Robert M. Fineman practices in the areas of commercial and insurance coverage litigation with an emphasis on complex litigation involving contract disputes and environmental matters. Mr. Fineman has represented clients, including domestic and international insurers and reinsurers, in a wide range of lawsuits and disputes involving insurance coverage and bad faith allegations, business disputes, construction defects, subrogation and contribution, toxic torts, regulatory issues and environmental matters including claims under CERCLA and similar state statutes.

Mr. Fineman has served as trial and appellate counsel in matters in numerous state and federal courts and has also resolved a variety of cases through mediation and other forms of alternative dispute resolution. Additionally, Mr. Fineman has experience with intellectual property matters, including trademark and copyright issues. He also represents banks in consumer lending litigation matters.

An active member of the Tort Trial and Insurance Practice section of the American Bar Association and the Association of Business Trial Lawyers, Mr. Fineman is a 1996 cum laude graduate of Tulane Law School and a cum laude graduate of Miami University.

Representative Matters

• Aerojet-General Corporation v. American Excess Insurance Co. (2002) 97 Cal. App. 4th 387 (application of res judicata to prior judgment in favor of insurers)
• J.H. Baxter & Co. v. Central National Ins. Co. (2001) 20 P.3d 967 (prevailed in forum battle in complex coverage case)
• Puget Sand Energy v. Certain Underwriters at Lloyd's, London, et al. (represented insurer in Washington State multi-phased jury trial resulting in complete defense verdict on two issues and partial verdict on third issue)

Areas of Practice

• Insurance and Reinsurance
• Commercial Litigation
• Insurance Coverage and Risk Management
• Intellectual Property
• Consumer Lending Litigation

Admissions

• California
• U.S. District Court for the Eastern District of California
• U.S. District Court for the Northern District of California
• U.S. District Court for the Central District of California
• U.S. Court of Appeals for the Ninth Circuit

Education

• Tulane Law School, J.D., cum laude, 1996
• Miami University, B.A., cum laude, 1991

Other Experience

• Duane Morris LLP
  - Partner, 2006-present
• Hancock Rothert & Bunshoft LLP
  - Partner, 2004-2005
  - Associate, 1997-2003

Professional Activities

• State Bar of California
  - Litigation Section
• Bar Association of San Francisco
• Association of Business Trial Lawyers
• American Bar Association
  - Tort Trial and Insurance Practice Section
  -- Insurance Coverage Litigation Committee
  -- Business Litigation Committee
  -- Intellectual Property Law Committee

Publications

• Co-Author, "E-Commerce Contracts Forms Book," a chapter on metatag license contracts, Internet Industry Section of the ABA, 1999
• Co-Author, "Nationwide Desk Reference of Property and Casualty Insurance Laws, 2004 Edition," California Chapter, ALFA International
• Co-Author, "Nationwide Desk Reference of Life, Accident and Health Insurance Laws, 2004 Edition," California Chapter, ALFA International

Speaking Engagements

• Panelist, "Insurance, Indemnity and Contribution: Coverage Implications—Reconciling Competing Indemnity Obligations and Insurance Provisions," Strafford webinar, January 26, 2012
• Panelist, "Insurance, Indemnity and Contribution: The Complex Interplay in Commercial Transactions," Strafford Publications webinar, March 24, 2011
• Speaker, "Insurance, Indemnity and Contribution: The Complex Interplay in Commercial Transactions," Strafford Publications webinar, May 13, 2010
• Speaker, "Insurance Coverage for Green Building: CGL, E&O and Property—Anticipating Liabilities and Coverage Risks in Sustainable Building," Strafford Publications teleconference, April 21, 2010
• Panelist, "Additional Insured Coverage: Reconciling Business Contract Obligations and Policy Terms," Strafford Publications teleconference, March 23, 2010
• Panelist, "Contested Insurance Coverage: Defense Under Reservation of Rights; Strategies to Reconcile Policyholders' and Insurers' Competing Interests," Strafford Publications teleconference, April 2, 2009
• Panelist, "Complex Insurance Issues in M&A Due Diligence – Assessing Potential Risk and Minimizing Exposure in Corporate Dealmaking," Strafford Publications teleconference, September 2, 2008
• Speaker, "Discovery in Bad Faith Insurance Claims, State of the Law and Successful Strategies," Strafford Publications National Teleconference, October 10, 2007
• Panelist, "Additional Insured Coverage: Is Your Business Really Protected? Crafting Enforceable and Effective Endorsements," Strafford Publications live interactive teleconference, June 21, 2007
• Panelist, "Additional Insured Coverage: Is Your Business Really Protected?" Strafford Publications national teleconference, October 31, 2006
• Moderator, Insurance Coverage 2004, Claim Trends & Litigation, Practising Law Institute VR, San Francisco, CA, February 17-18, 2004