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Peter J. Whalen
Partner
Duane Morris LLP
Suite 2200
One Market Plaza, Spear Tower
San Francisco, CA 94105-1127
USA

Phone: +1 415 957 3239
Fax: +1 415 520 0366
Email: PJWhalen@duanemorris.com

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 coverage, general business and real estate related disputes. Mr. Whalen has extensive jury trial, appellate and alternative dispute resolution experience in cases ranging from complex high-stakes coverage litigation to contract-based commercial disputes. He represents domestic and international clients in matters throughout the United States.

Mr. Whalen has specialized in representing umbrella insurance carriers in high exposure cases for 20 years, including some of the largest actions brought in California. His work also has included complex matters for D&O, general liability and reinsurance clients. Mr.Whalen also has assisted clients with developing national litigation strategy for some of their biggest risks. In addition to his litigation experience, Whalen has counseled a number of companies regarding risk management, subrogation recovery, and litigation avoidance issues. He also has spoken about insurance coverage litigation and general liability issues before many industry groups in the United States and the United Kingdom.

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

Experience

• Duane Morris LLP
  - Partner, 2006-present
• Hancock Rothert & Bunshoft LLP
  - Partner, 1994-2005

Honors and Awards

• Northern California Super Lawyers (2005-2006)

Selected Publications

• Co-Author, "Zombie Computer Hijackers: A Note on Third-Party System Liability in Denial-of-Service Attacks," San Francisco Daily Journal, April 4, 2000
• Co-Author, "A Toxic Turn for Policyholders," Insurance Litigation, SF Recorder, September/October 1998
• Co-Author, "The Top Ten Reasons Insurance Coverage Lawyers Should Understand FMC v. Plaisted and Companies," Mealey's Litigation Report: Insurance, July 21, 1998