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David Allan Gauntlett
About David
Biography
David Gauntlett, principal of Gauntlett & Associates, is a preeminent authority in policyholder in coverage disputes for IP, antitrust, securities, and other business torts. He authored the IP Attorney’s Handbook for Insurance Coverage in Intellectual Property Disputes (ABA, 2010) as well as a contributing author for New Appleman on Insurance Law Library Edition chapter on “Intellectual Property Insurance” (LexisNexis 2011) and the New Appleman Insurance Law Practice Guide, “Understanding Intellectual Property Insurance” (LexisNexis 2009).
Practice Areas
3
Practice Areas
Fees and Rates
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Chat withLicenses
Licensed in California for 45 years
State: California
Acquired: 1980
No misconduct found
Location
Gauntlett & Associates
18400 Von Karman Avenue, Ste 300, Irvine, CA, 92612
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Experience
Honors
2011
Southern California Super Lawyer, Super Lawyers
2010
Southern California Super Lawyer, Super Lawyers
2009
Southern California Super Lawyer, Super Lawyers
Work Experience
1995 - Present
Owner, Gauntlett & Associates
1986 - 1995
Partner, Callahan & Gauntlett
1980 - 1986
Associate, Paul Hastings
Associations
2010 - Present
ABA Corporate IP Management CommitteeVice-Chair
2008 - Present
ABA Section of LItigation, Insurance Coverage Committee, Advertising/IP Sub CommitteeCo-Chair
State Bar of California
Member
Orange County Bar Association
Member
American Bar Association
Member
Intellectual Property Committee; Tort & Insurance Practice Session
Member
Orange County Patent Law Association
Member
Sample of Legal Cases
Michael Taylor Designs, Inc. v. Travelers Property Cas. Co. of America, 761 F.Supp.2d 904 (N.D. Cal. 2011)
Successful Summary Judgment
CGS Industries, Inc. v. Charter Oak Fire Ins. Co., __F. Supp. 2d__, 2010 WL 4720320 (E.D.N.Y., Nov. 16, 2010)
Successful Summary Judgment
JACO Environmental, Inc. v. American Int'l Spec. Lines Ins. Co., No. C09-0145JLR, 2010 WL 807441 (W.D. Wash. March 9, 2010)
Successful Summary Judgment
Infor Global Solutions (Michigan), Inc. v. St. Paul Fire & Marine Ins. Co., 686 F. Supp. 2d 1005, 1007 (N.D. Cal. 2010)
Successful Summary Judgment
Total Call Int'l, Inc. v. Peerless Ins. Co.,104 Cal. Rptr. 3d 319, 327 (Cal. Ct. App. (2d Dist.) 2010)
Successful Appeal
State of California v. Continental Ins. Co., 88 Cal. Rptr. 3d 288 (Cal. Ct. App. (4th. Dist.) 2009)
Successful Appeal
Basic Research, LLC adv. Mary Tompkins, No. Civ. S-08-244 LKK/DAD, 2008 WL 1808316 (U.S.D.C. (E.D. Cal.) April 22, 2008)
Successful Summary Judgment
Indian Harbor Ins. Co. v. Hartford Cas. Ins. Co., No. B192829, 2007 WL 2955564, at *7 (Cal. Ct. App. (2d Dist.) Oct. 11, 2007)
Successful Appeal
Norwalk Distributors, Inc. v. OneBeacon Ins. Co., No. SACV 04-533 DOC (U.S.D.C., C.D. Cal. July 13, 2004)
Successful Summary Judgment
Hewlett Packard Co. v. ACE Property & Casualty Co., No. C 99-20207 JW, *4-5 (U.S.D.C., N.D. Cal. Nov. 23, 2003)
Successful Summary Judgment
Basic Research, LLC adv. Teachers for Truth in Advertising, No. 8395 (Ca. Superior Court, Mariposa County)
Successful Summary Judgment
Lockwood Int'l, B.V. v. Volm Bag Company
Successful Summary Judgment
American States Ins. Co. v. Hayes Specialties, Inc.
Successful Summary Judgment
COMSAT Corp. v. St. Paul Mercury Ins. Co.
Successfully obtained insurance coverage
Fonovisa, Inc. v. Cherry Auction
Successful Appeal
Education
1979
University of California at Berkeley, Boalt Hall School of Law
JD - Juris Doctor
1976
University of California - Irvine
BA - Bachelor of Arts
Speaking Engagements
2011
Insurance Law Section Meeting
"Insurance Coverage for Business Torts"
2011
Insurance Coverage Litigation Annual Meeting
"What Companies Don't Know They Don't Know About Insurance Coverage for Business Torts"
2011
AIPLA 2011Spring Meeting
"What are 'suits' that trigger insurance coverage under a commercial general liability policy - ADR proceeding (e.g., mediation, arbitration)?
2010
OCBA Insurance Law & Intellectual Property /Technology Law Meeting
"Hot Topics in Advertising Injury Coverage"
2010
Joint Teleconference Presentation for the ABA Section of Litigation
"Coverage Missing or Uncovered: Risk Management and Coverage for Business Torts and Other Exotic Claims"
2010
Intellectual Property Owners Association Teleconference
"Insurance Recovery for False Patent Marking Claims"
2009
NYSBA Intellectual Property Law Section Fall Meeting
"Insurance Issues on IP"
2009
2009 ABA Section of Litigation ICLC CLE Seminar
"Right To Independent Counsel and It’s Application in Different Forums and to a Variety of Issues"
Publications
2010
Tort Trial and Insurance Practice Law Journal
Recent Developments in Insurance Coverage Litigation
2010
American Bar Association publication
IP Attorney's Handbook for Insurance Coverage in Intellectual Property Disputes
2001
Journal of the American Corporate Counsel Association
Tort Claims and Insurance in Cyberspace: Is Your Company Covered?,
2001
International Technology Law Review
Cover Yourself with Internet Insurance
2000
IP Litigator
Potential "Advertising Injury" Coverage for "Offer for Sale" and "Inducement" of Patent Infringement Claims
2000
New Matter, Vol. 25, No. 3/4
Intellectual Property Cases Under "Advertising Injury"/"Personal Injury" Coverage and Its Implications for E-Commerce
1999
Aspen Publications
Insurance Coverage of Intellectual Property Assets
1994
Business Insurance Law, Matthew Bender & Co., Inc
Insurance Coverage for Intellectual Property Lawsuits, Ch. 18,
1994
Intellectual Property Counseling and Litigation, Matthew Bender & Co., Inc., Vol. 2
Insurance Coverage for Intellectual Property Lawsuits, Ch. 29
1993
Mealey's Litigation Reports
Recent Developments in Insurance Coverage of Intellectual Property Lawsuits
1992
Practical Lawyer
Establishing Intellectual Property Defense Coverage
1992
Unknown
Insurance Coverage of Intellectual Property Lawsuits -- An Overview For Intellectual Property Practitioners and Corporate Counsel
1991
R & D Strategist
Insurance Coverage for Intellectual Property Lawsuits
1979
Wellenkamp v. Bank of America, 67 Cal.L.Rev. 886,
Invalidation of Automatically Enforceable Due-on-Sale Clauses
N/A
Insurance of IP Assets
A Primer on Insurance Coverage Law, and Intellectual Property Claims Under Commercial General Liability Policies (Contributing Author)
Languages
English
French