Max H. Stern is co-head of the Insurance division of Duane Morris' Trial Practice Group. Mr. Stern is a trial and appellate lawyer practicing in the area of civil litigation, with an emphasis on a result-oriented approach to complex disputes. He has represented plaintiffs and defendants in suits involving issues of contract, real estate, business tort and consumer class actions. Mr. Stern has tried cases before juries, judges and arbitration panels, and he has argued both state and federal appeals.

Mr. Stern devotes part of his practice to litigation and counseling services for the insurance industry. He has handled matters in various lines, including general liability, specialty liability, professional liability, excess liability, workers' compensation, property, and personal accident. He provides oversight counsel for clients at a regional or nationwide level with respect to issues of coverage, claims handling, litigation management and corporate risk. He has extensive experience in insurance-related litigation, including coverage, bad faith, subrogation and contribution, reinsurance and regulatory disputes, and he has defended insurers in some of the largest-dollar jury trials in California and Oregon.

Mr. Stern was recently named as one of "The Best Lawyers in the Bay Area: Appellate" by Bay Area Lawyer Magazine.

Mr. Stern is a 1991 cum laude graduate of Harvard Law School and a cum laude graduate of Princeton University.

Representative Matters

Business Litigation

Successfully represented group of franchisees against $95 million class action after substituting in to oppose terminating sanctions motion (granted against co-defendant), eventually obtaining dismissal of entire action.
Successfully obtained summary judgment and affirmance on appeal of business sued for liability in devastating injury to police officer.
Successfully represented a Fortune 500 company in prosecuting lost profit claims arising from a $150 million acquisition agreement, obtaining settlement in excess of component purchase price.
Successfully represented client in an industry-wide class action, obtaining approval of settlement for the smallest share of claimed damages of any industry participant.

Real Estate Litigation

Successfully represented client in defending breach of lease claims for a facility that was shut down, obtaining dismissal without any payment.
Successfully prosecuted a multimillion-dollar mold claim for a property owner.
Successfully obtained recovery for high-end homeowner in nondisclosure case.
Successfully resolved many real estate contract disputes.

Insurance Litigation

Obtained judgment of no coverage, affirmed on appeal, on class action complaint brought on behalf of all California insureds, seeking coverage under specialized liability policies for new wave of lawsuits brought against all California insureds.
Successfully represented many insurance industry clients in monitoring coverage and in coverage lawsuits involving intellectual property, employment, professional liability, serious injury, privacy, advertising injury, construction defect, securities fraud, asbestos and pollution liability disputes.
Successful representation of cedents and reinsurers in reinsurance arbitrations.

Professional Activities

American Bar Association
- Section of Litigation
- Business Torts Committee
- Insurance Coverage Committee
Association of Business Trial Lawyers
Bar Association of San Francisco

Admissions

California
U.S. District Courts for the Northern, Eastern, Central and Southern Districts of California
U.S. Court of Appeals for the Eighth and Ninth Circuits

Education

Harvard Law School, J.D., cum laude, 1991
Princeton University, A.B., cum laude, 1988