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REPRESENTATIVE EXPERIENCE

Steven P. Wright

Representation of Rhode Island Resource Recovery Corporation (“RIRRC”), the quasi-public agency responsible for the solid waste disposal for the State of Rhode Island, in multiple actions against various entities arising from widespread corruption involving the former commissioners and executives of the corporation. These various actions have been favorably resolved for RIRRC and have resulted in the recovery of approximately $17 million from a variety of sources.
Lead trial counsel for a national bank in litigation concerning construction loans and personal guaranties. Judgment in favor of the bank in the amount of $14 million, plus interest and attorneys’ fees. Affirmed on appeal to the Massachusetts Appeals Court.
Lead counsel for telecommunications company in a lawsuit in the U.S. District Court for the Southern District of New York to enforce obligations under an asset purchase agreement. The action concluded within four months of filing the complaint with the recovery of the entirety of the amount owed and attorneys’ fees.
Representation of closed-end mutual funds in derivative action brought in the Business Litigation Session of the Superior Court of Massachusetts against funds, trustees and adviser arising out of redemption of auction rate preferred securities. The action concluded with dismissal of all claims.
Counsel to mutual fund complex and related defendants in putative class action brought in the U.S. District Court for the District of Massachusetts. The class action alleged various claims, including breach of fiduciary duty and claims under the Investment Company Act based on alleged failure of funds to participate in securities class actions in which the funds were putative members. The action was resolved within months of filing after the court granted defendants’ motion to dismiss on all claims.

Insurance Coverage Litigation

Successfully argued motion for judgment on the pleadings for vacuum manufacturer, which established coverage for defense of false advertising claims and attendant patent infringement and claims under commercial general liability insurance policies. Indian Harbor Ins. Co. v. SharkNinja Operating LLC, No. N20C-02-014 PRW CCLD (Del. Super. Ct. Nov. 19, 2020).
Lead appellate 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 case resulted in the Massachusetts Supreme Judicial Court unanimously overruling the trial court and finding that insurers breached their duty to defend in a case of first impression, Holyoke Mut. Ins. Co. v. Vibram USA, Inc., 106 N.E. 3d 572 (Mass. 2018).
Representation of the Massachusetts Turnpike Authority against property insurers to successfully recover repair costs associated with the ceiling collapse in the Central Artery and Third Tunnel Project, or “Big Dig” project in Boston.
Counsel to network communications company in litigation involving coverage under primary and excess D&O policies, for costs incurred defending against various actions brought by the Securities and Exchange Commission. This action ultimately concluded with settlements in excess of $50 million.
Trial counsel for an agricultural cooperative and food processing corporation in litigation to recover defense costs under a commercial general liability policy. Matter settled after jury verdict secured in Massachusetts Superior Court in favor of policyholder.
Representation of a multi-tier marketing company in litigation involving recovery of defense costs under D&O policy. Settlement resulted in recovery of defense costs for civil and administrative proceedings and costs of settlement of underlying claims.
Lead counsel for composite decking manufacturer in connection with insurance coverage dispute with manufacturer’s commercial general liability insurers. Representation resulted in favorable settlement for policyholder and contemporaneous settlement of underlying matter after defeat of insurers’ motions for summary judgment.

Insurance Coverage Negotiation and Counseling

Counsel to mutual fund complex in connection with various insurance coverage disputes under D&O and E&O policies.
Representation of various hedge funds and mutual fund complexes in connection with procurement of D&O, E&O and cyber liability policies.
Counsel to investment adviser in connection with successful settlement of trade error claim under “Cost of Corrections” coverage of E&O policy.
Representation of Clinical Research Organization in connection with professional liability insurance coverage issues arising out of significant client claim.
Counseling on a wide variety of cyber insurance matters, including policy review and renewal issues and claims assessment issues, in the investment management, accounting, real estate, banking, manufacturing and retail industries.
Representation of a technology company in connection with denied coverage claims under an E&O policy. The settlement of this matter covered the entirety of more than $1 million of defense costs incurred in the underlying matter.
Counsel for nonprofit resulted in coverage for defense costs and investigation costs in excess of $2 million under the company’s D&O policy prior to initiation of coverage litigation.
Representation of Defense Contractor in connection with E&O, D&O, and property insurance issues, including claims, renewals and captive insurance issues.
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