Mark J.Andreini

Partner

Cleveland + 1.216.586.7101

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Mark Andreini represents corporate policyholders facing consequential disputes with their insurers. He has litigated disputes on behalf of policyholders seeking coverage for toxic tort liabilities, including pursuing recoveries for the costs incurred remediating alleged environmental, beryllium, asbestos, and lead paint contamination.

Mark also has in-depth experience litigating coverage disputes arising under financial lines policies, including directors and officers liability (D&O) policies, errors and omissions (E&O) policies, commercial crime policies, fidelity policies, employment practices liability policies, and professional liability policies, to name a few examples. He also has arbitrated numerous coverage disputes, including matters subject to Bermuda, English, and Dutch arbitration. Mark's practice is truly international and has included pursuing coverage under various nation's laws. In recent years, Mark has represented a growing number of clients seeking to recover under D&O, representations and warranties insurance (RWI), and E&O policies for the cost of defending and settling claims arising under the False Claims Act (FCA). In the course of those representations, he has helped establish seminal precedent in favor of policyholders seeking insurance recoveries for qui tam litigation and Department of Justice (DOJ) investigations.

Mark also has a substantial practice advising clients regarding the procurement of insurance and has advised numerous companies on the placement of D&O and RWI policies.

A former musician, Mark is on the board of trustees for CityMusic Cleveland and Piano Cleveland.

Experience

  • Global secondaries fund manager purchases portfolio of private equity fund interestsJones Day advised a global secondaries fund manager in the purchase of a portfolio of private equity fund interests from a corporate pension plan. The purchase of the portfolio was partially financed using a NAV facility and included the use of representation and warranty insurance.
  • MPE Partners portfolio company acquires Allegheny ContractingJones Day represented MPE Partners in connection with the acquisition and financing by portfolio company Precision Pipeline Services of Allegheny Contracting, a provider of technical utility services for the natural gas end market in Pennsylvania and surrounding Mid-Atlantic and Midwest states.
  • Sky Island Capital acquires Pacific Paper TubeJones Day advised Sky Island Capital in the acquisition and financing of Pacific Paper Tube Inc., a leading manufacturer of paper tubes and cores throughout the western U.S.
  • Kinzie Capital acquires Arctic IndustriesJones Day represented Kinzie Capital Partners LP, a Chicago-based private equity firm, in the acquisition and financing of Arctic Industries, a leading manufacturer of commercial grade walk-in coolers and freezers.
  • Cardinal Health persuades Sixth Circuit to uphold Ohio District Court's remand order in insurance coverage actionJones Day prevailed in a Sixth Circuit appeal on behalf of Cardinal Health, Inc.
  • KKR invests in Transphorm, Inc.Jones Day represented Kohlberg Kravis Roberts & Co. L.P. in its investment in Transphorm, Inc.
  • TopBuild acquires Distribution International in all-cash transaction valued at $1.0 billionJones Day represented TopBuild in its acquisition of Distribution International from global private equity firm Advent International in an all-cash transaction valued at $1.0 billion.
  • Morgan Stanley Capital Partners invests in AWT Labels & Packing and Citation Healthcare LabelsJones Day advised Morgan Stanley Capital Partners in connection with its investment in and financing of Advanced Web Technologies Holding Company, which operates as AWT Labels & Packaging and Citation Healthcare Labels, from Mason Wells, a Midwest-based private equity firm.
  • Enthusiast Auto Holdings acquires membership interests held by Z1 Motorsports, LLCJones Day represented Enthusiast Auto Holdings, LLC, a platform company of the Cortec Group, and its affiliates in connection with the acquisition and financing of the membership interests held by Z1 Motorsports, LLC, a founder-owned e-commerce distributor of automotive aftermarket parts for Nissan and Infiniti vehicles and headquartered in Carrollton, Georgia.
  • MPLX completes $2.0 billion public offering of Senior NotesJones Day represented MPLX LP in connection with a public offering of $2.0 billion of Senior Notes, consisting of (i) $1.0 billion aggregate principal amount of Floating Rate Senior Notes due 2021 and (ii) $1.0 billion aggregate principal amount of Floating Rate Senior Notes due 2022.
  • Blue Point Capital Partners recapitalizes TAS Environmental ServicesJones Day represented Blue Point Capital Partners in connection with the recapitalization and related financing of TAS Environmental Services, a leading regional environmental services company.
  • PolyOne acquires Fiber-Line for $120 millionJones Day advised PolyOne Corporation, a premier global provider of specialized polymer materials, services, and solutions, in its $120 million acquisition of Fiber-Line, a global leader in customized engineered fibers and composite materials.
  • PPC Flexible Packaging acquires Temkin InternationalJones Day represented Morgan Stanley Capital Partners and its portfolio company, PPC Flexible Packaging, LLC (“PPC”), in PPC’s acquisition and related financing of Temkin International, LLC and the assets of Temkin Packaging Colombia S.A.S. (together, “Temkin”).
  • Riverside sells stake in Team Technologies to Clearlake Capital GroupJones Day represented The Riverside Company in connection with the its sale of stake in Team Technologies Inc., a leading custom design and manufacturing partner to many of the world’s leading brands in the dental, cosmetic, and medical industries, to Clearlake Capital Group, L.P.
  • Goode Partners invests in Marolina OutdoorJones Day represented Goode Partners LLC in connection with its investment in Charleston, South Carolina-based Marolina Outdoor Inc., a manufacturer of performance apparel for fishing and hunting enthusiasts.
  • Riverside invests in HMI CardinalJones Day represented The Riverside Company in connection with its investment in and related financing of HMI Cardinal, a manufacturer and distributor of glass and metal products and associated hardware for shower enclosures, storefronts, and other applications.
  • Cleveland HeartLab acquired by Quest DiagnosticsJones Day advised Cleveland HeartLab, a leader in innovative diagnostic services for managing cardiovascular disease, in its acquisition by Quest Diagnostics.
  • Ferro acquires Endeka CeramicsJones Day represented Ferro Corporation, a leading global supplier of technology-based performance materials, in connection with its acquisition of Endeka Group, a global producer of high-value coatings and key raw materials for the ceramic tile market.
  • Chart Industries acquires Hudson Products for $410 millionJones Day advised Chart Industries, Inc. in its $410 million acquisition of Hudson Products Corporation.
  • MinuteKEY obtains summary judgment in dispute over insurer's duty to defend product disparagement claimsJones Day obtained a ruling on summary judgment that a Travelers subsidiary, Charter Oak, breached its duty to defend MinuteKEY, Inc. against allegations the self-service key duplication company falsely accused a competitor, Hillman Group, of patent infringement, and that Charter Oak failed to establish that an exclusion for intellectual property claims barred coverage.
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    April 2022 Commentary

    Policyholders Should Not Overlook Traditional Policies in Evaluating Coverage for Cryptocurrency-Related Risks

    December 2021 Alert

    New York High Court Finds Disgorgement Payment Insured "Loss" Rather Than Uninsurable "Penalty"

    October 2021 Alert

    Federal Court Rejects Application of D&O Policy's "Bump-Up" Exclusion to Merger Litigation

    June 2020 External Publications

    Creditors at the Gate: How Good Are Your Indemnities and D&O Insurance?, Pratt's Journal of Bankruptcy Law, LexisNexis, Vol. 16 | No. 4

    August 2012 Blog

    Evaluating Coverage Based on Policy Language, Not Labels: The Sixth Circuit Gets It Right In First Defiance Financial Corporation v. Progressive Casualty Insurance, Insurance Policyholder Advocate

    April 2010 External Publications

    BPA, Phthalates and the Law, Reprinted in The Metropolitan Corporate Counsel, Volume 18, No. 4

    March 2010 Commentary

    BPA, Phthalates, and the Law

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