Marc Mayerson is a lawyer, arbitrator, mediator, and expert.
Marc specializes in complex insurance-coverage disputes and advice on behalf of policyholders, such as businesses, nonprofits, directors, executives, fiduciaries, and individuals. He has appeared as lead counsel as the policyholder lawyer in many jurisdictions across the country (both at the trial and appellate levels) and has participated in arbitrations in the US and abroad. Some of the subject matters for which he has pursued insurance recovery as policyholder lawyer include asbestos liabilities, environmental liabilities and clean-up costs, toxic torts, product liability, medical-device liabilities, class actions, securities claim, legal malpractice, criminal and Congressional investigations, ERISA fiduciary claims, intellectual property claims, antitrust and business torts, contaminated food, genetically modified crops, silica liability, employment practices including discrimination, fidelity and employee-dishonesty claims, first-party property, business-interruption and time-element coverages, and natural disasters including storms, hurricanes, flood, and tornadoes.
Marc regularly advises clients, often including boards of directors and fiduciaries, regarding the wording of proposed insurance policies to ensure that gaps are negotiated away or well understood and planned for. This work has included advising newly appointed board members on corporate indemnities and insurance as well as protecting the interests of corporate boards in the midst of corporate acquisitions, including protecting the run-off exposures of the directors. As a policyholder lawyer, Marc uses his thirty plus years' litigation experience to avoid disputes in newly purchased policies by clarifying the language at the point of underwriting, rather than fighting about a claim in subsequent coverage litigation.
A frequent author and speaker on insurance-law topics, Marc has taught the insurance-law course at both Georgetown University Law Center and the George Washington University Law School, two of the leading law schools in the nation. He is the co-editor of New Appleman Insurance Law Practice Guide, the most widely used practice guide in the field and used by lawyers and claims people throughout the United States. He has published articles on the duty to defend and recovery of litigation costs, providing notice to insurance companies including involving them appropriately in settlements of claims against the policyholder, state-of-the art "integrated risk" and enterprise risk coverage programs, management of complex insurance coverage disputes in court, recovery for environmental liabilities including under specialty "cost cap" and clean-up cost or pollution legal liability policies, insurance recovery for losses from contaminated food and genetically modified crops, cyber risk and B2B transactions, settlement of complex insurance-coverage disputes, and insurance company bad faith. Copies are many of Marc's articles are available for review or download on this website.
For many years, Marc authored a blog on insurance issues, Insurance Scrawl, that was identified by The Wall Street Journal as the leading blog of its type. Marc also has testified before a Senate Subcommittee concerning insurance and liabilities issues affecting charities, trade associations, and nonprofits. He provided independent expert testimony to the ERISA Advisory Council, of the US Department of Labor, on fidelity bonds for fiduciaries.
Marc Mayerson has been certified by the American Arbitration Association as a commercial arbitrator, insurance-coverage neutral, and Storm Sandy insurance mediator. Marc's reputation for fairness, principled analysis, and creative problem solving instills confidence in participants in ADR.
Marc also serves as an arbitrator for the DC Bar's Attorney-Client Arbitration Board, which addresses attorneys' fees disputes; he was a member of the arbitral panel for the single largest amount sought in that forum and that produced longest trial proceedings of its kind. He has spoken to corporate counsel and law firms about alternative legal fees (such as contingency, non-hourly, caps, incentives, bonuses and the like), particularly as to how professional-ethics rules and legal-malpractice cases affect how such arrangements should be structured.
Well-known as a pioneer regarding the use of technology in large-scale litigation, Marc has often spoken to legal technology and professional groups about electronic discovery ("e discovery"), corporate records management, knowledge management, document production in litigation, spoliation, metadata, voicemail, instant messaging, social media, mobile phones, legal automation, and document-review technologies utilized by lawyers and law firms in litigation.
Routinely recognized as one of the preeminent lawyers in insurance, Marc was identified as one of the ten "Leading Lawyers" in Insurance by LegalTimes (Feb. 26, 2007); his selections as a preemient policyholder lawyer include ChambersUSA America's Leading Business Lawyers, the BestLawyers in America, SuperLawyers, and in Experts' Guide to the World's Leading Insurance & Reinsurance Lawyers. Marc is an elected Fellow of the American College of Coverage Counsel.
Marc Mayerson attended Harvard Law School (magna cum laude 1986), where he was a member of The Harvard Law Review. He obtained his undergraduate degree from the University of Michigan (1983), with Highest Distinction, High Honors, and Phi Beta Kappa. After law school, he served as a judicial clerk for The Honorable Stephen R. Reinhardt of the United States Court of Appeals for the Ninth Circuit. He entered private practice in 1987.
Marc is married and has three sons. He served as his synagogue's president (twice elected) and officiates at secular weddings in the area. Marc grew up in Dayton, Ohio.
J.D., magna cum laude, Harvard Law School (1986)
A.B., with Highest Distinction, High Honors, Phi Beta Kappa, University of Michigan (1983)