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James E. Scheuermann

Senior Of Counsel
+1.412.355.6215
Fax +1.412.355.6501
Mr. Scheuermann advises and litigates on behalf of major corporate enterprises faced with strategic litigation challenges. In this role, he develops, coordinates and implements larger strategic responses to such challenges. He has been involved in every aspect of litigation, from initial client consultation through mediation, arbitration, settlement, trial, and appeals. He practices, and has practiced, actively in federal and state and trial and appellate courts throughout the country and in U.S.-based and London-seated arbitration proceedings.

One of his areas of emphasis is litigation and counseling on insurance coverage matters, which includes litigating, counseling on, and negotiating numerous complex insurance coverage matters involving employment-related claims, advertising injury claims (including coverage for IP claims), directors and officers coverage, construction claims, toxic tort claims, environmental claims, property damage claims, credit risk claims, lending discrimination claims, employers’ liability claims, and novel deal-related reinsurance matters. Additionally, Mr. Scheuermann has counseled and mediated a wide variety of cyber insurance matters in the healthcare, biomedical testing, electronic billing and payments, energy, utility, entertainment, metals manufacturing, raw materials mining and manufacturing, professional sports, “smart” consumer devices, investment advisors, real estate, software, and professional services industries.

Mr. Scheuermann has been selected by his peers for inclusion in The Best Lawyers in America, 19th, 20th, 21st, 22nd, 23rd, 24th, 25th, and 26th editions (2013–20).

Professional Background

Mr. Scheuermann has also addressed various professional congregations on insurance coverage topics, including: “Cyber Risk Management and Cyber Insurance,” K&L Gates GC University, Pittsburgh, PA (May 2018); Cyber Risks, Systemic Risks, and Cyber Insurance, presented to the Insuring Against Cyber Risk: The Evolution of an Industry, Penn State Law Review conference, Pittsburgh, PA (Apr. 2018); Smart Strategies for Buying & Using Cyber Insurance,” panel discussion, Real Estate Services Providers Council, Phoenix, AZ (Apr. 2018); Cybersecurity & Cyber Insurance, K&L Gates Under the Wire Conference, Chapel Hill, NC (Feb. 2018); Cyber Insurance: Real Coverage or Swiss Cheese? (panel discussion), K&L Gates conference, A GC’s Primer on Privacy and Cybersecurity, Chicago, IL (Jan. 2018); Cybersecurity and the Life Cycle of a Data Breach (panel discussion), Consumer Financial Services Symposium, Washington, DC (Dec. 2017); Investment Adviser Association, panel on cybersecurity and cyber insurance, New York City (Nov. 2017); Dallas CFO Roundtable, panel discussion on cyber insurance (Oct. 2017); K&L Gates Triage: Cyber Insurance Issues for the Healthcare Industry, podcast with John Hardin (Sept. 2017); Cybersecurity and Cyber Insurance: It Can Happen Here, K&L Gates webinar (May 2017); The Artificial Intelligence Gateway For the Investment and Business Community, K&L Gates conference (Mar. 2017); Smart Contracts for Smart People and Applications in the U.S. Energy Industry (Mar. 2017); Insurance Coverage for Cyber Risks, presented to the Cracking the Code: Cybersecurity for Tomorrow conference, Pittsburgh, PA and 10 other U.S. cities (Nov. 2016); Fiduciary Liability Insurance: Assessing Current Coverage and Future Needs (presentation as part of a panel), Minimizing Legal Risks in the Design, Implementation, & Administration of Employee Benefit Plans, American Conference Institute, New York, NY (2015); the Strafford webinar on Liability Insurance for ERISA Plan Sponsors: Maximizing Coverage Under Employee Benefits and Fiduciary Liability Policies (2015); the Strafford webinar on Advertising Injury Coverage for False Advertising, Product Disparagement and IP Disputes (2014); the Perrin Conference, Emerging Insurance Coverage and Allocation Issues (Philadelphia, PA, 2013); the ABA, TIPS Section, Insurance Coverage Litigation Committee Midyear Program (Marina Del Rey, CA, 2008).

Mr. Scheuermann has been a partner in K&L Gates’ Pittsburgh office since 1997, and was previously an associate with the firm since 1989. Prior to attending law school, he was an Adjunct Assistant Professor of Philosophy at Carnegie-Mellon University.

Professional/Civic Activities

  • Allegheny County Bar Association
  • American Bar Association
  • American Arbitration Association Roster of Neutrals: Commercial, Insurance
  • London Court of International Arbitration: listed in the database of arbitrators.

Speaking Engagements

  • Principal Issues in Securing Insurance Coverage for Employment-Related Claims Under EPLI Policies, 16th Annual Insurance Coverage Litigation Committee Midyear Program: Testing the Waters: Discovering the Latest Currents in Insurance Coverage Law, February 2008

Additional Information

Publications
  • “Where’s the Intent in the New Restatement of the Law, Liability Insurance?” 54 TORT TRIAL & INS. PRACTICE L. J. 125 (Winter 2019)
  • “Fortuity, Intent, and Causation in Liability Insurance Law,” 9 ELON L. REV. 329 (May 2017)
  • “Out-of-Network, Out of Luck? Not Necessarily” (co-authored with Lauren Garraux), published in Law360’s Employment, Health, and Insurance electronic newsletters (June 2, 2015)
  • “Insurance Coverage for Internet Copyright Claims,” (co-authored with Lucas Tanglen), Insurance Coverage Law Rep. 7 (May 2013), reprinted from “The 11th Circuit Finds Insurance Coverage for Internet Copyright Claims” (co-authored with Lucas Tanglen), K&L Gates Legal Insight (Feb. 2013)
  • "Recent Employment Practices Liability Insurance Coverage Litigation," Mealey's Litigation Report: Employer Liability Insurance, November 2002
  • “The Employment-Related Practice Exclusion: An Absolute Bar to Coverage? Absolutely Not” (co-authored with Mark A. May), American Bar Association Section of Litigation, Insurance Coverage Litigation Committee, Midyear Meeting, 2001 (collected papers from the conference of the same name)
  • “Causation in Insurance Law: Black-Letter Rules and Standard Form Policy Exclusions” (co-authored with John T. Waldron, III), 1 J. OF INS. COV. 68 (No. 3), Summer 1998; reprinted in Insurance Law 1999: Understanding the ABCs (Eileen M. Dacey, ed., Practising Law Insti. 1999)
  • "Antitrust Resurrected - With a Fury," Antitrust & Trade Regulation Update, July 1999
  • "Promoting Competition, Protecting Consumers: A Plain English Guide to Antitrust Laws," originally published by the Federal Trade Commission, December 1998
  • "Provider Networks: Withstanding Antitrust Inquiry," Health Care Law Monthly, December 1998
  • "Fortifying the Breach in the Noerr-Pennington and State Action Defenses," Antitrust Report, October 1998
  • "The ‘Takings’ Limit to Deregulatory Enthusiasm," XII Public Utility Law Newsletter 3, PA Bar Ass’n, September 1998
  • "Third Circuit Finds No Antitrust Injury in Electric Utilities' Merger," Antitrust & Trade Regulation Update, July 1998
  • "The Narrow Parameters of the Employment Exclusion," The John Liner Review, Fall 1997
  • "Employers’ Liability and Errors and Omissions Insurance Coverage for Employment-Related Claims," 18 Western New England Law Review 71, 1996
  • "Liability Insurance Coverage for Employment-Related Claims," 11B Law of Liability Insurance, 1995
  • “Insurance Coverage for Employment-Related Claims,” 28 TORT & INSURANCE L. J. 778 (1993)
Insurance coverage experience includes:
  • lead counsel for policyholder in advertising injury coverage action involving the use of a deceased athlete’s name to advertise and market running shoes and apparel; the Massachusetts Supreme Judicial Court decided unanimously in favor of our client in this case of first impression, Holyoke Mut. Ins. Co. v. Vibram USA, Inc., 106 N.E. 3d 572 (Mass. 2018)
  • lead counsel for the policyholder in a confidential London-seated arbitration under Bermuda form policies for employment-related claims; the matter concluded after a two-week evidentiary hearing and a favorable arbitrators’ award
  • lead policyholder counsel in an employment coverage action filed in New Jersey by a large New York financial institution against 30 of its historical liability insurers. That action produced, among other significant legal rulings, the first decision in an insurance coverage case in which the court applied section 187 of the Restatement (Second) of Conflicts of Laws and held that the law governing an insurer’s policies was to be determined according to that insurer’s prior course of dealings with the insured
  • securing coverage for defense and indemnity in complex antitrust and unfair competition action involving allegations of product disparagement
  • counseling on and negotiating coverage issues for bodily injury claims arising out of the 9/11 terrorist attacks