Peter J. Whalen is co-head of the Insurance division of the Trial Practice Group. Mr. Whalen practices in the area of commercial litigation with a focus on insurance, general business and technology-related disputes. Mr. Whalen has extensive jury trial, appellate and alternative dispute resolution experience in a wide variety of cases ranging from straightforward commercial disputes to very complex, high-stakes litigation. He represents domestic and international clients in disputes pending throughout the Western United States.

In addition to his litigation experience, Mr. Whalen has counseled a number of companies regarding risk management, cost recovery, and litigation avoidance issues. He also has spoken about insurance, technology and general liability issues before a wide range of industry groups in the United States, the United Kingdom and Canada. He has been named one of Northern California's Super Lawyers for 2005.

Mr. Whalen is a 1987 graduate of the University of California, Hastings College of the Law and a cum laude graduate of the University of San Francisco.

Representative Matters

Lead counsel in defending insurance coverage action involving $28 million in alleged Lanham Act, unfair competition and advertising injury damages pending in federal district court in Casper, Wyoming. Obtained summary judgment in client's favor (March 2004); argued the case before the 10th Circuit Court of Appeals (November 2005); 10th Circuit affirmed judgment in client's favor (December 2005).
Trial counsel in the defense of a complaint asserting over $1 million in damages and prosecution of cross-complaint concerning non-competition agreement. Complaint was defeated and a judgment of almost $900,000 was obtained in favor of client on the cross-complaint. (January 2004).
Lead counsel in defending insurance coverage action involving millions in alleged damages pending in Seattle, Washington. Summary judgment granted in client's favor; no appeal of trial court ruling taken. (September 2003)
Trial counsel in the successful defense of a patent infringement lawsuit concerning a medical product filed in the District Court of Delaware. LifeScan v. Home Diagnostics, 103 F.Supp. 2d 379 (D. Del. 2000).
One of the lead trial counsel in FMC v. Plaisted & Companies, 61 Cal.App.4th 1132 (1998), and argued the case before the California Court of Appeal. The FMC action involved a series of eight jury trials in San Jose, California concerning over $500 million in claims.

Professional Activities

American Bar Association

Admissions

California
Admitted pro hac vice in various cases pending in Arizona, Nevada, Utah, Washington and Wyoming

Education

University of California, Hastings College of the Law, J.D., 1987
University of San Francisco, B.A., cum laude, 1980