Russell W. Roten practices throughout the United States, recently having handled matters in the courts of California, Texas, Pennsylvania, Delaware, New York, New Jersey, Minnesota and Wisconsin. Mr. Roten represents clients in a variety of commercial, insurance and bankruptcy matters. Mr. Roten has tried numerous jury and court cases to verdict and has handled large bankruptcy cases for insurers, and has also resolved cases in arbitration and mediation. He works with his clients to attain the clients' objectives in the best, most cost-effective way possible.

Mr. Roten also maintains an active transactional practice, assisting clients with a range of commercial matters, both domestic and international.

Mr. Roten is admitted to practice in California, North Carolina, Washington, and the District of Columbia and is a member of the Bankruptcy Section of the American Bar Association; the Commercial Law and Bankruptcy Sections of the Los Angeles County Bar Association; the Business Law Section of the State Bar of California; the Washington State Bar Association; the North Carolina State Bar; the District of Columbia Bar; and the American Bankruptcy Institute.

Mr. Roten is a 1977 graduate of the University of North Carolina School of Law and a graduate of the University of North Carolina.

Representative Matters

  • Represented the London insurance market in a declaratory relief action filed against BP America Inc. and Atlantic Richfield Co. concerning the scope of a policy buyback agreement.The trial court entered judgment in favor of our clients on all claims following a court trial. On September 13, 2012, the California Court of Appeal issued an opinion affirming the judgment in full. Certain Underwriters at Lloyd's, London v. BP America, Inc., et al., Case No. A132298. See London Market Insurers Prevail Against BP in Insurance Buyback Dispute.
  • Won a trial in San Francisco state court with approximately $3.4 billion of coverage at issue; the question presented was whether a buy-back agreement included a subsidiary of the oil company counterparty to the agreement.
  • Won a jury trial in Texas as to the reasonableness of the amounts paid to asbestos claimants in a settlement between the assured and the claimants.
  • In major asbestos bankruptcy case, successfully opposed assured debtor’s plan of reorganization that would have severely prejudiced insurers’ rights, and negotiated language protecting insurers from effect of plan in subsequent coverage litigation.
  • In major asbestos bankruptcy case, successfully opposed plan of reorganization that would have prejudiced insurers’ rights, and also negotiated release and injunction in favor of clients.
  • Negotiated pre-bankruptcy settlement that the client found favorable in major asbestos bankruptcy case, and obtained bankruptcy court approval of settlement and injunction against future claims.
  • In a bankruptcy of a Catholic Diocese facing sex abuse claims, negotiated a settlement that the client found favorable and buy-back of coverage, free and clear of all claims.
  • Negotiated favorable settlements of two cases alleging broker negligence and related claims.

Admissions

  • California
  • District of Columbia
  • North Carolina
  • Washington

Education

  • University of North Carolina Law School, J.D., 1977
  • University of North Carolina, A.B., 1973