Mitchell L. Lathrop [ Of Counsel ]
Duane Morris LLP
Suite 900
101 West Broadway
San Diego, CA 92101-8285
USA
Phone: 212.692.1022
Fax: 619.923.3632
Email:
MLLathrop@duanemorris.com
New York Address
Duane Morris LLP
1540 Broadway
New York, NY 10036-4086
Phone: 212.692.1022
Fax: 212.692.1020
Mitchell L. Lathrop practices in the areas of domestic and international arbitration, insurance and reinsurance law, environmental law, securities and complex litigation.
He is a Fellow of the Chartered Institute of Arbitrators (U.K.) and a member of the London Court of International Arbitration. Mr. Lathrop is a diplomate in international arbitration law of the College of Law of England and Wales. He is a Distinguished Neutral (Insurance) for the International Institute for the Prevention and Resolution of Disputes (CPR). He also serves as an arbitrator for the Association Internationale de Droit des Assurances Reinsurance and Insurance Arbitration Society, U.S. (ARIAS-US); the Singapore International Arbitration Centre; the Federation of Indian Chambers of Commerce and Industry; the Reinsurance Association of America; the National Arbitration Forum; and the International Chamber of Commerce.
Mr. Lathrop frequently serves as an expert witness on insurance and reinsurance matters in both state and federal courts.
On the litigation side, Mr. Lathrop is a member of the American Board of Trial Advocates and is a certified civil trial specialist by the National Board of Trial Advocacy. He has handled litigated matters in over 30 states. He is a member of the International, American and Federal Bar Associations, the Judge Advocates Association, the Federal Bar Council and the International Association of Defense Counsel.
Mr. Lathrop is a 1966 graduate of the University of Southern California and a graduate of the United States Naval Academy.
Areas Of Practice
- Reinsurance and Insurance Law
- Securities Litigation
- Complex Civil Litigation
- Environmental Law
- Domestic and International Arbitration and Dispute Resolution
Representative Matters
- Consolidated Edison Company of New York, Inc. v. Allstate Ins. Co., 283 A.D.2d 322, 724 N.Y.S.2d 853 (2001), leave to appeal granted, 97 N.Y.2d 603, 760 N.E.2d 1288, 735 N.Y.S.2d 492 (2001), aff'd, 98 N.Y.2d 208, 774 N.E.2d 687, 746 N.Y.S.2d 622 (2002) - Obtained a unanimous defense jury verdict in an environmental contamination case involving a New York manufactured gas plant. Decision upheld by New York's highest court.
- County of Santa Clara v. United States Fidelity & Guarantee Co., No. 97-16759, 9th Cir., April 19, 1999, 1999 U.S. App. LEXIS 7623 - Successfully defended an excess insurer against claims by a governmental entity for coverage for environmental pollution.
- Marathon Oil Co. v. A.G. Ruhrgas, 182 F.3d 291 (5th Cir. 1999) - Obtained dismissal for lack of jurisdiction of action subject to international arbitration.
- Aerojet-General Corp. v. Transport Indemnity Insurance Co., 50 Cal.App.4th 354, 53 Cal.Rptr.2d 398 (1996); aff'd in part, rev'd in part, 17 Cal. 4th 38, 70 Cal. Rptr. 2d 118, 948 P.2d 909 (1997) - Successfully defended claim by rocket and weapons manufacturer for insurance coverage for environmental contamination.
- Pacific Landmark Hotel v. Marriott Corporation, 19 Cal.App.4th 615 (1993), modified, rehrg. denied, 19 Cal.App.4th 1552i, rev. denied, 1994 Cal. LEXIS 625 (1994) - Obtained preliminary injunction in a hotel management contract dispute.
- Shell Oil Company v. Winterthur Swiss Insurance Company, et al., 12 Cal.App.4th 715, 15 Cal.Rptr.2d 815 (1993), as modified, February 22, 1993, 1993 Cal. App. LEXIS 156 - Obtained a unanimous jury verdict is the largest environmental insurance coverage case tried to a conclusion in U.S. history.
Professional Activities
- International Institute for Conflict Prevention and Resolution (CPR)
- London Court of International Arbitration
- Fellow of the Chartered Institute of Arbitrators
- International Bar Association
- Federal Bar Council
- International Association of Defense Counsel
- ADR Committee
-- Vice Chair for Journal Articles - American Board of Trial Advocates
- National Board of Trial Advocacy
- Association Internationale de Droit des Assurances Reinsurance and Insurance Arbitration Society, U.S. (ARIAS-US)
- Judge Advocates Association
- New York Academy of Sciences
Admissions
- New York
- District of Columbia
- California
- United States Tax Court
- United States Court of International Trade
- United States Court of Appeals for the Armed Forces
- United States Courts of Appeals for the Second, Fifth, Ninth, Tenth, District of Columbia and Federal Circuits
- United States District Courts for the Northern, Eastern, Southern and Western Districts of New York
- Supreme Court of the United States
- United States District Courts for the Northern, Eastern, Central and Southern Districts of California
- United States District Court for the District of Columbia
- United States District Court for the Southern District of Texas
- United States District Court for the Eastern District of Michigan
Education
- The College of Law of England and Wales, Diploma in International Arbitration Law, 2005
- University of Southern California School of Law, J.D., 1966
Experience
- Luce, Forward, Hamilton & Scripps LLP, San Diego, California
- Partner, 1994-2003 - Adams, Duque & Hazeltine, San Diego, California
- Partner, 1986-1994 - Rogers & Wells, New York, New York
- Partner, 1980-1986 - Duane Morris LLP
- Partner, 2003-present - Macdonald, Halsted & Laybourne, Los Angeles, California
- Partner, 1971-1980 - Brill, Hunt, DeBuys & Burby, Los Angeles, California
- Partner, 1970-1971
- Associate, 1968-1970 - Los Angeles County Counsel, Los Angeles, California
- Deputy County Counsel, 1966-1968
Civic and Charitable Activities
- Director, Metropolitan Opera, New York, 1983-present
- Metropolitan Opera National Council
- Western Regional Chairman, 1971-1981
- Executive Committee Chairman, 1983-present - San Diego Opera Association
- Director, 1977-2002
- President, 1986-1988 - The Thacher School, Ojai, California
- Trustee, 1974-1978 - Idyllwild Arts Foundation, Idyllwild, California
- Governor, 2002-present - Friends of the Claremont Colleges, Claremont, California
- President, 1981
- Director, 1979-1981
Selected Publications
- "Court-ordered Interim Measures in Aid of Enforceability of Pending Foreign Arbitration," (2007) 73Arbitration 373-381.
- Insurance Coverage for Environmental Claims, Matthew Bender & Co., 1992. Updated annually
- Environmental Insurance Coverage: State Law and Regulations, Juris Publishing, Inc., 1991. Updated annually
- Computer Technology in Civil Litigation, Bancroft-Whitney, 1990
Selected Speaking Engagements
- Speaker, "Update on Insurance Issues," Lorman seminar, February 13, 2008
- Speaker, "A Comparison of Rules Governing International Arbitration," Center for International Legal Studies program on international arbitration, Paris, France, May 10-11, 2007
- Speaker, "A Comparison of Rules Governing International Arbitration," Center for International Legal Studies program on international arbitration, Colorado, February 11-17, 2007
- Speaker, "Insurance: What Every Lender Should Know But is Afraid to Ask," San Diego National Bank Seminar, January 2005
- Speaker, "Update on Thorny Reinsurance Issues," Glasser LegalWorks seminar "The Reinsurance Law & Practice: Hot Topics," September 2004
- Serves as lecturer on various aspects of law for the American Bar Association, several state bar associations and law schools, the Practicing Law Institute, the Association of Business Trial Lawyers and numerous businesses
- "Standards for Expert Testimony in United States Cases," Litigating in an International Arena, Center for International Legal Studies Conference, Salzburg, Austria, November 12-15, 2003
- Panel Speaker, DRI Joint International Conference, London, May 17-18, 2007