• David B. Killalea

    Partner
    Litigation
    dkillalea@manatt.com
    Download Contact (.vcf)

    Washington
    Direct: 202.585.6555
    General: 202.585.6500
    Fax: 202.585.6600

    Education

    University of Virginia School of Law, J.D., 1988.
    Executive Editor, Journal of Law and Politics.

     

    Virginia Tech, B.A., 1985.

    Bar Admissions

    Virginia

    Washington, D.C.

    • Profile
    • Representative Matters
    • Honors & Awards
    • Publications
    • Memberships & Activities
    • Speaking Engagements

    Profile

    David Killalea is a partner in the Litigation Division in the Washington, D.C., office.  His diverse practice spans all aspects of insurance recovery, including litigation, complex multiparty negotiations and strategic counseling, as well as other civil litigation.

    Mr. Killalea represents companies large and small in securing insurance coverage for their liabilities. Such liabilities arise from claims ranging from mass torts, shareholder derivative suits and securities class actions, environmental property damage and bodily injury, advertising injury, False Claims Act, FCPA, and more.  He also represents clients in first-party property damage and business interruption claims.  His insurance recovery efforts have included litigation in state and federal trial and appellate courts, mediations, arbitrations, and complex multiparty negotiations.

    Mr. Killalea has represented debtor companies and corporate parents of debtors in several of the most hotly contested asbestos-related bankruptcy cases in the country.  He has successfully litigated complex disputes at the intersection of insurance and bankruptcy law and has secured hundreds of millions of dollars in coverage for bankruptcy debtors.

    Mr. Killalea is also an accomplished litigator outside the insurance recovery area, having successfully litigated consumer class action, antitrust, receivership, breach of contract, employment, white collar criminal, and other cases during the course of his career.

    Before joining Manatt, Mr. Killalea was a founding partner at Gilbert LLP.

    Some of Mr. Killalea's recent engagements include:

    • Recovering hundreds of millions of dollars in insurance for a large pharmaceutical company arising from asbestos-related and other products liability claims through litigation in federal and state courts, arbitration proceedings and insurer insolvency proceedings, and through complex, multiparty negotiations.
    • Representing manufacturing companies in litigation against dozens of insurers, recovering hundreds of millions of dollars of losses from toxic tort claims involving alleged environmental contamination, asbestos, silica and more.
    • Representing a national trade association sued along with several of its members in obtaining dismissal of putative antitrust class action.
    • Representing companies faced with securities and other litigation in recovering insurance proceeds from their insurers under D&O and other policies.
    • Winning landmark bankruptcy ruling holding that insurers have limited standing to seek discovery and object to the policyholder's bankruptcy plan.
    • Assisting bankruptcy debtors, through negotiation and litigation, in transferring insurance assets to the benefit of creditors, over insurers' objections, so the debtors can emerge successfully from bankruptcy. 
    • Serving as lead insurance litigation counsel for an asbestos defendant, securing an approximately $450 million settlement from a single insurer after extensive state and federal court litigation, bankruptcy litigation, arbitration, mediation, and unmediated negotiations involving numerous parties. 
    • Serving as lead insurance litigation counsel for a post-bankruptcy trust, securing hundreds of millions of dollars from a single insurer. 

     

    Representative Matters

    Honors & Awards

    Selected, SmartCEO Washington Power Player of the Year (2014).

    Publications

    "Insurance Coverage for FCPA Investigations," Executive Counsel Magazine, October/November 2012.

    "Be Careful What You Wish For, You Might Just GIT It," Law 360, June 7, 2011.

    Quoted in media, such as "Business Interruption Insurance Claims Loom After Sandy," USA Today, October 31, 2012.

    Memberships & Activities

    Admitted to practice in the District of Columbia and Virginia.

    Speaking Engagements

    Asbestos Bankruptcy Conference, Perin Conferences, Chicago, IL, June 20, 2011.

    Andrews Asbestos Litigation Conference 2010: Insurance Issues, New Orleans, LA, October 28-29, 2010.