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

Experience

Duane Morris LLP
- Partner, 2006-present
Hancock Rothert & Bunshoft LLP
- Partner, 1999-2005
- Associate, 1991-1999

Selected Publications

"Latest Case Law On Coverage Issues Affecting Professional Liability And Directors & Officers Insurance," Mealey's Litigation Report: Insurance, December 2007
Contributor, The XL Insurance Contract Guide for Design Professionals - A Risk Management Handbook for Architects and Engineers (2007 X.L. America, Inc.)
"When Government Creates New Privacy Rights, Do Insurers Pay?," Coverage, July/August 2005
"Cumis Conundrum," The Recorder, January 2005
"Latest Case Law on Coverage Issues Affecting Professional Liability and Directors & Officers Insurance," Mealey's Litigation Report: Insurance, September 2004; reprinted in Mealey's Commentary Review: Emerging Insurance Disputes, September 2005
"Recent Developments In Coverage Issues Affecting Claims-Made Policies," Mealey's Litigation Report: Insurance, July 22, 2003
"Insurance Coverage Issues in California Mold Litigation," Mealey's Litigation Report: California Insurance, June 2003
"Curbing the Bad-Faith Setup," Claims Magazine, December 2002
"The Dart Not Thrown: A Response to the California Supreme Court's Invitation to Establish an Evidentiary Standard for Proof of Lost Insurance Policies," Mealey's Litigation Report: Insurance, October 1, 2002

Selected Speaking Engagements

Speaker, "Insurer Litigation Management Guidelines: Ethical Obligations and the Tripartite Relationship," Litigation Section of the Barristers Club, January 24, 2008
"Preservation of Documents: Where We Are and Where We're Going," presented to the Association of California Insurance Companies Annual General Counsel Seminar, Las Vegas, Nevada, July 20, 2006
"The Rules of the Road for Claims," presented to the Surplus Lines Association's Ethics Training for the Insurance Professional Seminar, Universal City, California and San Francisco, May 15 and 16, 2006
"Personal Injury, Advertising Injury and Intellectual Property Coverage Matters," moderator for panel presented to ALFA International's Insurance Law Seminar, New York, New York, June 3, 2005
"17200 as a Component of Broader Business Litigation Strategies," presented to Bridgeport Continuing Education's 17200 Litigation in California Seminar, San Francisco and Irvine, California, June 28, 2004 and September 10, 2004
"Suits Against Insurers: Claims and Defenses," presented to Bridgeport's Third Annual Mold Insurance Litigation Conference, February 26, 2004
"Recovery of Damages by Policyholders," presented to Bridgeport Continuing Education's Third Annual Managing Mold Liabilities Conference, July 16-17, 2003
"Emerging Issues in California Indoor Air Quality and Toxic Mold Litigation," presented to the National Business Institute, February 28, 2003
Insurer Client Seminars: Mr. Stern provides regular seminars to insurer clients on the Fair Claim Settlement Practices Act and on emerging issues as to insurance coverage and bad faith liability.