
Education
J.D., summa cum laude, George Mason University School of Law; Mason Law Scholarship; Moot Court Board
M.B.A., Virginia Polytechnic Institute and State University
B.S., magna cum laude, Auburn University; Sigma Lambda Chi Honor Society
Law Journals
Member, George Mason Law Review
Bar and Court Admissions
District of Columbia Bar
Virginia Bar
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Eastern District of Virginia
Certifications
Legal Lean Sigma Institute (LLSI) White Belt
Practice Areas
Ted serves as coverage counsel for claims under professional liability and general liability policies, with a focus on media, technology, and privacy-related exposures. He routinely advises insurers in connection with cyber insurance and other first- and third-party technology risks.
Ted also represents lawyers, accountants, and other professionals in complex professional liability matters. Drawing on his background in financial reporting, Ted routinely works on matters involving complex financial or accounting-related issues.
Representative Experience
Cyber, Technology & Media Insurance Counseling
- Counsels insurers on first-party claims involving cyber-related incidents, including claims for business interruption, data recovery, cyber extortion, and other first-party coverages.
- Represents insurers for third-party claims arising from cyber-and privacy-related matters, including for technology-related professional services.
- Advises insurers on media liability exposures and associated claims.
- Counsels insurers on cyber-related policy provisions.
- Represents insurers on cyber-related coverage issues under traditional coverage lines, including directors and officers liability, commercial crime, general liability, commercial property, and kidnap and ransom insurance policies.
Professional Liability Litigation
- Successfully represented surety in affirmative suit against construction contractor and former officer in Virginia federal district court for fraud and negligent misrepresentation arising from faulty financial statements leading to issuance of surety bonds. After surety prevailed on the former officer’s motion to dismiss and after discovery, matter settled on confidential terms.
- Successfully represented a law firm and individual attorney in a malpractice case filed against clients in New York state court, prevailing on a motion to dismiss all claims with prejudice on the alternative grounds of judicial estoppel and in pari delicto.
- Successfully defended separate law firms and individual attorneys in complex lawsuit alleging claims for a variety of common law and statutory violations, including claims associated with alleged computer hacking. Matter settled on confidential terms without payment or other non-monetary consideration paid by clients.
- Successfully represented law firm and individual attorneys for claims alleging that they engaged in criminal wrongdoing and violated numerous civil statutes. Matter settled on confidential terms.
Insurance Coverage Litigation
- Successfully represented insurer in coverage litigation under media and technology errors and omissions policy involving damages judgment in excess of $100 million. Matter settled on confidential terms.
- Successfully represented insurer in coverage litigation under directors and officers liability policy in securing dismissal for failure to state a claim upon which relief could be granted based on the insured’s failure to obtain the insurer’s consent to an underlying settlement. Piedmont Office Realty Trust, Inc. v. XL Specialty Ins. Co., 11 F. Supp. 3d 1184 (N.D. Ga. 2014). Also represented insurer in appeal to the Eleventh Circuit, where the Georgia Supreme Court ultimately answered certified questions in favor of the insurer’s position, concluding that dismissal was proper. Piedmont Office Realty Trust, Inc. v. XL Specialty Ins. Co., 771 S.E.2d 864 (Ga. 2015); Piedmont Office Realty Trust, Inc. v. XL Specialty Ins. Co., 790 F.3d 1252 (11th Cir. 2015).
- Obtained summary judgment in California federal district court in favor of insurer that it had no duty to defend or indemnify an insured under an errors and omissions liability policy. The court also held that the insurer was entitled to recoupment for funds paid to settle the underlying claim. VierraMoore, Inc. v. Continental Casualty Co., 940 F. Supp. 2d 1270 (E.D. Cal. 2013). Also represented insurer in appeal to the Ninth Circuit, which affirmed the ruling in the insurer’s favor. VierraMoore, Inc. v. Continental Casualty Co., 607 Fed. App’x 749 (9th Cir. 2015).
- Obtained summary judgment in Nevada federal district court in favor of insurer that it had no duty to defend or indemnify insureds under a legal malpractice policy. Christensen v. Darwin National Assurance Co., No. 2:13-CV-00956-APG-VCF, 2014 WL 1628133 (D. Nev. Apr. 14, 2014). Also represented insurer in appeal to the Ninth Circuit, which affirmed the ruling in the insurer’s favor. See Christensen v. Darwin National Assurance Co., No. 14-15914 (9th Cir. Mar. 23, 2016).
- Represented trade associations participating as amicus curiae before the New York Court of Appeals. The court held that the antisubrogation rule did not apply to bar an insurer’s claim against a related successor to an insured entity. Millennium Holdings, LLC v. Glidden Co., 53 N.E.3d 723 (N.Y. 2016).
- Represented three trade associations participating as amici curiae before the Connecticut Supreme Court. The court ultimately held that there was no coverage under Coverage B of a CGL policy for a claim involving the loss of data tapes containing sensitive employee information. Recall Total Information Management, Inc. v. Federal Insurance Co., 115 A.3d 458 (Conn. 2015).
- Represented a trade association participating as amicus curiae before the California Supreme Court. The court held that the personal and advertising injury section of a CGL policy did not afford coverage for various infringement and unfair trade claims. Hartford Casualty Insurance Co. v. Swift Distribution, Inc., 326 P.3d 253 (Cal. 2014).
Professional Experience
- Cost Engineer (2008-2011), Engineer (2006-2008), Turner Construction Company
Recognitions
- Named one of DC's "Super Lawyers" for Insurance Coverage by Super Lawyers magazine (2018)
News & Insights
- November 1, 2019 | NEWSLETTER
- July 1, 2019 | NEWSLETTER
- June 2019 | NEWSLETTER
- April 1, 2019 | NEWSLETTER
- March 16, 2019 | Nashville, TN | SPEAKING ENGAGEMENTNational Council of Insurance LegislatorsEdward R. Brown, Speaker
- March 1, 2019 | Tucson, AZ | SPEAKING ENGAGEMENTABA 2019 Insurance Coverage Litigation Committee CLE SeminarEdward R. Brown, Panelist
- February 1, 2019 | NEWSLETTER
- November 1, 2018 | NEWSLETTER
- October 19, 2018 | PRESS RELEASE
- September 1, 2018 | NEWSLETTER
- September 1, 2018 | NEWSLETTER
- September 1, 2018 | NEWSLETTER
- August 1, 2018 | NEWSLETTER
- July 1, 2018 | NEWSLETTER
- June 20, 2018 | BLOG POSTWileyConnectEdward R. Brown
- June 1, 2018 | NEWSLETTER
- June 1, 2018 | NEWSLETTER
- May 23, 2018 | Chicago, IL | SPEAKING ENGAGEMENT2018 Cyber Risk Insights ConferenceEdward R. Brown, Speaker
- May 1, 2018 | NEWSLETTER
- May 1, 2018 | NEWSLETTER
- April 25, 2018 | New York, NY | SPEAKING ENGAGEMENTCritical Infrastructure, Cyber Sector Risk For Cyber Counsel, Companies & CarriersEdward R. Brown, Speaker
- April 1, 2018 | NEWSLETTER
- April 1, 2018 | NEWSLETTER
- March 2, 2018 | Tucson, AZ | SPEAKING ENGAGEMENTABA 2018 Insurance Coverage Litigation Committee CLE SeminarEdward R. Brown, Speaker
- March 1, 2018 | NEWSLETTERLetter Advising Insured Attorney to Put Carrier on Notice Does Not Make Subsequent Claim Foreseeable
- March 2018 | NEWSLETTER
- February 23, 2018 | ARTICLELaw360Edward R. Brown, Leland H. Jones, IV
- December 2017 | NEWSLETTER
- December 1, 2017 | NEWSLETTER
- December 1, 2017 | NEWSLETTER
- November 1, 2017 | NEWSLETTER
- September 20, 2017 | ARTICLEABA Section of Litigation Insurance CoverageMary E. Borja, Edward R. Brown
- September 20, 2017 | ARTICLEAmerican Bar Association, Section of Litigation, Insurance CoverageMary E. Borja, Edward R. Brown
- September 2017 | NEWSLETTER
- September 1, 2017 | NEWSLETTERNinth Circuit Applies Invasion of Privacy Exclusion to Bar Coverage for TCPA Claims under D&O Policy
- September 1, 2017 | NEWSLETTER
- August 2017 | ARTICLEPLUS JournalMarc E. Rindner, Edward R. Brown
- July 12, 2017 | ARTICLEAdvisen Front Page NewsMary E. Borja, Edward R. Brown
- July 2017 | NEWSLETTER
- June 2017 | NEWSLETTER
- May 25, 2017 | ARTICLELaw 360Mary E. Borja, Edward R. Brown
- May 2017 | NEWSLETTER
- April 2017 | NEWSLETTER
- April 2017 | NEWSLETTER
- April 2017 | NEWSLETTER
- April 2017 | NEWSLETTER
- March 23, 2017 | ARTICLELaw360Edward R. Brown, Marc E. Rindner
- March 2017 | NEWSLETTER
- February 2017 | NEWSLETTER
- February 2017 | NEWSLETTER
- December 2016 | NEWSLETTER
- November 2016 | NEWSLETTER
- November 2016 | NEWSLETTER
- November 4, 2016 | ARTICLELaw360Edward R. Brown
- November 2016 | NEWSLETTER
- November 2016 | NEWSLETTER
- October 24, 2016 | ARTICLELaw360Mary E. Borja, Edward R. Brown
- October 18, 2016 | ARTICLEWileyConnectEdward R. Brown, Author
- October 11, 2016 | NEWSLETTER
- October 2016 | ARTICLEThe Practical LawyerEdward R. Brown
- September 2016 | NEWSLETTER
- August 2016 | NEWSLETTER
- June 2016 | NEWSLETTER
- June 2016 | NEWSLETTER
- June 2016 | NEWSLETTER
- May 2016 | NEWSLETTER
- April 2016 | NEWSLETTER
- April 2016 | NEWSLETTER
- April 2016 | NEWSLETTER
- March 2016 | NEWSLETTEREnvironmental Claims Arose from Prior Orders and Deemed Not First Made During Relevant Policy Period
- February 2016 | NEWSLETTER
- January 2016 | ARTICLEDRI’s For The DefenseEdward R. Brown
- December 2015 | NEWSLETTER
- November 2015 | NEWSLETTER
- November 5, 2015 | Chicago, IL | SPEAKING ENGAGEMENTCoverage for Data Breaches Under Traditional Insurance Policies and Introduction to Cyber PoliciesDRI Seminar: Data Breach and Privacy LawEdward R. Brown, Speaker
- October 2015 | NEWSLETTER
- October 2015 | NEWSLETTER
- October 2015 | NEWSLETTER
- September 2015 | NEWSLETTER
- September 2015 | NEWSLETTER
- July 2015 | NEWSLETTER
- July 2015 | NEWSLETTER
- July 2015 | NEWSLETTER
- June 2015 | NEWSLETTER
- May 2015 | NEWSLETTER
- May 2015 | NEWSLETTER
- May 2015 | NEWSLETTER
- April 20, 2015 | PRESS RELEASE
- March 2015 | NEWSLETTER
- March 6, 2015 | ALERTKathryn Bucher, Edward R. Brown
- February 2015 | NEWSLETTER
- February 13, 2015 | ALERTKathryn Bucher, Edward R. Brown
- September 18, 2014 | ALERTKathryn Bucher, Edward R. Brown
- September 8, 2014 | ALERTKathryn Bucher, Edward R. Brown
- June 2014 | NEWSLETTER
- May 2014 | NEWSLETTER
- March 8, 2014 | ARTICLEABA Insurance Coverage Litigation Committee CLE SeminarMary E. Borja, Edward R. Brown
- January 4, 2014 | ARTICLECoverage for Fracking-Related Claims Under the CGL PolicyEdward R. Brown
- December 20, 2013 | ALERTKathryn Bucher, Edward R. Brown