John D. Hughes Edwards Wildman Palmer LLP Partner Boston +1 617 951 3373 [email protected] John practices business litigation and has extensive trial and appellate experience Areas of Practice in courts throughout the country. He assists liability insurers with complex claims Complex Litigation and coverage matters. He also represents insurers in coverage and bad faith litigation in state and federal courts. Many of his engagements have concerned Insurance & Reinsurance financial institutions, particularly banks, investment advisers, mutual funds, venture Securities Litigation capital, private equity and hedge funds, and insurance and securities brokers. Coverage & Claims These cases have involved claims under ERISA, the Investment Company and White Collar & Government Investment Advisers Acts of 1940, federal and state securities laws and state law Enforcement on negligence and breach of fiduciary duty. Complex Commercial Litigation In addition, John represents property and casualty insurers with respect to large Insurance & Reinsurance exposure, complex claims. These have involved the successful resolution of Litigation allocation, aggregation and equitable contribution issues. Education John has been named a "New England Super Lawyer" and a "Massachusetts Super Suffolk University Law School, Lawyer" by Law & Politics magazine in 2007, 2008, 2009, 2011 and 2012. John has J.D. also achieved an AV Preeminent peer review rating by Martindale-Hubbell, in which John’s peers rank him at the highest level of professional excellence and has is cum laude recognized in the The International Who’s Who of Insurance & Reinsurance Columbia University, A.B. Lawyers 2014. Bar Admissions Notable Experience Massachusetts New York John is actively involved in the representation of liability insurers in coverage litigation throughout the country in state and federal courts, Memberships including bankruptcy courts. American Bar Association Boston Bar Association He has represented investment advisers in fee dispute litigation under the Massachusetts Bar Association Investment Advisors Act of 1940 and state law. Professional Liability Underwriters Society John litigates accounting malpractice cases, including both audit and tax Fellow in The Fellows of the preparation services, in state trial and appellate courts throughout the American Bar Foundation country. He continues to represent employers in employment discrimination cases in state and federal courts throughout the country. Representative Decisions Morgan Fuel & Heating Co. v. Lexington Ins. Co., et al., No. 272/11 (Sup. Ct., Dutchess Cty., Dec. 21, 2011), aff’d, 2013 WL 1811259 (2d Dep’t 2013) (summary judgment for insurers in a dispute concerning the scope of coverage afforded by the insuring agreement of certain CGL policies and application of the policies' workers' compensation exclusion). John D. Hughes Roman Catholic Diocese of Brooklyn v. National Union Fire Insurance Company of Pittsburgh, PA, 87 A.D. 3d 1057, 930 N.Y.S. 2d 215 (2d Dep't 2011). XL Specialty Insurance Co. v. John D. Agoglia, et al., 2009 U.S. Dist. LEXIS 16244 (S.D.N.Y. Mar. 2, 2009). Millennium Partners, L.P. v. Select Insurance Company, 68 A.D.3d 420, 889 N.Y.S.2d 575 (1st Dep't 2009). Finn v. National Union Fire Inc. Co. of Pittsburgh, Pennsylvania, 452 Mass. 690, 896 N.E.2d 272 (Mass. 2008). GE HFS Holdings, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 520 F. Supp. 2d 213 (D. Mass. 2007). Recent Speaking Engagements and Publications "In NHL Concussion Row, Insurers To Zero In On Violence," quoted, Law360, April 22, 2014. "Key Considerations under New York Insurance Law § 3420(d)(2)," February 26, 2014. "Director Liability & Financially Distressed Companies in Turkey: Turkish Regime Far More Stringent than Corresponding Rules in the US and UK," co-author, Edwards Wildman Client Advisory, February 2014. "Investment Advisers, Watch Your Backs", author, Law360, January 15, 2014 "Q&A: Liability Insurance Implication for Admitting Wrongdoing in SEC Settlements," quoted, Insurance Journal, December 11, 2013. “Private Equity Fund Structure: Current Topics and Trends,” speaker, Edwards Wildman seminar, December 6, 2013. "Supreme Court Haliburton ruling could reshape D&O liability insurance market," quoted, Business Insurance, December 1, 2013. “Insurer’s Duty to Settle Notwithstanding Coverage Defenses,” speaker, Edwards Wildman seminar, November 26, 2013, March 14, 2014; March 20-21, 2014; April 8, 2014. "E&O and Fiduciary Liability Coverage: What Financial Institutions, Carriers, Brokers and Counsel Now Need to Know in Today’s Competitive Market," panelist, ACI's 2nd National Advanced Forum on Financial Institutions Insurance, New York, NY, November 21-22, 2013. “Mergers and Acquisitions Developments and Their Effect on Coverage and Claims,” panelist, American Conference Institute's 17th Forum on D&O Liability, New York, NY, October 21-22, 2013. John D. Hughes "SEC's Admissions Of Wrongdoing Policy: Boon For Insurers?," author, Law360, October 9, 2013. "Developments in D&O Insurance: Increased Demand from Nonprofit Organizations," speaker, Edwards Wildman Video, October 8, 2013. "Claims Issues: A Shifting Liability Landscape," panelist, Advisen Management Liability Insights Conference, New York, September 25, 2013. “Shareholder Derivative Litigation: A Primer for Insurance Coverage Counsel and Other Lawyers, Too,” co-author, The Brief, August 2013. "Issue Spotting the Marathon Bombings," co-author, Claims Management Magazine, May 7, 2013. "Occurrence and Allocation Issues under GL Coverage," speaker, Edwards Wildman seminar, April 12, 2013. “Fundamentals of, and Insurance Coverage for, Merger Objections Suits: The Basics,” speaker, Edwards Wildman seminar, New York, NY, March 27, 2013, April 9, 10, 11 and 25, 2013, June 25, 2013, July 17, 25, 2013, August 20, 2013. "Occurrence and Allocation Issues in Cases Involving Intentional Conduct," co-author, Insurance Coverage Litigation, American Bar Association, February 26, 2013. "Directors and Officers Insurance: An International Perspective," moderator, Edwards Wildman Seminar, February 5, 2013. “Shareholder Derivative Litigation: A Primer for Insurance Coverage Counsel,” co-author, Edwards Wildman White Paper, December 2012. "Mo. Issues Rare Ruling Denying Sex Abuse Coverage To Church," quoted, Law 360, November 30, 2012. "LIBOR Litigation: Spotlight on Insurance Coverage," speaker, Edwards Wildman Insurance and Reinsurance Webinar, November 15, 2012. "How Can Hedge Fund Managers Capture the Upside of ERISA Investments While Mitigating Costs Related to Potential ERISA Liability?" quoted, Hedge Fund Law Report, August 23, 2012. "LIBOR Litigation Spotlight on Insurance Coverage," speaker, Edwards Wildman seminars, August 9, 2012 and September 11, 12, 19, 20 and 21, 2012, April 25, 2013. "Directors and Officers Insurance: An International Perspective," moderator, Edwards Wildman seminar, New York, NY, February 7, 2012. "Comprehensive General Liability", speaker, Edwards Angell Palmer & Dodge seminar, New York, NY, September 16, 2011. John D. Hughes "Recent Developments in Excess Insurance, Surplus Lines Insurance, and Reinsurance Law," co-author, Tort-Trial and Insurance Practice Law Journal, Winter 2011. "FDIC Renews Pursuit of Claims Against Directors and Officers of Failed Banks," co-author, PLUSweb Journal, Issue XXIV, Volume 5, May 2011. "Effects of an Insured's Insolvency and Bankruptcy on Coverage for Construction Defect Claims," speaker, Edwards Angell Palmer & Dodge seminar, December 10, 2010, March 24, 2011. "What's Happening in Claims? A review of development in the US and Europe," speaker, Edwards Angell Palmer & Dodge seminar, November 22, 2010. "New Wave of ARS Derivative Suits Will Need To Overcome The Business Judgment Rule," co-author, Securities Law360, November 2010. "Emerging Patterns in Financial Institution Claims," speaker, Edwards Angell Palmer & Dodge seminar, November 2, 2010, March 24, 2011. "E&O/FI Coverage and Claims: Current Topics and Trends in Errors and Omissions Coverage Issued to Financial Institutions," speaker, Edwards Angell Palmer & Dodge seminar, July 22, 1010, June 17, 2010, May 26, 2010, May 14, 2010, February 18, 2010, April 21, 2011. "Keeping Your General Partners Out of Hot Water," speaker, Boston Bar Association, May 12, 2010. "Accountants," co-author, Massachusetts Expert Witnesses Manual, May 2010. "Directors and Officers Liability: an International Perspective," speaker, Edwards Angell Palmer & Dodge seminar, London, April 13, 2010. "Directors and Officers Liability: An International Perspective," speaker, Edwards Angell Palmer & Dodge seminar, February 2, 2010. Besides Edwards Wildman John is a member of the Union Boat Club and sits on the Advisory Board of Greater Boston Catholic Charities. John is also a Fellow of the American Bar Foundation. Jonathan W. Young Edwards Wildman Palmer LLP Partner Chicago +1 312 201 2662 [email protected] Jonathan Young is a partner in the Restructuring and Insolvency Group of Edwards Areas of Practice Wildman. A skilled and creative restructuring attorney, Jonathan is equally adept in Restructuring & Insolvency the litigation, transactional, and counseling aspects of his practice. He regularly Commercial Litigation appears on behalf of his clients in federal, state, and bankruptcy courts throughout Municipal Insolvency and the country. He is experienced in the interplay between the Bankruptcy Code and Chapter