Peter K. Rosen, Esq., FCIArb joined JAMS in January 2019 following his prestigious legal career handling high-profile insurance matters covering a wide range of commercial issues and policies, including directors and officers (D&O) liability, general liability, property, cyber, employment, professional liability, construction, fidelity, environmental, representations and warranties insurance, and reinsurance. Mr. Rosen has deep expertise in handling coverage issues arising out of mass disasters. His role in the World Trade Center insurance coverage litigation gained him worldwide recognition. He received accolades from The Legal 500 and Chambers USA, which noted, “He is recognized for his ‘wealth of expertise’ and is described as ‘someone you would bring in as a big hitter.’”

Throughout the course of his career, Mr. Rosen has driven hundreds of matters to a mediated resolution and has been involved in numerous high-stakes domestic and international arbitrations.

Mr. Rosen is the author of leading texts on D&O liability and business interruption claims. He teaches International Commercial Arbitration and Advocacy at UCLA School of Law. He taught  insurance law at USC Gould School of Law from 2007 through 2018. He has also taught corporate governance at USC Gould School of Law. Mr. Rosen coaches UCLA Law School's Vis International Moot team and will be teaching a preparatory course on International Arbitration for the UCLA Law School Vis Competition participants. 

ADR Experience and Qualifications

• Deep expertise in insurance policies, including D&O liability, general liability, property, cyber, employment, professional liability, construction, fidelity, environmental, representations and warranties insurance, and reinsurance
• Author of leading texts on D&O liability and business interruption claims, including sections on dispute resolution provisions
• Fellow, Chartered Institute of Arbitrators (CIArb)
• Accredited Mediator, Centre for Effective Dispute Resolution (CEDR)
• Certified Arbitrator, ARIAS
• Certified Mediator, CPR

Representative Matters

• ADA
• Mediated numerous ADA claims involving commercial, industrial and residential properties and establishments
• Allocation
• Mediated disputes among insurers about the proper allocation of defense fees and settlement payments or both
• Business Commercial

• Mediated and arbitrated business and corporate governance disputes involving public, private and non-profit companies as well as private equity firms, hedge funds, and venture capital funds

• Handled claims brought by the FDIC, federal regulators, shareholders, investors, competitors and customers against more than seventy (70) financial institutions and their boards of directors or senior management

• Class Actions

• Mediated consumer class actions involving cyber breaches, TCPA, FDCPA and other statutory claims

• Mediated securities class actions, involving public and private companies, their board of directors and their senior managers

• Construction
• Mediated and arbitrated construction defect cases involving commercial, industrial and residential projects
• As an advocate,
• Handled matters concerning alleged faulty design of a well-known bridge in Hong Kong, a multi-use office building in Grand Rapids, Michigan, and a roadway near London, England
• Handled matter concerning alleged environmental contamination and cleanup expenses resulting from a remediation project in Beirut, Lebanon
• Handled and mediated litigation involving payment of substantial remediation expenses arising from a water loss at two high rise buildings
• Handled and mediated litigation involving improperly installed windows in office buildings in California and condominium developments in South Carolina
• Handled and mediated faulty design of and construction defects in hospitals in Illinois
• Employment Law

• Mediated and arbitrated disputes involving employment, discrimination, harassment, and wage and hour claims and class actions

• Mediated employment claims involving the application of employment practices liability insurance policies

• Financial Markets
• Mediated both public and private securities litgation actions
• As an advocate,
• Advised clients about insurance coverage issues for hundreds of securities litigation, derivative litigation and broker dealer matters
• Handled claims brought by the FDIC, federal regulators, shareholders, investors, competitors and customers against more than seventy (70) financial institutions and their boards of directors or senior management
• Handled the defense of securities class actions and derivative actions involving public and private companies
• Advised many public, private and non-profit organizations about corporate governance matters
• Advised private and public companies, their boards and senior executives about M&A transactions
• Health Care
• Sole arbitrator for insurance coverage dispute involving litigation between independent physician associations
• Ombudsman for appeals from physician members concerning healthcare mutual insurance company’s equity allocations
• Mediated liability and insurance coverage disputes concerning cryogenic tank failures
• Mediated dispute between service providers and health care facility
• Insurance
Property Insurance/Business Interruption


• Mediated and arbitrated property insurance and business interruption claims and disputes
• As an advocate,

• Was the lead lawyer for the retail leaseholder at the World Trade Center in the prodigious insurance coverage litigation arising out of the 9/11 attacks

• Handled property damage and business interruption matters involving leading materials science company and resulting from a Japanese earthquake and subsequent power interruption at a manufacturing facility in Taiwan

• Handled, litigated and appraised numerous insurance coverage matters involving first party and third party claims arising from Hurricane Katrina, SuperStorm Sandy, Thailand floods, wildfires, earthquakes, mudslides, landslides and other natural disasters

• Litigated, mediated and appraised numerous business interruption disputes

• Handled and mediated Hawaii’s 9/11 related business interruption claim and litigation


Transactional/M&A Insurance



• Mediated and arbitrated transactional insurance coverage disputes

• As an advocate,

• Advised clients about transactional insurance coverage disputes, including claims arising under representations and warranties policies and tax liability policies

• Negotiated and advised about the coverage provisions, terms and conditions and exclusions in hundreds of transactional insurance policies


D&O Liability/Professional Liability Insurance



• Mediated securities class actions, involving public and private companies, their boards of directors and their senior managers

• As an advocate,
• Handled insurance coverage issues for hundreds of securities litigation, derivative litigation and broker dealer matters


EPL



• Mediated employment claims involving the application of employment practices liability insurance policies


Federal & State Investigations



• As an advocate, handled numerous disputes concerning insurance coverage for federal and state investigatory matters


Event Cancellation Coverage



• As an advocate, advised about, mediated and litigated the terms and conditions of, triggers of coverage for and exclusions in event cancellation policies


Product Contamination and Recall Coverage



• As an advocate, handled product contamination and product recall cases including matter concerning recovery of losses arising from FDA-ordered recall of products containing peanuts


Crime 



• As an advocate, handled insurance coverage issues under crime, fidelity and bankers’ blanket bonds arising from various defalcation schemes


Energy/Oil & Gas



• As an advocate, handled matters involving an oil and gas well drilling company and its efforts to recover the value of its oil rigs seized by the Venezuelan government under a political risk insurance policy


Construction



• As an advocate,

• Handled matters concerning insurance coverage for alleged faulty design of a well-known bridge in Hong Kong, a multi-use office building in Grand Rapids, Michigan, and a roadway near London, England

• Handled matter concerning insurance coverage for alleged environmental contamination and cleanup expenses resulting from a remediation project in Beirut, Lebanon

• Handled insurance coverage issues relating to the construction of the Millennium Tower in San Francisco and adjacent buildings and projects

• Handled and mediated litigation involving insurance coverage for substantial remediation expenses arising from a water loss at two high rise buildings

• Handled and mediated litigation involving insurance coverage for alleged improperly installed windows in office buildings in California and condominium developments in South Carolina

• Handled and mediated insurance coverage for faulty design of and construction defects in hospitals in Illinois


Cyber/Crypto



• As an advocate, handled cyber-risk insurance coverage matter involving the theft of an internet company’s customer information and resulting business interruption losses

• Mediated the insurance coverage issues involving a complex cyber breach class action

• Mediated the insurance coverage issues and liability issues involving losses suffered by a bitcoin company from a cyber breach

• Mediated successfully the liability and insurance coverage issues arising from the theft or mysterious disappearance of a substantial amount of crypto currency
• Sole arbitrator in a dispute between a customer and a crypto currency exchange company


Sports



• As an advocate, advised about insurance coverage issues arising from sports concussion claims, sports molestation and abuse claims and player lockouts and strikes


Reinsurance and Captive Insurance



• Arbitrated reinsurance disputes between cedents and reinsurers

• Mediated and arbitrated disputes between captive insurer and reinsurers


Song-Beverly Act Claims



• Mediated and arbitrated Song-Beverly Act disputes involving consumers, dealers, resellers and manufacturers


Fertility Preservation Claims



• Mediated liability and insurance claims concerning fertility preservation facilities, service providers, medical personnel and other professionals


Homeowner's Associations



• Mediated claims and disputes concerning Homeowner’s Associations, their boards and their members


Elder Abuse Claims



• Mediated liability and insurance disputes concerning elder abuse claims
• Legal Fee and CUMIS Disputes
• Mediated and arbitrated fee disputes, including disputes involving the retention of, payment of, or reasonableness of the fees charged by defense firms, Cumis counsel and Civil Code Sec. 2860 counsel
• Professional Liability
• Mediated and arbitrated actions involving lawyers, bankers, accountants, appraisers and real estate advisors
• Mediated and arbitrated professional liability claims involving insurance brokers/agents, managing general agents (MGAs) and managing general underwriters (“MGUs”)
• Real Property
• Mediated commercial and residential broker disputes and disputes between buyers and sellers of real estate
• As an advocate, handled real estate disputes, including specific performance, lease renewals, title insurance, mortgage, and other real estate matters involving development and finance
• Mediated commercial real estate disputes including disputes involving commercial property owners, owners and tenants and lease pass-through claims, and construction defects claims
• Mediated homeowner association disputes, including disputes between owners and their homeowner association, disputes between owners and disputes between homeowner associations and third parties
• Subrogation
• As an adovcate, handled the resolution of subrogation claims arising out of many natural disasters and fires
• Mediated the resolution of subrogation claims arising out of the settlement of third party personal injury and property damage claims
• TCPA and FDCPA Claims
• Mediated and arbitrated numerous TCPA, FDCA, FCRA and Rosenthal Act claims

Honors, Memberships, and Professional Activities

• Recognized as one of the nation's Top Attorney Fee Experts, NALFA, 2019 - 2022
• Transactional Liability Leadership Award, Advisen, 2019
• Leading Insurance Policyholder Lawyer, Chambers USA
• Leading Lawyer for Insurance: Advice to Policyholders, The Legal 500
• Author, Directors and Officers Liability Insurance Forms Annotated (2013 Edition) 
• Co-Author, Business Interruption: Coverage, Claims, and Recovery, 2nd Edition (April 2011)
• Lecturer in Law, International Commercial Arbitration and Advocacy, UCLA School of Law, 2021–2022
• Adjunct Professor, Insurance Law and Corporate Governance, University of Southern California Gould School of Law, 2007–2018
• Adjunct Professor, Insurance Law, Pepperdine University School of Law, 2018
• Fellow, College of Commercial Arbitrators
• Fellow, Chartered Institute of Arbitrators, North American Branch (CIArb)
• Member, Board of Directors
• Formerly, Chapter Chair and National Treasurer
• Fellow, American College of Coverage Counsel (ACCC)
• Certified Arbitrator, ARIAS
• Certified Mediator, CPR
• Accredited Mediator,  Centre for Effective Dispute Resolution (CEDR)
• Certified, National Association of Legal Fee Analysis (NALFA), Certificate in Reasonable Attorney Fees 
• Panel Mediator, United States District Court for the Central District of California
• Panel Mediator, California Court of Appeal, Second Appellate District
• Panel Mediator, Ventura County Superior Court

Background and Education

• Partner, Latham & Watkins LLP, 2004–2018
• Global Chair, Insurance Coverage Litigation Practice, 2013–2018
• Partner, Mayer Brown, 1997–2004
• Named Partner, Various boutique litigation firms, 1986–1997
• Associate, Paul Hastings LLP, 1980–1986
• Associate; Ball, Hunt, Hart, Brown & Baerwitz; 1978–1980
• J.D., University of Southern California Gould School of Law, 1978
• M.P.A., University of Southern California, 1978
• B.A., University of California, Los Angeles, 1975