What services do you currently offer?
Gauntlett & Associates represents clients in pursuit of insurance claims addressing a wide range of litigation matters including, but not limited to, intellectual property, employment and business litigation. We pursue these claims under Commercial General Liability (“CGL”), Directors & Officers (“D&O”), as well as Errors & Omissions (“E&O”) policies and help clients structure appropriate insurance portfolios working carefully with selected insurance brokers, which include focus on forms of errors & omissions coverage for media/advertising liability, cyber as well as trustee insurance policies.
In addition, we defend intellectual property lawsuits often looking to our clients’ insurers to fund that litigation at the insurer’s expense in our role as independent counsel after having secured insurance policy defense benefits for our clients typically through letter writing campaigns that emphasize why coverage arises in the appropriate suit.
What services would you consider offering in the future?
Focusing on direct marketing of employment coverage for employment litigation matters, as well as pursuit of intellectual property suits as plaintiffs where we anticipate counterclaims that may implicate coverage based on the nature of our client’s business, its competitors, and the character of the claims it seeks to assert. This representation would also be enhanced by securing appropriate insurance for our client before litigation is pursued.
What are the benefits you provide?
We are cost-effective, we are experienced, have significant internal resources which we will use to lessen the time to creation of pertinent work product, are accustomed to working with insurers to secure the best possible benefits under policies issued to our insureds, as well as structuring the best insurance relationships going forward for our insurance benefits.
How are you superior to your competitors?
We are the first firm to have secured insurance coverage for patent infringement, antitrust violations under foreign liability policies for U.S. lawsuits, class action false advertising claims, as well as spearheading careful analysis and review of the intersection between insurance and IP claims, as well as complex employment and business litigation matters. Our principal, David Gauntlett, has written a significant Treatise on Insurance Coverage of Intellectual Property Assets, as well as a publication from the American Bar Association, Litigation Section, entitled IP Attorneys’ Handbook for Insurance Coverage in Intellectual Property Disputes, both of which are best sellers and are in their second edition. Mr. Gauntlett has also written a number of articles for Appleman on Insurance, as well as other publications and speaks regularly on these topics to keep abreast of legal developments.
We translate our coverage expertise to create value to our clients by integrating through knowledge management procedures, ready access to these materials, so that the benefit of their analysis can be readily passed on to clients.
We have also received unanticipated results in many cases making the difference between the company’s survival or expiration due to securing the insurance coverage it needed.
Which market segments do you currently serve?
The range of businesses we have assisted includes a number of segments, including technology addressing electronics, nutraceuticals, pharma, sporting goods, apparel, media, entertainment, printing, telecommunications, food industry, defense, government contractors, oil companies, cement/concrete manufacturers and distributors, and restaurants. In all, a number of client segments in a variety of industries, in virtually in every state in the union, and some foreign countries, including over 10% of the Fortune 500, as well as a number of mid-cap companies and smaller businesses.
We have also represented lawyers in Errors & Omissions coverage disputes, as well as insurance procurement assistance under a variety of policy forms, with special emphasis on those practitioners who address intellectual property disputes.
Which additional market segments would you consider serving?
The experience level of our associates can always be enhanced by additional educational opportunities and practice experience that allows them to address the range of coverage disputes in intellectual property challenges that our firm has traditionally addressed.
We wish the general legal community to know of our expertise and cost effective intellectual property litigation to assist as both local counsel and lead counsel in such matters.
What aspects of your practice do you want to improve?
Integrate an associate into our practice who can effectively assist our significant prior work product to deliver customized, but cost effective legal services to clients who use our expertise to resolve insurance coverage disputes.
Is your contact database accurate and comprehensive?
Yes. We have a full-time, on-site technology manager who regularly updates and maintains our network, computers, phone and database materials, as well as assisting as a technology coordinator in trial preparation activities.
What is your current pricing structure?
Our principal, key senior associates, mid-level and junior associates bill on an hourly basis. Depending on the matter at hand are average billable experience rate that varies from $250 to $400 per hour.
What changes, if any, do you want to make to your pricing structure?
For intellectual property matters, a higher rate structure is appropriate where clients do not have insurance carrier reimbursement that limits the rates that the insurers are prepared to pay without fomenting rate disputes.
What is your current geographic reach?
Nationwide, with a special interest in federal court representation in California, Illinois, New York, and Wisconsin where members of the firm are admitted to presently practice. We are also interested in doing consulting in international matters where our particular expertise is of interest.
Should you expand, contract, or maintain your geographic reach? Explain.
Coverage litigation being law-based, and rarely requiring personal appearances in court can well be managed economically nationwide and we will continue to engage in that practice, as our expertise has developed significant legal knowledge of key jurisdictions and the coverage law in each as it appertains to intellectual property and employment litigation matters.
What are the titles of the people who have the authority to hire you?
CEOs, CFOs, Controllers, General Counsel, and others who function that role as fractional CFOs, CEOs, CMOs, COOs—all who care about the bottom line cost of litigation to achieve the results their company is dedicated to.
Do you have a list of strangers you would like to meet? (Wish List)
Yes. CEOs of mid-cap companies who do not have present risk management support and need a bridge between their CFO and their own expertise related to insurance issues, which can also support general counsel where the company has them or not, if it has no service in that space.
What industries are your current referral sources in?
Our best referral resources are other lawyers nationally, especially intellectual property, employment, business, corporate lawyers, as well as litigators who know of the needs of their clients arising in the litigation context.
What additional industries are potential referral sources in?
Accountants, insurance brokers, general counsel and all of the industries previously describe that are referred as business, as well as CFOs of same.
Which organizations do you currently support?
American Bar Association, Orange County Bar Association, American Business Trial Lawyers, AIPLA
Which additional organizations would you consider?
Insurance coverage seminars for Litigation Section Insurance Coverage Committee and perhaps the coverage committee of the Torts and Insurance Practice Section, as well as the Litigation Section and the Intellectual Property Section.
Which additional events would you consider attending?
Various venues where I will be publicly speaking, such as the Beverly Hills Bar Association this fall, and Orange County Bar Association. Provisors, as a presentation on issues of interest to decision-makers who need insurance knowledge to address current problems. Fall meetings for the Litigation Section and the Torts and Insurance Practice Section should be considered.