Peter K. Rosen, Esq.

Peter K. Rosen, Esq.  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 insurance law at USC Gould School of Law and Pepperdine University School of Law. 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)

Representative Matters

Business/Commercial Disputes/Corporate Governance

• 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

• Mediated, arbitrated and litigated corporate governance matters, including matters arising from alleged breaches of fiduciary duty

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 boards of directors and their senior managers

• 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

• 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/Securities

• Insurance coverage 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

Insurance

Property Insurance/Business Interruption

• 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

• 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

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

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

EPL

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

Federal & State Investigations

• Handled numerous disputes concerning insurance coverage for federal and state investigatory matters

Event Cancellation Coverage

• 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

• Product contamination and product recall cases including matter concerning recovery of losses arising from FDA-ordered recall of products containing peanuts

Crime

• Handled insurance coverage issues under crime, fidelity and bankers’ blanket bonds arising from various defalcation schemes

Energy/Oil & Gas

• 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

• 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

• 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

Sports

• Advised about insurance coverage issues arising from sports concussion claims, sports molestation and abuse claims and player lockouts and strikes

Allocation

• Mediated disputes among insurers about the proper allocation of defense fees and settlement payments or both

Professional Liability/Malpractice

• Actions involving lawyers, bankers, accountants, appraisers and real estate advisors
• Professional liability claims involving insurance brokers/agents, managing general agents (MGAs) and managing general underwriters (“MGUs”)

Real Estate

• Commercial and residential broker disputes and disputes between buyers and sellers of real estate
• Real estate disputes, including specific performance, lease renewals, title insurance, mortgage, and other real estate matters involving development and finance
• Commercial real estate disputes including disputes involving commercial property owners, owners and tenants and lease pass-through claims, and construction defects claims
• Homeowner association disputes, including disputes between owners and their homeowner association, disputes between owners and disputes between homeowner associations and third parties

TCPA and FDCPA Claims

• Mediated many TCPA, FDCA and Rosenthal Act claims

ADA

• Mediated many ADA claims

Legal Fee and CUMIS Disputes

• Handled more than a hundred 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

Subrogation

• Handled the resolution of subrogation claims arising out of many natural disasters and fires
• Handled the resolution of subrogation claims arising out of the settlement of third party personal injury and property damage claims