Brian D. McDonald

Partner

San Francisco + 1.415.875.5762

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Brian McDonald has represented policyholders in major coverage disputes for more than 20 years and has helped clients secure hundreds of millions of dollars in insurance recoveries for extraordinary losses. He represents policyholders in litigation and negotiations of insurance claims with a focus on cyber liability and directors and officers (D&O) liability.

Brian has counseled policyholders on a wide variety of cyber insurance matters, including defense of privacy breach claims and class action litigation for disclosure of personally identifiable information and confidential business information; internal data breach investigations; notification and mitigation costs resulting from data breaches; defense of regulatory proceedings related to data breaches and system interruptions; costs to remediate and restore lost data and damaged computer systems; ransomware and extortion demands; and lost business profits and extra expense resulting from cyber incidents.

Brian has also advised policyholder clients regarding insurance for D&O liability, including claims for defense of state and federal securities class actions; shareholder derivative demand investigations; state and federal derivative actions; internal company investigations; interviews by state and federal government regulatory agencies; and governmental investigations and litigation proceedings.

Brian also advises clients on the design, negotiation, and purchase of corporate insurance programs.

Experience

  • WEG acquires industrial electric motors and generators business from Regal Rexnord CorporationJones Day advised WEG S.A. in the $400 million acquisition of the industrial electric motors and generators business of Regal Rexnord Corporation.
  • VSE Corporation acquires Turbine Controls, Inc.Jones Day advised VSE Corporation in the $120 million acquisition of Turbine Controls, Inc., a provider of maintenance, repair and overhaul (MRO) support services for complex engine components, as well as engine and airframe accessories, across commercial and military applications.
  • Signature Aviation acquires MeridianJones Day advised Signature Aviation in the acquisition of Meridian, an award-winning private aviation company with bases in Teterboro, NJ (TEB) and Hayward, CA (HWD).
  • Major retailer obtains insurance coverage for cyberattackJones Day was retained by a major retailer to obtain cyber insurance coverage for a cyberattack that resulted in significant business interruption losses.
  • Roper Technologies subsidiary acquires business of RepliconJones Day advised Roper Technologies, Inc. in the acquisition by subsidiary Deltek, the leading global provider of software and solutions for project-based businesses, of the business of Replicon, Inc., a provider of unified time tracking solutions that bring together Project Delivery, Finance, and HR on a single platform, purpose-built for project and services-centric organizations.
  • Hard Rock International acquires The Mirage Las Vegas Hotel and CasinoJones Day represented Hard Rock International (Hard Rock) on the acquisition of The Mirage Las Vegas Hotel and Casino in Las Vegas from MGM Resorts International.
  • Riverside portfolio company acquires Motivating Systems LLCJones Day represented The Riverside Company in connection with the acquisition and financing by portfolio company Navigate360 of Motivating Systems LLC, a leading provider of behavioral management software to K-12 schools and districts.
  • Engage PEO acquires Fusion Employer ServicesJones Day advised Engage PEO in the acquisition of Fusion Employer Services, a Lawrenceville, New Jersey-based professional employer organization which has deep roots in the New Jersey market and a reputation for high-quality specialty services, including payroll and tax, human resources management, a full range of benefits, 401(k), and workers' compensation.
  • DigitalBridge’s DataBank acquires Houston-area data centers from CyrusOneJones Day advised DigitalBridge Group Inc.’s DataBank subsidiary in the $670 million acquisition of four existing data centers in the Houston, TX metro area from CyrusOne.
  • American Pacific Group acquires FellersJones Day advised American Pacific Group in the acquisition of Fellers Inc., a distributor of vinyl wrap films and supplies.
  • Milliken & Company acquires Encapsys, LLCJones Day advised Milliken & Company in its acquisition of Encapsys, LLC, a world leader in microencapsulation delivery systems for the building, construction, paper, bedding and personal care industries.
  • Signature Aviation purchases Vail Valley Jet Center FBOJones Day advised Signature Aviation Ltd. in the acquisition of Vail Valley Jet Center, the fixed-base operator (“FBO”) at Eagle County Regional Airport (Airport code: EGE) in Gypsum, Colorado, serving the Vail Valley.
  • American Pacific Group portfolio company acquires Abacus Solutions LLCJones Day advised American Pacific Group in connection with the acquisition by portfolio company Fresche Solutions of Abacus Solutions LLC, a leading provider of IBM cloud, managed services, and infrastructure solutions.
  • Sensata Technologies acquires Spear Power SystemsJones Day advised Sensata Technologies in its acquisition of Spear Power Systems, a leader in lithium-ion based energy storage solutions for mission-critical and demanding end user applications.
  • Wells Fargo amends facilities secured by mortgages on healthcare and life science propertiesJones Day represented Wells Fargo Bank, National Association, as administrative agent, in connection with the amendment of a $750 million revolving credit facility, $200 million term loan facility, and related intercreditor arrangements, which among other things, secured the facilities with mortgages on close to 100 healthcare and life science properties across the country.
  • Wells Fargo amends $1.4 billion revolving and term credit facilities secured by mortgages on travel centers and hotelsJones Day represented Wells Fargo Bank, National Association, as administrative agent, in connection with the amendment of $1.4 billion revolving and term credit facilities, which among other things, secured the facilities with mortgages on close to 100 travel centers and hotels across the country.
  • Jones Day secures third-in-a-row victory defeating bankrupt law firms' claims over former clients' mattersOn February 13, 2020, the D.C. Court of Appeals unanimously ruled in favor of Jones Day in the years-long lawsuit brought by the bankruptcy estate of Howrey LLP asserting claims for so-called "unfinished business."
  • Sony Pictures obtains insurance coverage for losses arising from liabilities arising from 2014 cyberattackJones Day represented Sony Pictures Entertainment Inc. in obtaining insurance coverage for the 2014 cyberattack by North Korean hackers, from 2015 to 2019.
  • LensCrafters defeats insurer challenge to coverage for data privacy class actionsJones Day represented Luxottica Retail North America and its affiliate LensCrafters in obtaining insurance coverage under a Managed Care E&O Policy for the cost of defending consumer class action litigation.
  • Jones Day team wins asylum for two Guatemalan women and their four minor childrenA Guatemalan woman and her daughter-in-law who had both endured extreme violence and oppression fled Guatemala and entered the United States with their four minor children.
    • View All

    January 2025 Commentary

    Navigating Insurance for the Los Angeles Wildfires: What You Need to Know

    July 2024 Commentary

    Anticipating Artificial Insurer Defenses: Maximizing Insurance Coverage for AI Exposures

    July 2024 Commentary

    California Supreme Court: CGL Policies Permit "Vertical Exhaustion" for Long-tail Continuous Injuries

    June 2024 Newsletters

    What About Your Suppliers? Insuring Against Climate Risks to Your Supply Chain

    January 2023 Commentary

    Four Ways to Protect Your Cyber Insurance in Today’s Challenging Market

    March 2022 Alert

    Political Risk Insurance May Cover Business Losses Resulting From Russia's Invasion of Ukraine

    August 2016 Alert

    "Intellectual Property" Exclusion does not Bar Insurance Coverage for Claims under Patent Licensing Agreement

    July 25, 2016 External Publications

    What to Know About Liability and Legal Costs Arising from the Development and Use of Mobile Device Applications, Insurance Journal, July 25, 2016, Vol. 94, No. 14, pp. 26, 28.

    Additional Publications

    • July 2019
      The Guide to Cyber Investigations, Global Investigations Review: Chapter 5 Insurance (co-authored with Richard DeNatale).

    Additional Speaking Engagements

    • January 28, 2021
      The Year of Working Remotely: Ethical Issues and Telework
    • January 27, 2021
      Insurance Coverage: What Your Company Needs to Know About Emerging Legal Issues for COVID-19 Risks
    • September 30, 2020
      ABA Civil Commotions Insurance Claims Webinar
    • September 15, 2020
      GDPR and CCPA Insurance Coverage Issues: Disclosure/Deletion Violations, Regulatory Claims, Statutory Damages
    • January 27, 2017
      Top 10 Tips to Help In-House Counsel Maximize Their Company's Insurance Assets
    • January 24, 2017
      Cybersecurity and Data Privacy: 2016 Year-End Review and What Lies Ahead in 2017
    • January 5, 2017
      Bad Faith Claims When Verdicts Exceed Policy Limits: Navigating Nuances of the Insurer's Duty to Settle
    • January 2016
      Insurance Coverage Fundamentals and Best Practices – What In-House Counsel Needs to Know to Manage Risk on the Front End and After A Loss or Claim
    • July 16, 2014
      Insurance and Bankruptcy: Coverage Issues When Insured Files for Bankruptcy, Bar Association of San Francisco
    • April 15, 2010
      Insurance 101: What Every In-House Lawyer Needs to Know, Bar Association of San Francisco
    • January 13, 2010
      Insurance Essentials for In-House Lawyers, Jones Day CLE Event, Jones Day San Francisco
    • November 7, 2007
      Deposition Skills Training Workshop, Bar Association of San Francisco

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