Professional Experience

Ms. Briggs’ complex business litigation practice focuses on insurance coverage and bad faith disputes.  Ms. Briggs has represented numerous policyholders, including financial institutions, large real estate entities, public retirement systems throughout California, pharmaceutical and medical device manufacturers, and nonprofit organizations in coverage disputes.  She has successfully litigated first- and third-party coverage and bad faith claims arising under commercial general liability, property, fiduciary liability, employers’ liability, and D&O and E&O policies.  She has appeared and argued before the California Court of Appeal on multiple occasions.

In addition to her litigation experience, Ms. Briggs counsels clients on the interplay between risk management, coverage, and emerging legal issues.

Education

Representative Matters

• Represented leading diversified financial services companies and largest independent broker/dealer in claim under fidelity bond, obtaining very favorable recovery for client.
• Represented former chief executive officer in class action lawsuit arising out of options backdating.  Obtained significant contribution from carriers, notwithstanding pending and concluded criminal proceedings against insured and other former officers and directors.
• Represented largest operator of ATM network in the world in obtaining full coverage for loss resulting from data breach and resulting identify theft of customer information without resorting to litigation.
• Represented owner of large, Northern California shopping center in first-party coverage dispute for property damage arising out of subsidence.  Obtained settlement in excess of policy limits.
• Represented owner of high-end commercial real estate development in Portland, Oregon in first-party coverage dispute arising out of water intrusion and related mold growth.  Obtained full recovery for client.
• Represented owner of resort in Washington in connection with coverage dispute arising under first-party policy for storm and flood-related damage and obtained nearly full recovery for client, notwithstanding flood exclusion in policies. 

Trial Court and Appellate Decisions 

• "Lexin v. Superior Court, 47 Cal. 4th 1050 (2010).  Represented sixteen California public retirement systems as amicus curiae in the state criminal conflict of interest case against several former trustees of the San Diego City Employees’ Retirement System (SDCERS).  The California Supreme Court adopted amici’s key arguments."
• Fleming Fitzgerald & Assocs. v. U. S. Specialty Ins. Co., 2008 U.S. Dist. LEXIS 76613 (W.D. Pa. 2008).  Represented policyholder and obtained partial summary judgment on reimbursement of defense fees and costs under director’s and officer’s policy.
• Krinsky v. Doe 6, 159 Cal. App. 4th 1154 (2008).  Represented anonymous Internet poster and obtained order from Court of Appeal on matter of first impression upholding client’s First Amendment rights and effectively terminating litigation against client.
• Half Moon Bay Coastside Found. v. Peninsula Humane Soc’y & SPCA, 2008 Cal. App. Unpub. LEXIS 5734 (2008).  Represented client in Public Records Act litigation that would have shut down significant portion of client’s operations.  Appellate court affirmed trial court’s order dismissing litigation against client on demurrer.
• Scognamillo v. Credit Suisse First Boston, 254 Fed. Appx. 669 (9th Cir. 2007).  Represented founder and former director of Internet company in securities fraud action.  The Ninth Circuit affirmed the district court’s order granting client’s motion to dismiss without leave to amend.
• Citizens to Enforce CEQA v. City of Rohnert Park, 131 Cal. App. 4th 1594, 1595 (2005).  Represented real party in interest and successfully demurrer to complaint in trial court.  Also obtained appellate court decision affirming trial court’s order.
• Banc of Am. Investment Services v. Plycraft Industries, 2005 Cal. App. Unpub. LEXIS 3469 (2005).  Court of Appeal affirmed trial court’s order dismissing subsequent action brought against client on basis of res judicata and waiver.
• MuscleTech Research & Dev. v. Zurich N. Am., 2004 Cal. App. Unpub. LEXIS 11916 (2004).  Obtained order reversing trial court’s erroneous decision dismissing coverage action brought by client.

Memberships & Activities

Admitted to practice in California and the United States District Courts for the Northern, Eastern, Central, and Southern Districts of California, as well as the Ninth Circuit Court of Appeals.

Member, Risk and Insurance Management Society (RIMS).

Publications

Co-author, Report of the Working Group on Negotiating Fiduciary Liability Insurance," National Association of Public Pension Attorneys (June 29, 2007).

Speaking Engagements

Speaker, "Other People's Money: Insurance in Lean Times," RIMS, Northern Nevada Chapter, Reno, NV (January 2010).

Speaker, “International Claims: A Legal Perspective,” Assurex Global Marketing and Commercial Lines Meeting, Atlanta, GA, August 2009.

Speaker, “International Claims: A Legal Perspective,” Assurex International Business Meeting, Pasadena, CA, June 2009.

Speaker, “Taking and Defending Depositions: Deposition Strategy,” Practicing Law Institute seminar, San Francisco, CA, June 2009.

Panelist, “Claims Certainty: Getting What You Paid For,” with Adrian Brennan, Partner & Claims Consultant, Echelon, Paul Wordley, Head Insurance & Reinsurance Group, Homan Fenwick Willan and Matt Vaughan, Director of Safety & Risk Management, 3Com Corporation, Global Risk Management Forum, San Francisco, CA, February 2009.

Speaker, “Unwrapping the Wrap-Up: What Every Risk Manager and Broker Should Know,” with Scott Whiteside, ARM, Executive Vice President of  Gallagher Construction Services and Ted Dann, CPA CRM, Director, Risk Management of Highwoods Properties, Risk and Insurance Management Society, Inc., San Diego, CA, Spring 2008.

Speaker, “The Past, Present and Future of Wrap-Ups,” with Scott Whiteside, ARM, Executive Vice President of  Gallagher Construction Services and Ted Dann, CPA CRM, Director, Risk Management of Highwoods Properties, Risk and Insurance Management Society, Inc., New Orleans, LA, Spring 2007.

Speaker, National Association of Public Pension Attorneys,  “Liability, Insurance and Indemnification for Public Employees,” with Gregory Smith, General Counsel, Colorado Public Employees’ Retirement Association, Vail, CO, Spring 2007.

Speaker, State Association of County Retirement Systems, “Fiduciary Liability Coverage: How Protected Are You?” Costa Mesa, CA, November 2005.