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I have tried nearly fifty jury trials in my career. My practice focuses on insurance coverage, business torts, and white collar criminal defense. My experience before joining Pestotnik LLP includes litigating complex business litigation matters with a large national firm and prosecuting white collar crimes as a Deputy District Attorney. I have represented mutual funds, corporations, Native American tribes, law firms, accounting firms, small businesses, and individuals as both plaintiffs and defendants in a variety of high-stakes disputes.
In the area of insurance coverage, I have represented policyholders and other insureds in coverage disputes and civil actions alleging bad faith on the part of the insurer. These disputes have involved a variety of different insurance policies, including directors and officers liability (“D&O”), errors and omissions (“E&O”), commercial general liability (“CGL”), title insurance, and uninsured/underinsured motorist (“UM/UIM”) coverage. My current focus is cyber liability insurance coverage.
I have also represented individuals and businesses in numerous civil actions alleging business torts, including securities fraud, fraudulent misrepresentation, conspiracy, breach of fiduciary duty, and violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”).
In the area of white collar criminal defense, I have represented individuals investigated for and charged with white collar offenses, including insider trading, securities fraud, health care fraud, and embezzlement. I have also conducted internal investigations for businesses seeking to discover and remedy criminal or regulatory violations.
I received a peer review rating of “AV Preeminent” through Martindale Hubbell and was previously recognized as a “Rising Star” by the Super Lawyers publication. I am admitted to practice in California, New York, and Colorado.
Specialties: Insurance coverage and bad faith, business torts, and white collar criminal defense.
|Award name||Grantor||Date granted|
|AV Peer Review Rating||Martindale-Hubbell||2012|
|Counsel||Greenberg Gross LLP||2013 - Present|
|Of Counsel||Davis & Ceriani, P.C.||2011 - 2013|
|Of Counsel||Jacobs Chase LLC||2010 - 2011|
|Deputy District Attorney||Denver District Attorney's Office||2005 - 2010|
|Associate||Arnold & Porter, LLP||2001 - 2005|
|Law Clerk to Justice Nathan B. Coats||Colorado Supreme Court||2000 - 2001|
|Association name||Position name||Duration|
|Association of Business Trial Lawyers (San Diego chapter)||N/A||2015 - Present|
|San Diego County Bar Association||N/A||2015 - Present|
|Consumer Attorneys of San Diego||N/A||2015 - Present|
|Federal Bar Association (San Diego chapter)||N/A||2015 - Present|
|San Diego Criminal Defense Bar Association||N/A||2015 - Present|
|United States v. John Johnson||Guilty plea with sentence of time served and two years of supervised release.|
|Bill S. Wolfkiel v. The Altus Group, Vern D. Kornelsen and M. Elaine Kornelsen||Judgment in favor of Defendants on all claims.|
|Gregory Toy v. American Family Mutual Insurance Company||Settled for confidential amount.|
|See all legal cases|
|Daily Journal||Tipping Friends Without Benefits -- Will the U.S. Supreme Court Clarify The “Personal Benefit” Element of Insider Trading Liability After United States v. Newman?||2015|
|L.A. Daily Journal||Why the Supreme Court Denied Certiorari in United States v. Newman and What to Expect Next||2015|
|Orange County Business Journal||Lessons From a $50 Million Counterpunch||2014|
|University of Colorado Law Review||Three Strikes and You're Out of Constitutional Rights? The Prison Litigation Reform Act's "Three Strikes" Provision and Its Effect on Indigents||2000|
|University of Colorado School of Law||Law||J.D.||2000|
|Fordham University||International Studies||B.A.||1996|
|Roundtable Discussion: Hartford Cas. Ins. Co. v. J.R. Mktg., L.L.C., 61 Cal. 4th 988 (2015)||Roundtable Discussion Re: Insurer's Ability to Recover Excessive Attorney Fees from Cumis Counsel Following Hartford Cas. Ins. Co. v. J.R. Marketing||2015|
|Cyber Insurance Coverage 101||Cyber Liability Insurance Coverage||2015|
|2015 Insurance Bad Faith Seminar||Strategies for Effective Rule 30(b)(6) Depositions of Insurance Companies||2015|