David A. Shaneyfelt is a shareholder at Anderson Kill Wood & Bender, P.C., one of the nation's leading law firms specializing in insurance policy enforcement. He is a former trial attorney with the U.S. Department of Justice in Washington, D.C., with extensive background in complex civil litigation.
At the Department of Justice, Mr. Shaneyfelt assisted in implementing the Federal civilian drug testing program covering more than one million employees throughout the Federal workforce, including at the FBI, DEA, Bureau of Prisons, Secret Service, and Treasury Department. He also assisted in the successful defense to the numerous Constitutional challenges brought against that program. He also handled litigation involving the wind-up of lengthy Title VII class action suits against both the Department of Agriculture and the Small Business Administration.
He left Washington, D.C. to engage in private practice in Chicago, where he was involved in a wide-array of complex state and Federal litigation, including employment law, and at the trial and appellate levels. In 1997, he joined his alma mater, Thomas Aquinas College, where he worked as in-house counsel.
Representative Engagements
Mr. Shaneyfelt has represented numerous private and public entities in coverage disputes against insurance carriers and joint powers agencies. He recently won a binding arbitration hearing against the London and Bermuda reinsurance markets on a significant coverage dispute involving the 2003 California wildfires. He also represents two major California municipalities in separate challenges regarding policy benefits, one of which arises under comprehensive litigation involving a city's affordable housing program, which he also defends. He prevailed against the carriers of another California municipality in a coverage matter before the court of appeal.
Publications
Mr. Shaneyfelt is an author of the guide, Corporate Policyholders' 50-State Guide: The Right to Independent Counsel, the first state-by-state guide that equips in-house counsel to address the legal conflicts that may occur when a policyholder needs legal representation and the insurance company selects the attorney.
Mr. Shaneyfelt has also written numerous articles on insurance coverage. Recent publications include:
"10 Tips for When You Receive a Reservation of Rights Letter," Risk Management Magazine (May 2010)
"Why a Reservation of Rights Letter Is a Reservation for Trouble," The John Liner Review (Spring 2010)
"'So, You Might Not Accept Defense Of Our Claim?' Using The Reservation Of Rights Letter To Your Advantage," Corporate Counsel (May 2009)
“When Your Insurance Carrier Must Provide You A Second Attorney – Appointing No. 2 To Look Out For No. 1,” (Part II in a two-part series) Enforce, The Insurance Policy Enforcement Journal (2008) Vol. 6, Issue 1.
“When Your Insurance Carrier Must Provide You A Second Attorney,” (Part I in a two-part series) Enforce, The Insurance Policy Enforcement Journal (2007) Vol. 5, Issue 1.
“Collecting Benefits After Resigning,” Chicago Tribune (June 25, 1995), At Work Column, at Sec. 8, "Jobs," at 1.
“Is 60-Year-Old Being Forced Out?,” Chicago Tribune (Apr. 23, 1995), At Work Column, at Sec. 8, "Jobs," at 1.
“Ten Things Not To Do In Setting Up A Drug Testing Program,” Drugs In The Workplace Newsletter (Nov. 1994).
“Drug Testing Of Employees,” DuPage County Bar Journal (Jan. 1993) at 13-18.
“Withholding Or Withdrawing Life Sustaining Treatment,” Oregon State Bar Health Law Manual Ch. 42 (1990) (co-authored with Jodie Ann Noon and Jeane Sarti).
“Will Labor Unions Support Drug Testing?,” Human Events (Dec. 28, 1991) at 10.
“Courts Are No Place For Fun and Frivolity: A Warning to Vexatious Litigants and Over-Zealous Attorneys,” 20 Willamette Law Review 441-93 (1984).
“Personnel Changes in the Oregon Supreme Court,” 19 Willamette Law Review 316-22 (1983).
Speaking Engagements
"Claims Handling - How to Get Claims Paid During Difficult Economic Times," Orange County RIMS Chapter, Orange, CA (May 4, 2010) (with Robert M. Horkovich)
Reception Host, Association of Corporate Counsel, Mountain West Chapter, Park City, UT (February 26, 2010)
"Hospitality Industry Insurance Litigation Update - 2009," Hospitality Law Conference, Houston, TX (February 4, 2010)
"Meet Your Counterpart: The Lawyer You Didn't Think You Needed - An Insurance Discussion," Association of Corporate Counsel San Diego, San Diego, CA (November 10, 2009)
"Effective Legal Writing," MCLE course, Ventura, CA (January, 2009)
"Protecting Your Coverage Rights After A Claim," IRMI (Insurance Risk Management Institute) 27th Annual Construction Risk Conference, Orlando, FL (October 29, 2007) (am/pm sessions) (co-presenters, Jill Berkeley, Teresa Martin, & David Wood)
"Affordable Housing Litigation: Insurance Coverage Strategies; Summary Judgment," MCLE Course, Ventura, CA (January, 2006)
"The Law of Title VII Religious Discrimination," MCLE Course, Great Lakes Center for Law and Justice, Maumee Bay, OH (October, 1998)
"The Law of Title VII Religious Discrimination," MCLE Course, Great Lakes Center for Law and Justice, Mackinac Island, MI (October, 1997)
"An Overview of the Law of Drug Testing in the Workplace," MCLE Course, Corporate Committee Section, DuPage County Bar Association, Wheaton, IL (March, 1993)
"Testimony Before the U.S. Department of Transportation Public Hearing on Proposed Alcohol and Drug Regulations," Chicago, IL (March, 1993).
"Workplace Drug Testing," Chicago Southland Chamber of Commerce, Harvey, IL (April, 1992)
"Drugs in the Workplace," Conference On Workplace Initiatives, San Diego, CA (June, 1989)
"Implementation of the Federal Drug Testing Plan," Tier II & III Federal Agencies, Oceanside, MD (May, 1989)
"Drugs in the Workplace," Michigan Chamber of Commerce, Ann Arbor, MI (September, 1988)
"Federal Drug Testing," Federal Sector Committee, Ft. Meade, MD (May 1988)
"Implementation of the Federal Drug Testing Plan," Tier I Federal Agencies, Charlottesville, VA (June, 1988)
"Implementation of the Bureau of Prisons Drug Testing Plan," Federal Bureau of Prisons Management Conference, Cherry Hill, NJ (February, 1988); Dallas, TX (March, 1988)
Bar Admissions:
California, Illinois, Oregon (inactive)
Central District of California
Northern District of California
Northern District of Illinois
Central District of Illinois
Western District of Washington
Southern District of Mississippi
District of Hawaii
Ninth Circuit Court of Appeal
Seventh Circuit Court of Appeal
U.S. Supreme Court
Memberships:
American Bar Association, California Council of School Attorneys
