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Darin J. McMullen

Shareholder
dmcmullen@andersonkill.com

Philadelphia

T. 267-216-2708
F. 215-568-4573

Practice Areas


Insurance Recovery
Hospitality
Cyber Insurance Recovery
Corporate and Commercial Litigation
Employment and Labor Law

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Darin J. McMullen is a shareholder in the Philadelphia office of Anderson Kill.  Mr. McMullen’s practice is concentrated in representing corporate policyholders in obtaining insurance recovery in complex coverage claims.  He is also a member of Anderson Kill's Financial Services Industry group, Hospitality Industry Practice group, as well as the firm's Cyber Insurance Recovery group.

Mr. McMullen represents policyholders in a wide variety of first and third-party coverage matters including property loss, business interruption claims, bad faith claims, EPLI insurance coverage, D&O and E&O claims, as well as construction-related coverage disputes.  Mr. McMullen's clients include large international companies as well as privately held businesses engaged in a variety of industries including manufacturing, hospitality, biotech, and construction.  Mr. McMullen has also been extensively involved with insurance recovery efforts following Hurricanes Katrina and Rita and, as a result, has served on the American Bar Association's Task Force on Disaster Insurance Coverage.

In addition to his insurance coverage practice, Mr. McMullen also has a broad commercial and employment litigation background as well as providing clients with employment advice.  Mr. McMullen has trial experience in Federal and State Courts and also has been involved in numerous alternative dispute resolution efforts, including arbitration and mediation.

Publications

"Make Sure Your Employment Practices Liability Insurance Covers the Right Risks," Focus (Industry News), published by the New York State Hospitality & Tourism Association (Fall 2014)

"Is Your Employment Practices Liability Insurance Covering the Right Risks?," Law360 (October 3, 2014) and Anderson Kill Hospitality Alert (September 2014)

"Pennsylvania Superior Court Opens Door to Coverage of Faulty Workmanship Claims," Mealey's Litigation Report: Construction Defects Insurance (April 2014) and  Anderson Kill Pennsylvania Alert (March 2014)

"Effectively Managing Social Media Risks," Risk Management magazine (October 2013) (with Joshua Gold)

"What To Do About Social Media Risks," Focus (Industry News), published by the New York State Hospitality & Tourism Association (Summer 2013)

"Insurance Companies Stopped From Seeking Reimbursement From Policyholders - Not Taking Reservations," AKO Policyholder Advisor (May/June 2012) (with William G. Passannante)

"Proven Strategies For Effective Risk Transfer and Maximizing Insurance Recovery," Association of Corporate Counsel Central Florida Chapter FOCUS (May 2012)

"Risk Management for Social Media," Hospitality Lawyer.com (June 2012), Advisen (May 21, 2012) and Corporate Counsel magazine (April 2012)

"Buying the Right Employment Practices Liability Insurance Policy," Risk Management Magazine (November 2011) (with Robert M. Horkovich)

"GOODNIGHT, IRENE: Tips for Effectively Putting Hurricane-Related Insurance Claims to Rest," AKO Policyholder Alert (September 1, 2011)

"The ABCs of Employment Practices Liability Insurance Coverage," Risk Management Magazine (November 2010)

"Recent Caselaw From Retrospective Rating Plan Disputes," Risk Financing Perspectives, Vol. 27, No. 1 (January 2010)

"Using ADR to Resolve Insurance Coverage Disputes," The Legal Intelligencer, Pennsylvania Law Weekly (July 2009)

"An Eye On Mass Tort Litigation Insurance Coverage," Insurance Law360 (July 9, 2009) (with William H. Pillsbury)

"A Prospective Primer on Retrospective Premium Policies," AKO Policyholder Advisor, Vol. 18, No. 1 (January/February 2009) and Corporate Counsel (March 2009)

"Are You Getting What You Expected (And Paid For) The Reasonable Expectations of Insurance Policyholders, and the Need for Courts to Enforce Them, Including After Hurricane Katrina," Coverage (January/February 2007) (with John N. Ellison and Frederick A. Pettit)

"The Rumors of Demise Have Been Greatly Exaggerated: The Insurance Industry's Overstated 'Success' in Leonard v. Nationwide Mutual Ins. Co."  LexisNexis Mealey's Litigation Report Catastrophic Loss, Vol. 1, No. 12 (September 2006) (with John N. Ellison)

Speaking Engagements

"Oy, Cyber Again (Still?)," 18th Annual Policyholder Advisor Conference, New York, NY (October 23, 2014) (with Joshua Gold)

"What Every Risk Manager Needs to Know About Data Security," Memphis PERK RIMS Chapter, Memphis, TN (August 21, 2014) (with Joshua Gold)

"Ten Insurance Tips for a Risk Management Department," 39th Annual Florida RIMS Educational Conference, Naples, FL (August 1, 2014)

“What’s Hot in 2014: How Banks Can Meet Their Risk Management and Compliance Demands,” Anderson Kill Seminar, Philadelphia, PA (June 18, 2014) (with Inez M. Markovich and Frank G. Murphy)

"What Every Risk Manager Needs to Know About Data Security," RIMS PERK Sacramento Chapter, Rancho Cordova, CA (May 14, 2014)

"Maximizing Your Insurance Recovery," Anderson Kill's 2nd Annual New Jersey Policyholder Advisor Conference, Iselin, NJ (April 24, 2014) (with Steven J. Pudell, Robert D. Chesler, Dennis J. Artese and Joshua Gold)

"When is Alternative Dispute Resolution Really The Best Alternative?," Association of Corporate Counsel DELVACCA Chapter 6th Annual In-House Counsel Conference, Philadelphia, PA (April 3, 2014) (with Pamela D. Hans)

"The Perspective of the Policyholder's Bar: How Insurers Can Avoid Bad Faith Claims and Tailoring Your Litigation Strategies to the Latest Waive of First-Party and Third-Party Claims Being Asserted," American Conference Institute's 27th National Advanced Forum on Bad Faith Litigation, Philadelphia, PA (March 31, 2014)

"Incorporating Supply Chain & Enterprise Risk Management Into Your Insurance Program & Captive Structure" Seminar Series, New York, NY (March 27, 2014) (with Phillip England)

"Ten Things You Always Wanted to Know About Contractual Risk Transfer Programs," Central Pennsylvania Chapter of the Association of Corporate Counsel, Harrisburg, PA (March 20, 2014) (with Pamela D. Hans)

"The Ins and Outs of Interpreting and Applying D&O and E&O Policy Exclusions," American Bar Association Tort Trial & Insurance Practice Section - Quenching a Thirst for Coverage: Navigating the Shimmering Sands of Insurance, Phoenix, AZ (February 21, 2014) 

"View From the Policyholders' Bar: Tailoring Your Bad Faith Strategies to the Latest Wave of Claims Being Asserted," American Conference Institute's 26th National Advanced Forum: Bad Faith Litigation, Miami, FL (November 21, 2013)

"Incorporating Supply Chain & Enterprise Risk Management Into Your Insurance Program & Captive Structure," Anderson Kill Seminar Series, Philadelphia, PA (October 24, 2013)

"State of the Market, The Brokers' Perspective," Moderator, 17th Annual Policyholder Advisor Conference, New York, NY (October 17, 2013)

"Insurance, Risk and Claims Management," Hospitality Lawyer.com Webinar, Ventura, CA (September 11, 2013)

"Risk Management Post-PPACA," Virginia RIMS Chapter, Williamsburg, VA (July 12, 2013)

"What Every In-House Counsel Needs to Know About Data Security," Delaware Valley Association of Corporate Counsel Seminar, Philadelphia, PA (April 23, 2013) (with Robert D. Chesler)

"Risk Management Issues: Loss Mitigation Strategies for Port Authorities," AAPA Port Administration and Legal Issues Seminar, Boston, MA (April 10, 2013) (with Rhonda D. Orin)

"Performance Review: Is Your Insurance Coverage For Employment-Related Claims Working to Its Potential?," Detroit RIMS Insurance Day, Troy, MI (February 26, 2013)

“@SmartRiskManagement:  How Can I Avoid Risk Management Disasters Arising Out of the Use of Twitter and Other Social Media? #risk mitigation #protocols #procedures #employees,” RIMS PERK Potomac Chapter, Washington, DC (February 20, 2013) (with Daniel J. Healy)

"No Boundaries: Employment Related Claims in Times of Economic Stress and a Borderless Workplace," RIMS Broward County Chapter, Fort Lauderdale, FL (January 16, 2013) (with Joshua Gold)

"Insurance Claims, Coverage and Strategies in a Natural Disaster," Baltimore Association of Corporate Counsel Chapter Meeting, Baltimore, MD (December 11, 2012) (with Rhonda D. Orin)

“@SmartRiskManagement:  How Can I Avoid Risk Management Disasters Arising Out of the Use of Twitter and Other Social Media,” Bar Association of Lehigh County, Allentown, PA (December 4, 2012)


"@SmartRiskManagement:  How Can I Avoid Risk Management Disasters Arising Out of the Use of Twitter and Other Social Media," Kentuckiana/Bluegrass RIMS Chapter, Simpsonville, KY (November 15, 2012)

“Social Media: Avoiding Risk Management and Insurance Recovery Disaster,” 16th Annual Policyholder Advisor Conference, New York, NY (October 25, 2012) (with David P. Bender, Jr. and Richard C. Mosher)

"@SmartRiskManagement:  How can I avoid risk management disasters arising out of the use of Twitter and other social media? #risk mitigation #protocols #procedures #employees," Central Florida PERK RIMS Chapter, Orlando, FL (October 18, 2012) 

"Risk Management Disasters Arising Out of the Use of Twitter and Other Social Media," PERK RIMS Tampa Bay Chapter, Tampa Bay, FL (October 17, 2012)

"Understanding the Mechanism & Tools for Protecting Your Business Through Contractual Risk Transfer," New Jersey Corporate Counsel Association Annual Conference, Whippany, NJ (September 21, 2012) (with Steven J. Pudell)

"No Boundaries: Employment Related Claims in Times of Economic Stress and a Borderless Workplace," RIMS Greater Miami Chapter, Miami, FL (August 2, 2012)

“@SmartRiskManager: How can I avoid risk management disasters arising out of the use of Twitter and other social media?  #risk mitigation #protocols #procedures #employees,” Orange County RIMS Chapter PERK Program, Orange, CA (July 10, 2012) (with David P. Bender, Jr.)

"@SmartRiskManager: How can I avoid risk management disasters arising out of the use of Twitter and other social media? #risk mitigation #protocols #procedures #employees," Great Plains PERK RIMS Chapter, Omaha, NE (May 22, 2012)

"@SmartRiskManager:  "How can I avoid risk management disasters arising out of the use of Twitter and other social media? #risk mitigation #protocols #procedures #employees," Saskatchewan RIMS Chapter, Saskatoon, Canada (February 16, 2012)

"View from the Policyholders' Bar," ACI's 22nd Annual National Advanced Forum on Bad Faith Litigation, Orlando, FL (November 30 - December 1, 2011)

"Contractual Risk Transfer," RIMS Maritime Chapter Workshop, Lower Sackville, Nova Scotia (November 14-15, 2011) (with Joshua Gold)

"Ultrafine Print: How to Read an Insurance Policy," New Jersey RIMS Risk Management Day, New Jersey (November 8, 2011) (with Steven J. Pudell)

"Top Ten Insurance Tips for a Corporate Law Department," New Jersey Corporate Counsel Association's 2011 Annual CLE Conference, East Hanover, NJ (September 23, 2011) (with Steven J. Pudell)

"Pros and Cons of Alternate Mechanism in WTC and BP Cases," 15th Annual Pennsylvania Bar Insurance Institute, Philadelphia, PA (April 7, 2011)

"Employment Practices Liability Risk Management," OCRIMS Spring 2011 Workshop, Orange, CA (April 5, 2011)

"Ultrafine Print: How to Read an Insurance Policy," 2010 PERK Risk and Insurance Management Society New Jersey Chapter, New Jersey (November 9, 2010) (with Steven J. Pudell)

"A Pragmatic Approach for Addressing the Issue of Odorant Fade," Natural Gas Odorization International Conference & Exhibition, Houston, TX (May 25, 2010)

"Understanding the Basics of Insurance Coverage Disputes to Enhance Your ADR Practice," 11th Annual Spring Conference ABA Section of Dispute Resolution, New York, NY (April 16, 2009) (with Kenneth E. Sharperson and Frederick A. Pettit)

"Ten Tips for a Corporate Law or Risk Management Department," Greater Kansas City RIMS Chapter, Kansas City, MO (November 11, 2008)

"Top 10 Insurance Tips for a Risk Management or Corporate Law Department," Orange County RIMS Chapter Meeting, Irvine, CA (October 7, 2008)

"Changes In The Law," (with Dennis Artese), 11th Annual Policyholder Advisor Conference, New York, NY (September 18, 2008)

"The Art of War:  How to Use Litigation and Alternative Dispute Resolution Methods in the Claim Process," Orange County RIMS Chapter (August 5, 2008)

"Ten Tips for a Corporate Law or Risk Management Department," Arizona RIMS, Phoenix, AZ (April 9, 2008)

Bar Admissions

Pennsylvania, United States District Court for the Middle and Eastern Districts of Pennsylvania, United States Court of Appeals for the Third and Fifth Circuits.

Professional Memberships

Philadelphia Bar Association; American Bar Association, Member Section on Litigation, Tort and Insurance Practice.

Activities

Mr. McMullen is a member of the American and Philadelphia Bar Associations.  Mr. McMullen also served on the 2008 ABA/TIPS Task Force on Disaster Insurance Coverage in 2005.

Education

Widener School of Law, J.D., summa cum laude
     Editor-in-Chief of Widener's Law Review
University of Pittsburgh, B.A.



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