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Nathaniel D. McKitterick

Partner
Palo Alto
About

For over 30 years, Nate McKitterick has been an effective advocate and trusted advisor, assisting corporations, private equity and venture entities, and individual executives with insurance and indemnification matters, including the development of novel insurance products. His extensive experience spans a number of areas, particularly directors and officers liability insurance, representations and warranties insurance, tax insurance, contingent liability, and other transactional products, as well as cyberinsurance matters. He is considered a leading authority regarding transactional insurance products.

Nate also has deep knowledge of commercial indemnification matters, including M&A indemnities, patent indemnity, management indemnification, and standard commercial indemnities.

Nate has advised buyers and sellers in the purchase of transactional insurance since 2001, in over 2,000 transactions both domestic and cross-border. He also has regularly advised buyers and sellers on indemnification claims. His expertise spans not just representations and warranties insurance, but also stand-alone tax policies, contingent risk insurance, judgment preservation and other litigation-related coverage, and other specialty insurance.

Nate's multi-decade experience with director and officer indemnification and insurance matters spans securities litigation, foreign regulator/law enforcement actions, internal investigations, SEC proceedings, restructuring events, DOJ activities, qui tam matters, and multijurisdictional insurance and indemnity questions. He has represented various types of corporate and partnership entities globally as well as individual directors and officers.

 
Areas of FocusCorporateEmerging Growth and Venture CapitalInsuranceLitigation, Arbitration and InvestigationsMergers and Acquisitions
Bar admissionsCalifornia

EXPERIENCE

MERGERS AND ACQUISITIONS
  • Assisting on placement and negotiation of multiple transactional insurance products for over 20 years, including:
    • Buy-side and sell-side representations and warranties insurance
    • Cross-border deals
    • Tax opinion and tax indemnity insurance 
    • Litigation management/specific liability products
    • Environmental insurance
    • Traditional insurance products relevant to the transaction
  • Negotiating indemnity and insurance terms
  • Advising regarding post-transaction disputes
  • Insurance-related diligence, including known target risks
CYBER/PRIVACY
  • Assisting clients in assessing and negotiating cyber/privacy insurance
  • Advising regarding breach response, including claims for:
    • Business interruption
    • Ransomware
    • Third party and regulatory liabilities
    • Breach response expenses
  • Advising and negotiating contractual limitations of liability and indemnification terms with customers, suppliers, and service providers

INSURANCE AND INDEMNIFICATION GENERALLY

  • Assisting corporations and management in assessing risks and negotiating the terms of directors and officers, cyberinsurance, employment practices, commercial general liability, errors and omissions, and other insurance policies (environmental liability, environmental cost cap, fiduciary liability, property, etc.)
  • Advising corporations and management regarding management indemnification rights and exposures, including in securities litigation, government investigations, and government civil and criminal actions both in the United States and abroad
  • Advising corporations and individual directors and officers regarding rights under insurance policies with regard to actual or potential claims, including in bankruptcy situations
  • Advising and litigating patent-related indemnification disputes

PUBLISHED DECISIONS

  • Allstate Insurance Company v. Mel Rapton, Inc. (2000) 77 Cal. App. 4th 901, 92 Cal. Rptr. 2d 151
  • Gonzales v. Ameriquest Mortgage Co. et al., 2004 WL 2472249 (N.D. Cal.)
Education
  • B.A., University of Wisconsin 1989
    cum laude
  • J.D., University of California, Hastings College of Law 1994

Awards

The Legal 500 United States

  • Recommended, Restructuring (including Bankruptcy): Corporate (2024)
  • Recommended, Cyber Crime (2015)
Additional Awards
  • Wiley W. Manuel Award for Pro Bono Legal Services, California State Bar Association (2004)

Bylines

  • Contributor, "Cyber Risk Handbook," 2014 (joint NACD, AIG publication), endorsed by both the Department of Homeland Security and the Information Systems Audit and Control Association
  • Contributor, "The Tech Contracts Handbook," David E. Tollen (2010)

Seminars

  • Legal issues and trends impacting the aerospace and defense industry, 30 November 2022
  • Panelist, Professional Liability Underwriting Society's 2014 D&O Symposium

My latest insights

News

DLA Piper advises Arlington Capital Partners in the formation of defense manufacturing...

20 March 2024 .2 minute read

News

DLA Piper advises Epps Aviation in business acquisition by SAR Trilogy Management

24 April 2023 .2 minute read

Past event
San Juan Puerto Rico

Legal issues and trends impacting the aerospace and defense industry

30 November 2022 .2 minute read

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Connect

Phone

+1 650 833 2394
(Work, Silicon Valley)
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