. 2   more>

July 01, 1979
Wellenkamp v. Bank of America: Invalidation of Automatically Enforceable Due-On-Sale Clauses, California Law Review, Vol. 67, No. 4   more>

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