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Marc Shrake is a Partner in the Los Angeles - Downtown office of Freeman Mathis & Gary, LLP. Mr. Shrake is Co-Chair of the Firm's Insurance Coverage and Extra-Contractual Liability National Practice Section and also is Chair of the California Insurance Coverage Practice Team. Mr. Shrake has represented clients across the country in a variety of complex litigation including class claims and appeals for nearly thirty years.
Mr. Shrake's practice focuses on insurance coverage, extra-contractual liability, and reinsurance disputes and includes directors and officers claims, business torts, commercial litigation, internet commerce, intellectual property, and government/regulatory investigations.
Mr. Shrake's practice is national in scope. He handles an extensive range of insurance coverage, reinsurance, and claims-handling matters for primary and excess carriers in the domestic and London markets. He has represented insurance companies and syndicates in sophisticated coverage disputes with particular emphasis on property damage, professional liability, fiduciary matters, healthcare, Internet and financial institutions. In addition, he has acted as defense and monitoring counsel for high exposure actions against insureds.
Mr. Shrake's commercial litigation experience includes numerous complex disputes involving class action defense, RICO claims, breach of fiduciary duty actions and other business torts related to corporate disputes between shareholders and owners. He also frequently represents parties in cases concerning fiduciary obligations, compliance, and contract-based disputes, fraud/misrepresentation, trade secret misappropriation, intellectual property theft, restrictive covenant enforcement and defense, and computer fraud.
Mr. Shrake also has significant experience handling defamation and disparagement cases. In addition, he often defends professional liability cases involving accountants, attorneys, insurance agents and brokers, real estate agents, doctors and healthcare professionals and other miscellaneous professional claims.
Mr. Shrake is licensed to practice in California, Minnesota, and Texas, and he has appeared pro hac vice in numerous other jurisdictions. |
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- Appellate Advocacy
- Commercial Litigation
- Construction & Design Law
- Insurance Coverage and Extra-Contractual Liability
- Professional Liability/Errors and Omissions
- Reinsurance
- Tort and Catastrophic Loss
- California
- Minnesota
- Texas
- J.D., University of Chicago Law School, Chicago, Illinois
- B.A., College of St. Thomas, St. Paul, Minnesota, summa cum laude
- "You Acted in Bad Faith by Refusing to Settle for the Policy Limits, and Now the Policy Limits Are Open!" (co-written with Rina Carmel and Albert K. Alikin), DRI In-House Defense Quarterly, April 2018
- Avoiding the Special Relationship Zone for Insurance Brokers (co-written with Albert K. Alikin), California Asian Insurance and Financial Professionals Association (CAIFPA) Annual Magazine, March 2016
- Practice Guide — 50 States Reservation of Rights Compendium (co-written with Albert K. Alikin and Jennifer Muse), Defense Research Institute, 2014
- Appellate Dissent Maps Potential Challenge to Bad Faith Punitive Damages (co-written with Albert K. Alikin), ABA Insurance Coverage Litigation Committee, September 10, 2014
- The Causation Question in Property Insurance, New Appleman on Insurance Law, Chapter 44, August 2011
- Hurricane Storm Surges and Property Insurance: What’s the Coverage Climate? ABA Insurance Coverage Litigation Committee Hot Topics, January 2009
- The Racketeer Influenced and Corrupt Organizations Act: Standing to Bring a Civil Action, ABA’s The Briefcase, May 1994
Insurance Coverage and Litigation
- Litigating commercial property and business loss insurance coverage claims arising from fire and other industrial losses, contingency non-appearance and event cancellation, war and warlike activity, product contamination and recall, 9/11, hurricanes, earthquakes, water, wind, mold, builder’s risk, crime, and other events.
- Litigating casualty insurance coverage claims brought under general liability, employment practices liability, errors and omissions liability, health care liability, workers’ compensation, and directors and officers liability coverages arising out of technology products, employment practices, professional practices, environmental claims, advertising injury, business torts, and other claims and occurrences.
- Defending reinsurer against claims by excess insurer after two municipalities negotiated eight-figure settlement of underlying cases, including agreement on number of occurrences and apportionment of liability.
- Obtaining multimillion-dollar property insurance recovery against reinsurer in property and business loss claim following application of unapproved pesticide to raw oats used by international food company to make 55 million boxes of popular breakfast cereal.
- Defending insurance company against excess carrier’s claim of unreasonable failure to settle for policy limits following judgment of more than three times policy limit.
- Defending insurance company in lawsuit over contingency non-appearance/event cancellation insurance coverage brought by worldwide entertainment group and decedent’s estate following unfortunate death of pop star.
- Defending insurance company in lawsuit brought by leading television production company seeking business interruption coverage after moving production of TV series from Middle East based on rocket attack, army invasion, and initiation of war.
- Obtaining Missouri Court of Appeals decision affirming summary judgment for national insurance company accused of conspiring to drive public insurance adjusters out of business.
- Defending insurance broker against claims brought by named payee under property policy after insurer denied property damage claim following discovery of asbestos on building site.
- Defending insurance broker in investigation by New York Attorney General for alleged kickbacks by insurers.
- Obtaining multimillion-dollar property insurance recovery for world’s largest rubber plantation after rebels overran plantation during Liberian civil war.
- Defending home furnishings manufacturer in rescission action brought by products liability insurer following accident with manufacturer’s product.
- Obtaining multimillion-dollar recovery for large warehousing/logistics employer against workers’ compensation insurance broker for mishandling insurance placement and reporting.
Business and Commercial Litigation
- Defending national health care provider against civil RICO and fraud claims and criminal investigations for admissions and billing practices, resulting in company-saving resolutions of all actions.
- Obtaining multimillion-dollar recoveries against manufacturer and installer of hazardous building material that caused $100 million fire and destroyed steel plant.
- Winning complete defense verdict and full recovery on counterclaim for national hardware distributor against retailers claiming RICO conspiracy to drive retailers out of business.
- Obtaining multimillion-dollar recovery against staffing agency’s former officer in trade secrets lawsuit to protect client list and other confidential information.
- Obtaining summary judgment for traffic control systems supplier alleged to have infringed patent.
- Securing landmark Supreme Court of California decision on non-reviewability of arbitral awards.
- Winning summary judgment on behalf of international airport board in equal protection lawsuit by landowners seeking to block runway-expansion project.
- Negotiating multimillion-dollar settlements for former CEO, CFO, and general counsel of international bank in executive compensation dispute.
- “Is There a Target on My Back? (or, Understanding E&O and Minimizing Your Exposure),” California Asian Insurance and Financial Professional Association’s Property and Casualty Seminar, August 2011
- “The ABC’s of Insurance Coverage Claims,” Insurance broker seminar, March 2011
- “Defending Employment Litigation: Looking for Coverage in All the Right Places,” Southern California Labor and Employment Law Seminar, November 2010
- “Understanding Products Liability Insurance & Product Recall Insurance,” Client seminar, November 2010
- “The Wide, Wide World of Insurance: Recent Developments,” Insurance broker seminar, October 2007
- “Shaken, Not Stirred: Adjusting Earthquake Losses,” Client seminar, May 2006
- “Staying Out of the Thicket: California Fair Claims Settlement Practices,” Client seminar, October 2004, November 2005
- ABA Litigation Section, Insurance Coverage Litigation Committee,
Property Insurance Subcommittee, Co-Chair, 2007-present
- Loss Executives Association, Member, 2013-present
- Claims and Litigation Management Alliance, Member, 2015-present
- ABA General Practice Section, Litigation Committee, Vice-Chair, 1992-1994
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