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Rob Cutbirth is a partner serving as the Office Chair for the Firm’s San Francisco-Downtown and Sacramento offices. Mr. Cutbirth brings more than 30 years of counseling and trial and appellate experience to his roles as general counsel, insurance coverage and specialty employment counsel, and first chair trial and appellate litigator for local, regional, national, and international companies, insurers, and public entities.
Mr. Cutbirth has been recognized as a multi-disciplinary insurance expert, having drafted policies and endorsements for nearly every coverage line. He oversees and manages claims complex and challenging claims arising under D&O/E&O, employment practices, cyber, and general liability product lines, and as needed has defense claims involving coverage and “bad faith” issues in many jurisdictions throughout the United States. Rob served as an interim Claims Manager on a Financial Institutions/Directors and Officers desk for a London Syndicate, and serves as trusted coverage and monitoring counsel for a both London-based and domestic insurance programs that promote positive relationship with insureds and their broker representatives, while also properly evaluating and addressing coverage limitations and relationships arising in first-party and third-party claims. Mr. Cutbirth also regularly provides training on California’s Insurance Claims Practices Act, as well as requested updates on the handling of claim investigations, defense and defense fee auditing standards, and evaluation and participation in settlements and negotiations.
Rob’s commercial litigation practice includes the defense of local, regional and national companies with respect to employment (discrimination, harassment, wage and hour, whether class action or individual plaintiff), intellectual property (including trademark and copyright), unfair business practices (false advertising, improper pricing, trade libel, deceptive bargaining and contracting), and professional liability (attorney, broker, accountant, and miscellaneous professional liability exposures) claims. Rob has first chair trial and appellate experience within many federal and state jurisdictions, including the defense of law firms, insurance and real estate brokers, and homeowners associations, and as well as in administrative hearings and binding arbitrations.
Mr. Cutbirth also regularly serves as general counsel and corporate advisor to private companies and public agencies, providing strategic guidance and risk management/risk avoidance services in the areas of corporate and Board of Director governance and compliance, appropriate employment, cyber, and other internal policies and practices, and the negotiation and management of contracts involving goods, services, leases, and specialty agreements. He is also frequently called upon to provide internal trainings on proper business practices and standards, including recent trainings in the areas of corporate compliance with cyber security and safety protocols, and sexual harassment and anti-discrimination practices required by law. |
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- Commercial Litigation/Directors & Officers
- Coverage and Extra Contractual Liability
- Data Security, Privacy & Technology
- Education
- Employment
- Intellectual Property
- Media Liability
- Professional Liability
- Technology
- California
- Supreme Court of the United States
- United States Court of Appeals, Ninth Circuit
- United States District Court, Central District of California
- United States District Court, Eastern District of California
- United States District Court, Northern District of California
- United States District Court, Southern District of California
- J.D., University of the Pacific, McGeorge School of Law
- B.S., Southern Oregon University, cum laude
- “Handling Marijuana, Alcohol and Prescription Drugs in a Modern Workplace,” California Association of School Board Officials Northern Section Professional Development Institute (February 2018)
- "The Road Back to Work: Safer Paths to Occupational Disability Accommodations," American Public Transportation Association (APTA) Risk Management Seminar, San Diego, California (August 2017)
- "Occupational and Non-Occupational Disability Accommodations: Avoid the Risks!", Disability Management Employer Coalition (DMEC) 2017 Annual Conference, Anaheim, California (August 2017)
- "Successful Management of Risks and Responses in Return to Work and Disability Accommodation Requests in the Workplace," California State University Risk Management Conference, Sacramento, California (November 2016)
- "Identifying, Responding, and Defending Current Risks to Employers – 2016," In-House Counsel Summit (October 2016)
- "Some Current Issues All Multi-State Employers Should Address in 2016," Hot Topics in Employment & Employee Benefits Law (October 2016)
- "The Advantages and Risks of Social Networks: A Look into the Future," California Association of Joint Powers Authorities 2016 Conference, South Lake Tahoe, California (September 2016)
- "Piecing Together Data Policies That Make Sense in an Ever-Changing World, Practical Tips and Tools to Deal with Cybersecurity Challenges,” (July 2016)
- "Hidden Pitfalls in WC/Employment Law Ramifications," California Coalition on Workers’ Compensation 14th Annual Conference, Anaheim, California (July 2016)
- "Successfully Navigating the Tripartite Relationship Between Insurers, Insureds, and Defense Counsel," Professional Liability Underwriting Society Northern California Chapter Workshop, San Francisco, California (May 2016)
- "The Interactive Process in California," NonProfits United Webinar (March 2016)
- "Insurance: Buying the Right Coverage” and “Privacy and Data Security Risks: Are You Prepared? (July 2015)
- “Psychiatric and Stress Claims: How Not to Go Crazy Just Because Your Employee Did," California Public Agency Risk Management Association Statewide Conference (February 2015)
- "Managing Employer Risks, Exposures and Compliance Obligations under the Affordable Care Act – Essentials for Ensuring Compliance with Ever Changing Roles and Responsibilities," EPlace Solutions webinar (February 2015)
- "Data Security: Managing the Crisis," 2014 In-House Counsel Summit (October 2014)
- "Going Cold Turkey: Opioids, Prop. 215 and Other Drugs: Strategies to Manage and Minimize Abuse," California Public Agency Risk Management Association State Conference (February 2014)
- "Private and Confidential: What You Need to Know about HIPAA/HITECH/CMIA/CIPA, etc. in 2013," instructor/presenter (October 2013)
- "The Advantages and Risks of Social Networks and a Look into the Future," California Association of Joint Powers Authorities Annual Conference (September 2013)
- "Boot Camp: Overview of Public School Risk Management Needs and Obligations," North Bay Schools Insurance Authority Special Presentation, instructor/presenter (September 2013)
- "Jurisdictional Issues Affecting The Insurer-Insured Relationship," panelist and co-author of Associated White Paper: American Bar Association, Tort Trial and Insurance Practice Section, Semi-Annual Conference (February 2009)
- "Emerging Trends in Directors and Officers and Errors and Omissions Policies," panelist and co-author of Associated White Paper: American Bar Association, Tort Trial and Insurance Practice Section, Semi-Annual Conference (February 2008)
- "Practical Methods to Limit, Negate and Transfer Risk Exposures," California Association of Joint Powers Authorities Annual Conference (September 2007)
- "Duty to Defend," Property Liability Research Bureau, National Claims Conference (2000-2004)
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