Lawrence J. Bracken II

Larry Bracken has 38 years of experience litigating insurance coverage, class action and commercial cases in federal and state courts throughout the United States. Pro bono representation of clients in habeas corpus, prisoner rights and landlord-tenant litigation also is an important part of his practice.

Insurance Litigation and Counseling

• Represents clients in insurance coverage litigation and arbitration matters involving general and excess liability, environmental/PLL, E&O, technology E&O, D&O, first-party property, business interruption, inland marine, life, trade credit and builders risk coverage.

Coverage for Pollution/Toxic Tort Claims

• Advising nation’s largest petroleum products pipeline company in the negotiation and litigation of pollution legal liability and general liability insurance claims in connection with the release of gasoline from a company pipeline. Also advising the client about potential recoveries from contractors’ insurers and additional insured coverage.
• Advising major US electric utility concerning insurance coverage for alleged emissions from power generation plants.
• Representing energy client and bankruptcy trustee in the litigation and negotiation of pollution legal liability insurance claims concerning alleged environmental releases from petroleum refinery and coverage for related class actions.
• Negotiated and litigated $100 million+ of insurance coverage claims asserted against multiple excess liability policies involving seven separate releases from pipelines operated by major petroleum pipeline company.
• Represented major electric utility in the negotiation of multiple environmental insurance claims arising out of air and water releases.
• Advised multinational energy company in negotiation of pollution liability coverage for major US environmental site.
• Represented a major petroleum products pipeline company in an action for declaratory judgment against several US insurers arising out of a petroleum pipeline release.
• Litigated insurance coverage action in connection with environmental claims arising from closed coal gasification plant and waste facility, resulting in negotiated settlement of defense cost and indemnity exceeding $25 million.
• Litigated and settled insurance coverage claims asserted against excess liability insurers arising from catastrophic failure of mine company impoundment that resulted in third-party property damage and environmental claims.
• Advised manufacturers of various products concerning insurance coverage for asbestos claims.

CGL/Excess Liability Insurance

• Advising the nation’s largest freight and package delivery company concerning insurance issues arising out of several multiple fatality trucking accidents.
• Representing American energy company in a London arbitration seeking reimbursement from an excess liability insurer for defense costs and settlement of claims arising out of explosion at a petrochemical plant. Previously assisted the client with insurance recoveries exceeding $200 million for the incident.

Directors and Officers/Management Liability Insurance

• Tried eight D&O liability insurance matters to award in US courts and arbitration proceedings as lead counsel.
• Advised numerous public and private company clients concerning D&O liability coverage arising from securities and fiduciary claims.
• Advising major electric utility holding company concerning D&O insurance coverage for claims arising out of spinoff of affiliated company.
• Represented current and former executives of Fortune 50 financial services company to secure Side-A D&O coverage in connection with multiple government investigations and in derivative lawsuits filed in federal and state courts. The coverage issues involved a complex overlay of financial services regulatory agency investigations. The firm’s coverage advice facilitated settlement in one of the largest derivative settlements of all time.
• Lead counsel representing a Fortune 250 energy company in the negotiation, mediation and arbitration of claims involving coverage under $300 million D&O liability insurance tower. Underlying claims arose from insolvency of client’s foreign subsidiaries and related US securities litigation.
• Advised US energy company about D&O insurance coverage issues arising from US Attorney investigation of alleged mining regulation violations.
• Advised independent system operator in the placement of D&O liability and E&O liability coverage, and in connection with various actual and potential claims.
• Advised geothermal energy company about D&O insurance coverage issues, including coverage issues relating to acquisition of subsidiary in bankruptcy proceedings

First-Party Property and Business Interruption Coverage

• Represented municipality in litigation involving municipality’s commercial property policy seeking reimbursement for flood-related property damage and extra expense. Assisted client in recovering $24 million from its property insurers, as well as additional funds from FEMA.
• Represented major REIT concerning first-party insurance coverage issues arising out of property damage and construction errors at residential housing complex, resulting in recovery of full amount claimed by client.
• Litigated and negotiated the resolution of a business interruption/cost of replacement power claim on behalf of a major electric generation company, which arose from the failure of a transformer at a 575 MW coal generation unit, resulting in the extended shutdown of the unit.
• Negotiated the resolution of a property damage/business interruption claim on behalf of a major electric generation company, which arose from a fire at a 565 MW coal generation unit, resulting in the extended shutdown of the unit.
• Represented multiple clients in claims involving property damage and business interruption coverage arising from fire and explosion damage to industrial facilities and other operations, including bad faith claims.
• Advised Singapore-based commodity trading company concerning trade credit insurance coverage arising out of $100 million of non-payments by trading partners.
• Settled a $24 million builders risk claim, in pre-litigation mediation, for developer client arising from design errors during construction of a $300 million hotel and entertainment complex.

Class Action Litigation

• Class action practice concentrates on the defense of unfair trade practice/false advertising claims, privacy and data breach claims and consumer class actions. Lead counsel in more than 50 class actions.
• Represented a major US energy company in class actions alleging injury to consumers as a result of cyber-attack on company’s computer systems.
• Represented Fortune 25 technology company in a 226,000-member consumer class action in which plaintiff alleged false advertising and violation of unfair trade practices statutes in the advertising and sale of consumer electronics products. Obtained defense verdict after a three-week trial.
• Represented Fortune 25 technology company in multiple related state and nationwide consumer class actions in nine different states involving allegations of unfair and deceptive trade practices and breach of warranty in the advertising and marketing of consumer electronics and computer products. Member of client’s defense panel for 20 other cases involving 22 million putative class members. Assisted client to obtain a global settlement for a nominal amount after several defense victories.
• Defended national homebuilder and its affiliated mortgage company in defense of purported nationwide class action asserting violations of California Business & Professions Code §§ 17200 and 17500, as well as common law causes of action, alleging a scheme to increase home sale prices through improper practices and nondisclosures in the brokering and arranging subprime mortgages. All claims were dismissed on standing and Rule 12(b)(6) grounds before discovery commenced.
• Represented nation’s largest residential mortgage lender and one of the nation’s largest banks in putative class action seeking statutory damages for alleged failures to cancel mortgage instruments within statutory period.
• Represented national mortgage lender in putative class action seeking refunds of closing fees and charges that allegedly exceeded limits allowed under state law, resulting in de minimis settlement after District Court granted motion for summary judgment on all counts.
• Represented a national grocery store chain in a privacy class action in which plaintiff asserted violations of state consumer tampering statute, as well as common law claims. The putative class claimed that the defendant’s website utilized flash cookies to track plaintiff’s web browsing activities.
• Represented major payment processor in data breach class action. Case resolved favorably for client prior to discovery and all except a single count of the complaint were dismissed on motions.
• Represented major payment processor in class action alleging that client improperly charged early termination fees and allegedly engaged in unfair and deceptive trade practices. Case resolved favorably to our client after motion to dismiss was filed.
• Represented national homebuilder and affiliated mortgage company in defense of federal court nationwide class action in which plaintiff alleged improper practices and nondisclosures in brokering and arranging subprime mortgages. Court granted defendants’ motion to dismiss, resulting in dismissal of all counts with prejudice.
• Represented national homebuilder and affiliated mortgage company in defense of class actions alleging improper practices and nondisclosures in brokering and arranging subprime mortgages. Court granted clients’ motion to dismiss all claims with prejudice.
• Defended national homebuilder and affiliated mortgage company in defense of class action alleging violations of RESPA and North Carolina UDTPA, arising out of alleged requirement that homebuyers use defendants’ affiliated settlement services and other allegedly illegal mortgage brokerage practices. Obtained dismissal of all but one claim, resulting in highly favorable settlement.
• Defended large national bank in the defense of purported nationwide class action alleging unfair trade practices and breach of common law duties arising from the bank’s ATM overdraft charge practices and procedures. Negotiated settlement with named plaintiff and case dismissed.
• Represented national homebuilder and affiliated mortgage company in defense of class action alleging improper practices and nondisclosures in brokering and arranging subprime mortgages. Case was settled favorably after one-day mediation.
• Represented Fortune 25 company in alleged nationwide consumer class actions involving allegations of unfair and deceptive trade practices in the advertising and marketing of personal computers. Obtained favorable settlements after discovery, which were approved by trial courts.
• Represented major internet service provider in alleged nationwide consumer class action claiming that ISP improperly charged fees to subscribers. Obtained dismissal of claims and case ultimately settled.

Commercial Litigation

• Defended Fortune 50 financial services company in suit by IT infrastructure provider alleging breach of a technology services outsourcing contract. Conducted fast-track discovery and obtained summary judgment for client on majority of issues, resulting in favorable settlement of the few remaining claims.
• Represented major US food processing company in claims against IT infrastructure provider arising out of errors and contract breaches in the installation and operation of the client’s IT systems under a multi-year $80 million outsourcing contract. Negotiated favorable resolution for client in mediation immediately before filing suit.
• Advised multiple Fortune 500 clients in confidential pre-litigation negotiations and mediation arising from IT infrastructure and technology services agreements, resulting in negotiated settlements.
• Represented electric power company in dispute with engineering/construction firm regarding construction of biomass-burning power plant. Obtained favorable settlement for client prior to trial.
• Defended suit alleging misappropriation of trade secrets by global software development company in the development of health insurance claims software. Negotiated settlement after extensive discovery.

• Recognized as a Leader in Insurance, Georgia, Chambers USA, 2021-2024
• Named a Best Lawyer, Commercial Litigation, Insurance Law, Litigation–Banking and Finance, The Best Lawyers in America–Georgia, 2012-2024
• Selected as a Super Lawyer for Insurance Coverage, Atlanta Magazine and Georgia Super Lawyers Magazine, 2005-2024
• Recipient of the Emory Public Interest Committee’s 2024 Lifetime Commitment to Public Service Award
• 2015 Justice Ally of the Year Award–Southern Center for Human Rights

• Fellow, American College of Coverage Counsel
• Board of Directors and Executive Committee, Atlanta Volunteer Lawyers Foundation
• Member, Georgia State Bar Disciplinary Rules and Procedures Committee, 2008-2011, 2015-2018 
• Master, Bleckley Inn of the American Inns of Court
• Member, American Bar Association