Insurance Coverage, Intellectual Property, Technology
My client was Borland International (on numerous matters). I was specifically acting as coverage counsel in the Lotus v. Borland matter which went to the U.S. Supreme Court on “software look-and-feel copyright: issues. We spent three years negotiating the reimbursement of defense costs with Borland;s primary insurer. We ultimately negotiated a retroactive and ongoing percentage reimbursement which resulted in Borland receiving $21 million, without litigation. (Although my primary role was to act as coverage counsel for Borland, I was also involved in the underlying matter. I was the only attorney whose name was on the very first pleading ever filed (anticipatory Complaint for Declaratory Relief by Borland) and on the very last pleading ever filed in the matter (Borland’s Appeal of the Denial of Attorney’s Fees as a prevailing defendant)).