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Industries & Practices

Fidelity, Surety & Coverage

Clark Hill has attorneys who have focused on fidelity and surety law, as well as other coverage matters, for more than six decades. We are considered by many insurers and reinsurers as the preeminent fidelity and surety law firm in the United States, having achieved excellent results in many of the largest and most challenging claims the industry has known.

The Fidelity group consists of a broad range of lawyers at various experience levels who devote either all or the overwhelming majority of their practice to fidelity, cyber and financial institution matters. We handle claims involving every type of imaginable insured, from Fortune 100 companies, to mom-and-pop businesses, from banks and savings and loans, brokers/dealers and registered representatives, and real estate agents, to casinos, oil and gas companies, titanium manufacturers, and dairy farmers. We counsel clients in policy drafting and underwriting issues to assist them in avoiding problems that have befallen other insurers.

Our Surety lawyers similarly represent all facets of the industry, including performance, payment, probate, public officials, subdivision, and various other miscellaneous commercial surety bonds. Our lawyers have successfully handled complex contract surety claims, guiding sureties through pre-default investigations and negotiations and completion of construction projects after default, including drafting and negotiating completion contracts, takeover agreements, ratification agreements, financing agreements, and other pertinent surety agreements.

We handle complicated and varied commercial surety bond claims, from the initial investigation and analysis to conclusion. We are equally adept at protecting the surety’s interests in bankruptcy proceedings, including pre-bankruptcy and post-filing negotiations of reorganization plans, conflicts regarding unpaid proceeds of bonded contracts, negotiations regarding assumption of bonded obligations, debtor in possession financing, and other issues.

Our Fidelity and Surety lawyers have been involved in and achieved excellent results in many of the largest and most complicated claims and construction projects the industry has known. These include claims involving Bernie Madoff, Lou Pearlman, and mega social engineering and cyber-crime claims, to Enron, HealthSouth, and WorldCom to claims involving some of the largest defaults in the country. From the quiet days of the 1960s to the mercurial 1980s, which brought the banking and real estate crisis, to the current days of electronic banking and cyber-crime claims, our lawyers have been at the forefront of the industry, having been the primary counsel in seminal and other critical reported decisions in the for decades.

Our lawyers have been called upon by leading industry groups to act as advisors, including serving as Chairs of the Fidelity & Surety Law Committee of the ABA, and as Advisors to Fidelity Law Association and The Surety & Fidelity Association of America, and to act as amicus counsel in cases of national prominence. Our lawyers have also written the most sought-after books and articles on fidelity and surety law.

Clark Hill’s Fidelity, Surety & Coverage group recognizes the critical importance of diversity in the legal industry, and is proud to actively participate in the firm’s diversity initiatives. Of the group’s 20 lawyers, six are women, two are lawyers of color, and two identify as LGBT. The group has and will continue to work hard at actively recruiting diverse lawyers, law clerks, and staff.