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- Professionals
- John G. Buchanan III
John Buchanan, senior counsel in Covington's Washington office and the firm's first Insurance Practice Group Coordinator, has represented policyholders in insurance coverage advocacy, dispute resolution and counseling for over three decades. His career has ranged from the early DES and asbestos coverage litigation to claims for some of the largest cyber losses in history. Mr. Buchanan has litigated, arbitrated or negotiated a wide variety of complex property and casualty insurance claims, from railroad derailment claims to satellite-in-orbit claims, and from silver-theft claims to cyber claims. Chambers USA ranks him as Band 1 for Insurance Dispute Resolution - Policyholder, both in DC and nationally, and he is listed in Best of the Best USA and numerous other attorney rating guides.
Mr. Buchanan became involved with cyber-related coverage issues in the mid-1990s and co-authored one of the earliest treatise chapters on cyber insurance coverage in 2001. Starting with the network intrusion and payment card thefts discovered by TJX in 2006, he has represented policyholders pursuing claims for losses arising from data breaches reported to involve tens of millions of compromised records. Mr. Buchanan also frequently counsels policyholders in drafting their cyber and technology errors and omissions policies, along with the insurance-related provisions of their procurement contracts.
Mr. Buchanan has been active as an invited Adviser to the American Law Institute’s Restatement of the Law of Liability Insurance, and he has spoken to audiences of judges and lawyers on issues presented in the draft Restatement. He teaches a graduate-level course on Insurance Litigation at the Insurance Law Center of the University of Connecticut School of Law and has also guest taught at the University of Virginia Law School. Mr. Buchanan speaks regularly on insurance-related topics in a wide variety of academic symposia and CLE seminars, and he is the author or co-author of many papers and articles on topics relating to insurance, litigation and alternative dispute resolution, including recently on the insurance issues arising from the Internet of Things, artificial intelligence, autonomous vehicles, blockchain, opioids and climate change.
Among other bar association activities, Mr. Buchanan has served on the ABA Dispute Resolution Section’s Task Force on Improving Mediation Quality; was an elected member of the Steering Committee of the Law Practice Management Section of the DC Bar; served on the ABA Task Force for a Manual on Complex Insurance Coverage Litigation; and has served in various leadership roles for the ABA Litigation Section's Insurance Coverage Litigation Committee, including as past Website Co-Editor-in-Chief and Co-chair of its annual meeting, and as current Co-Chair of its Cyber Risks and Data Privacy Subcommittee. As an elected member of the American Law Institute, Mr. Buchanan has served on the Members' Consultative Group for the Restatement (Third) of Torts, in addition to his current role with the Liability Insurance Restatement. He is also an elected Fellow of the American College of Coverage and Extracontractual Counsel and co-chairs its Cyber & Computer Crime Committee.
Mr. Buchanan is a graduate of Harvard Law School, Oxford University, and Princeton University. After clerking on the U.S. Court of Appeals for the Third Circuit, he has spent his entire legal career at Covington.
February 10, 2020, Covington Alert
The coronavirus has now infected more than 30,000 people. Cases have been reported in every province of China as well as in Thailand, Japan, Hong Kong, South Korea, Vietnam, Australia, Europe, the United Kingdom, and the United States. More than a dozen cities have been quarantined. China, the United States, Europe, Australia, and others have imposed significant ...
2019, American Bar Association
Our cross-disciplinary Internet of Things initiative contributed to the ABA's first book on IoT, The Internet of Things: Legal Issues, Policy, & Practical Strategies. Laura Kim and Jennifer Johnson authored the chapter “U.S. Regulatory Framework for IoT,” with contributions from Sarah Wilson (product safety); Wade Ackerman, Elizabeth Guo, Christopher Hanson, ...
Running for Cover: Insurance Meets IoT
March 28, 2019, ABA SciTech Section, 4th Internet of Things National Institute
The Industrial Internet of Things: Insuring the Cyber Apocalypse
February 28, 2019, ABA Litigation Section, Insurance Coverage Litigation Committee CLE Seminar
January 14, 2019, Covington Alert
In the wake of destructive cyber incidents over the past few years, the insurance industry and its regulators have focused more attention on so-called “silent cyber” exposures in traditional property/casualty insurance policy forms and started taking steps to reduce or specifically address those exposures. We explain here what “silent cyber” means, and what the ...
2019, The Internet of Things - Legal Issues, Policy, and Practical Strategies
November 9, 2018, Inside Tech Media
Last week, Covington dispatched a team of connected and automated vehicles (“CAV”) practitioners to participate in the Mcity Congress, in Ann Arbor, Michigan. Lawyers from our Technology and IP Transactions, Public Policy, Product Safety and Liability, and Insurance practice groups presented a series of observations and insights around mitigating liability in ...
How Will the American Law Institute’s New Restatement of the Law, Liability Insurance Shape the Future of Insurance Coverage Disputes?
October 26, 2018, American College of Coverage Counsel /American University Washington College of Law
July 31, 2018, Inside Tech Media
Self-driving cars are here. And although these so-called autonomous vehicles (AVs) are expected to reduce the overall number of auto accidents significantly, some accidents are still statistically inevitable. This raises an important question for AV industry stakeholders: when human beings aren’t in the driver’s seat, what accident-compensation mechanisms ...
July 24, 2018, Covington Alert
Phishing, spoofing, and computer-based scams pose a significant threat to businesses. Yet in recent years many victims of these scams — also variously referred to as "business email compromise," "social engineering," "fake creditor," or "fake president" fraud — have found that their insurers refused to pay claims for their computer-related fraud losses.
June 5, 2018
WASHINGTON—Covington’s Insurance Recovery practice has received the 2018 Chambers USA "Award for Excellence" in Insurance, marking the seventh time the firm has received this honor in the 12 years it has been awarded. The "Award for Excellence" is given to one U.S. firm representing policyholders in the insurance coverage field. In addition to the award, ...
ALI Gives Final OK On Liability Insurance Guidelines
May 22, 2018, Law360
In an article regarding the approval of the final iteration of the Restatement of Law, Liability Insurance, Law360 highlights David Goodwin and John Buchanan's efforts that resulted in deleting a provision of the guidelines that would have allowed an insurer to deny coverage for its policyholder's costs to defend a claim that the policyholder became aware of ...
5 Controversial Rules In The ALI's Insurance Law Project
May 18, 2018, Law360
John Buchanan and David Goodwin are quoted in a Law360 article regarding the final version of the American Law Institute's Restatement of the Law on Liability Insurance. Commenting on Section 3, which addresses foundational principles of insurance law, Buchanan says that a strong presumption rule would already have been more favorable to insurers than the ...
Ethical Issues Arising Out of Sharing Information
May 17, 2018, Annual Meeting of the American College of Coverage and Extracontractual Counsel (ACCEC)
What Happens When You Lose Data that You Thought Was Secret and Money that You Thought Was Secure -- Mediating and Arbitrating Cybersecurity Disputes
April 6, 2018, ABA Section of Dispute Resolution, 20th Annual Spring Conference
March 6, 2018, Inside Privacy
Two hundred billion IoT devices could be in use by 2020, according to one estimate cited in the World Economic Forum’s recent report, Mitigating Risk in the Innovation Economy. This rapid integration of the digital world and the physical world presents unprecedented opportunities for businesses in a wide array of industries. But it also creates...… Continue ...
March 6, 2018, Inside Tech Media
Two hundred billion IoT devices could be in use by 2020, according to one estimate cited in the World Economic Forum’s recent report, Mitigating Risk in the Innovation Economy. This rapid integration of the digital world and the physical world presents unprecedented opportunities for businesses in a wide array of industries. But it also creates...… Continue ...
Hot Topics for ICLC’s 40th -- the Coverage Battles of 2028
March 3, 2018, ABA Litigation Section, Insurance Coverage Litigation Committee 30th Anniversary CLE Seminar
Cybersecurity & Privacy Predictions For 2018
January 1, 2018, Law360
Kurt Wimmer and John Buchanan are quoted in a Law360 article providing cybersecurity and privacy predictions for 2018. Wimmer says, once Europe's General Data Protection Regulation (GDPR) is in force, non-EU countries around the world will begin looking at privacy regimes based on the 1995 Directive [which the GDPR will replace] and think about whether they ...
November 2, 2017, Inside Privacy
By John G. Buchanan and Marialuisa S. Gallozzi Although the National Cybersecurity Awareness Month of October has come to a close, it is not too late for corporate counsel and risk managers to be thinking about cyber-risk insurance — an increasingly essential tool in the enterprise risk management toolkit. But a prospective policyholder purchasing cyber...… ...
To Buy or Not to Buy: Getting Insurance (and Payment!) for Your Cyber-Risks
September 27, 2017, Association of Corporate Counsel Webinar
July 28, 2017, Medtech Insight
Marialuisa Gallozzi, John Buchanan, and Jeff Kiburtz are quoted in a Medtech Insight article regarding the growing interest in the healthcare sector in buying cyber insurance. According to Gallozzi, "We are in the midst of an evolution of the insurance market right now in this area." She says cyber insurance policies have been a growing trend but unlike other ...
June 14, 2017
WASHINGTON—Covington’s Insurance Recovery practice has received the 2017 Chambers USA "Award for Excellence" in Insurance, marking the sixth time the firm has received this honor in the 11 years it has been awarded. The "Award for Excellence" is given to one U.S. firm representing policyholders in the insurance coverage field. In addition to the award, Covington ...
May 17, 2017, Covington Alert
Last Friday may mark the start of a new era in cyber crime. The first worldwide ransomware attack, commonly dubbed “WannaCry,” emerged on May 12. The malware is believed to have infected more than 300,000 computers in 150 countries to date. A cyber criminal or ring of criminals, taking advantage of an exploit made available by the ShadowBrokers hacker group that ...
Fake President Fraud –What Is It? Is It Covered?
March 4, 2017, Insurance Coverage Litigation Committee Annual Seminar
Covering the Soft Underbelly of American Business: Hot Topics In Coverage For Cyber Liabilities
February 10, 2017, ACCEC/UC Hastings Symposium
December 14, 2016, Covington Alert
Recent reports from both government and private groups have highlighted the risk that cyber hacking may now cause serious physical injury or damage. This new risk stems from connected industrial controls or electronic devices comprising the Internet of Things (IoT)—the network of over 50 billion objects ranging from children’s toys to home appliances to medical ...
November 22, 2016, Inside Privacy
The recent National Institute of Standards and Technology (NIST) publication of cybersecurity guidance for the Internet of Things (IoT) is a useful reminder that hacking incidents can result not only in privacy breaches, but also in bodily injury or property damage — via critical infrastructure, medical devices and hospital equipment, networked home appliances, ...
August 12, 2016, Covington Alert
The Insurance Act, which received Royal Assent and became law in the United Kingdom in February 2015, has now come into force: it applies to all insurance policies entered into on or after August 12, 2016, including renewals, and to all variations to existing policies made on or after that date. As previously reported, the Act contains the most significant ...
June 16, 2016, Inside Privacy
Cyber insurers commonly require insureds to complete detailed applications, often including extensive technical disclosure and risk self-assessments. The complaint recently filed by the insurer in Columbia Casualty Co. v. Cottage Health System illustrates the pitfalls in these requirements. Cottage Health, an operator of a hospital network, suffered a data ...
June 16, 2016, Inside Privacy
Data breaches suffered by retailers and other businesses that handle payment cards can result in substantial assessments by card brands such as MasterCard and Visa. Retailers typically do not process payment card transactions directly with the banks that issue their customers’ cards. Instead, they contract with an intermediary—called an acquiring or servicing ...
ALI Restatement of the Law of Liability Insurance
May 6, 2016, The American College of Coverage and Extra-Contractual Counsel 2016 Annual Meeting
Keeping Policyholder Firms Off Panel Counsel Lists—Is This Legal?
May 5, 2016, The American College of Coverage and Extra-Contractual Counsel 2016 Annual Meeting
When Things Get Hacked: Coverage for Cyber-Physical Risks
March 3, 2016, ABA Litigation Section, Insurance Coverage Litigation Committee
Hack That Thing! Physical Harms from Cyber Perils — Are They Covered?
March 3, 2016, ABA Litigation Section, Insurance Coverage Litigation Committee
A Principled Approach to Coverage?—How Will Policyholders Respond to the Restatement?
January 2, 2016, The American College of Coverage and Extra Contractual Counsel and Boston College Law School Insurance Law Symposium
Resolution of Insurance Disputes: the U.S. Policyholder Perspective
October 2015, The U.S. & China: New Insurance Products, New Regulatory Challenges, Joint Renmin University/University of Connecticut Law School Conference, Hartford Connecticut
You’ve Been Hacked – Where’s the Insurance?
October 2015, The U.S. & China: New Insurance Products, New Regulatory Challenges, Joint Renmin University/University of Connecticut Law School Conference, Hartford Connecticut
May 21, 2015
WASHINGTON, DC, May 21, 2015 — Covington’s insurance recovery practice won the 2015 Chambers USA Award for Excellence in Insurance, marking the fifth time the firm has received this honor in the nine years it has been awarded. The Award for Excellence, presented at Chambers USA’s annual awards dinner in New York City on May 19, was given to only one U.S. firm ...
February 18, 2015, American Bar Association, Insurance Coverage
August 18, 2014
WASHINGTON, DC, August 18, 2014 — Best Lawyers named Covington & Burling’s Stuart Eizenstat and Gregg Levy each a 2015 “Lawyer of the Year” in international trade and sports law, respectively, citing their “abilities, professionalism and integrity.” Overall, Covington lawyers received 217 individual mentions in 58 areas of law in the newly released annual survey ...
August 27, 2012
WASHINGTON, DC, August 27, 2012 — Covington & Burling LLP lawyers received 196 individual mentions in 57 areas of law in the 2013 edition of The Best Lawyers in America. This annual compilation of top U.S. lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as ...
June 11, 2012
WASHINGTON, DC, June 11, 2012 — Covington & Burling’s insurance practice won the 2012 Chambers USA Award for Excellence in Insurance, marking the fourth time the firm has received this honor in the six years it has been awarded. The Award for Excellence, presented at Chambers USA’s annual awards dinner in New York City on June 7, was given to only one U.S. ...
Covington Lawyers Recognized by D.C. Super Lawyers
May 2, 2012
WASHINGTON, DC, May 2, 2012 — D.C. Super Lawyers selected 64 Covington & Burling lawyers for its 2012 list of top legal talent. Super Lawyers selects no more than five percent of the total lawyers who practice in Washington based on peer review and the publication’s independent research. Deborah Garza and Robert Long have been named among the “Top 100” for ...
The Comerica Conundrum: Settlement Versus Forfeiture in Multi-layer Insurance Settlements
2012, ABA Litigation Section, Insurance Coverage Litigation Committee Annual CLE Seminar
November 30, 2011
WASHINGTON, DC, November 30, 2011 — Washingtonian magazine has named 34 Covington & Burling attorneys as “Best Lawyers” in its December issue. The biennial list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the approximately 800 “Best Lawyers” identified in the issue, Washingtonian included profiles of 31 ...
September 7, 2011
WASHINGTON, DC, September 7, 2011 — Covington & Burling LLP lawyers received 184 individual mentions in 56 areas of law in the 2012 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: ...
June 10, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 123 individual mentions and 45 practice mentions in Chambers USA 2011. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
June 9, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 92 individual mentions and 32 practice mentions in the Legal 500 US 2011 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
Covington Lawyers Recognized by D.C. Super Lawyers
May 17, 2011
WASHINGTON, DC, May 17, 2011 — D.C. Super Lawyers selected 55 Covington & Burling lawyers for its 2011 list of top legal talent. Super Lawyers selects no more than five percent of the total lawyers who practice in Washington based on peer review and the publication’s independent research. Deborah Garza has been named among the “Top 50 Women,” and Robert Long ...
February 15, 2011
WASHINGTON, DC, February 15, 2011 — For the seventh time, Practical Law Company has awarded Covington & Burling LLP its worldwide first place ranking in the Life Sciences Regulatory Super League category. PLC also singled out Covington’s Antitrust/Competition, Corporate, and Insurance practices, along with lawyers from each group, in its practice-specific ...
Doing Right and Doing Well: Ethical Rules as a Boon to Practice
2011, ABA Litigation Section, Insurance Coverage Litigation Committee (“ICLC”) Annual CLE Seminar
Gotcha! Top 10 Insurance Traps for Corporate Counsel
2011, ABA Litigation Section, Committee on Corporate Counsel Annual CLE Seminar
August 6, 2010
WASHINGTON, DC, August 6, 2010 — Covington & Burling LLP received 138 individual mentions in 40 areas of law in the 2011 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...
June 23, 2010
WASHINGTON, DC, June 23, 2010 — Covington & Burling LLP received 85 individual mentions and 23 practice mentions in the Legal 500 US 2010 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
June 16, 2010
WASHINGTON, DC, June 16, 2010 — Covington & Burling LLP received 112 individual mentions and 44 practice mentions in Chambers USA 2010. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
March 18, 2010
WASHINGTON, DC, March 18, 2010 — Forty-five Covington & Burling LLP lawyers are recognized in the 2010 Washington, D.C. Super Lawyers. The annual list by Super Lawyers selects only five percent of the total lawyers who practice in Washington based on peer review and the publication’s independent research. In addition, partners Deborah Garza and Robert Long have ...
Top 10 Traps for Insurance Professionals
2010, Risk Insurance Management Society Annual Conference
Ace in the Hole or Cheap Trick: the Use (and Abuse) of Arbitration Clauses in Insurance Litigation
2010, ABA ICLC Annual CLE Seminar
August 7, 2009
WASHINGTON, DC, August 7, 2009 — Covington & Burling LLP received 131 individual mentions in 38 areas of law in the 2010 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...
June 12, 2009
WASHINGTON, DC, June 12, 2009 — Covington & Burling LLP received 100 individual mentions and 40 practice mentions in Chambers USA 2009. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
September 29, 2008
WASHINGTON, DC, September 29, 2008 — Covington & Burling LLP received 124 individual mentions in 40 areas of law in the 2009 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...
June 16, 2008
WASHINGTON, DC, June 16, 2008 — Covington & Burling LLP received 81 individual mentions and 45 practice mentions in the newly released 2008 Chambers USA. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington ...
Data Security Breaches: Remediation, Litigation & Insurance
2008, Covington & Burling LLP Webinar
Gotcha! Top Ten Insurance Traps for Litigators
2008, ABA Section of Litigation Annual Meeting
Mediators’ Perspectives: Ten Things We Hate (and Love) About You
2008, ICLC Annual CLE Seminar
September 6, 2007
WASHINGTON, DC, September 6, 2007 — Covington & Burling LLP received 115 individual mentions in 38 areas of law in the 2008 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The recipients are as follows: Administrative: E. Edward Bruce and ...
June 18, 2007
WASHINGTON, DC, June 18, 2007 — Covington & Burling LLP received 44 practice mentions and 74 individual mentions in the newly released 2007 Chambers USA guidebook. The 2007 edition of Chambers USA attempts to identify the most skilled legal practitioners throughout the country based on the qualities most valued by clients. Covington attorneys have been ...
All Sums versus Prorata Allocation
November 2006, Mealey’s All Sums: Reallocation & Settlement Credits Conference
March/April 2006, 16 Coverage No. 2
2005, Law & Practice of Insurance Coverage Litigation, Chapter 31
Other People’s Insurance in Corporate Transactions
December 2004, Mealey’s Additional Insured Conference
September 1, 2004, 14 Coverage No. 5
January 12, 1998, Legal Times vol. XX no. 33
Who Knows? Misrepresentation and Concealment Defenses in Complex Liability Insurance Coverage Litigation
January 1998, Practicing Law Institute’s Conference on Insurance Coverage Litigation
A Primer on First-Party Property Insurance
June 1997, Covington & Burling Insurance Practice Seminar
General Liability Coverage for the New Occupational Disease Claims: Medical and Legal Issues
June 1997, Covington & Burling Insurance Practice Seminar
The Insurance Asset in Corporate Transactions
June 1997, Covington & Burling Insurance Practice Seminar
Three Central Issues in Business Interruption Insurance
June 1997, Covington & Burling Insurance Practice Seminar
Who Knows? Misrepresentation and Concealment Defenses in Complex Liability Insurance Coverage Litigation
March 1997, 1997 Annual Meeting of ABA Section of Litigation, Insurance Coverage Litigation Committee
War or Truce? Selected Recent Developments Affecting Environmental Coverage Litigation
March 1994, 1994 Annual Meeting of ABA Section of Litigation, Insurance Coverage Litigation Committee
Running for Cover Rather than Coverage: What Every Railroad Defense Lawyer Needs to Know About Insurance
February 1994, National Association of Railroad Trial Counsel's Special Litigation Conference
Advertising Injury Coverage for Business Torts: A Brief Overview
September 1993, Practicing Law Institute’s Insurance Coverage Litigation 1993: Critical Issues and Strategies, a Satellite Program
Perennial Coverage Issues in Environmental Insurance Litigation
September 1993, Practicing Law Institute’s Insurance Coverage Litigation 1993: Critical Issues and Strategies, a Satellite Program
The Effect of Life Insurer Insolvencies on Structured Settlement Annuities: Who Pays?
July 1993, National Association of Railroad Trial Counsel’s Annual Meeting
Informal and Formal Discovery Initiatives: Finding the Needles in the Paper Haystacks
May 1992, Executive Enterprises’ Environmental Insurance Law Institute
What Defense Lawyers Should Know About Liability Insurance
May 1992, Association of Transportation Practitioners/Transportation Lawyers Association Annual Meeting
Statutory Protection for Policyholders of Insolvent Insurers in the U.S. and U.K.
December 1991, Executive Enterprises’ Business Insurance Law Institute
CGL Issues for the 1990’s: One Reading of the Tea Leaves
April 1990, 1990 Midyear Meeting of ABA Section of Litigation Insurance Coverage Committee
Documentary Appendix: Tidbits from the Drafting History of the Comprehensive General Liability Policy
April 1990, 1990 Midyear Meeting of ABA Section of Litigation Insurance Coverage Committee
- Best Lawyers, Washington Insurance Lawyer of the Year
- The Best of the Best USA
- The Best Lawyers in America
- Chambers USA - America's Leading Business Lawyers (Band 1, Nationwide and DC recognition)
- The International Who's Who of Insurance & Reinsurance Lawyers
- The Legal 500 United States
- The Legal Media Group Guide to the World's Leading Insurance and Reinsurance Lawyers
- Washington DC Super Lawyers
- Benchmark Litigation (National and DC “litigation star” recognition)
- Euromoney's Expert Guides to the World's Leading Lawyers
- Who's Who Legal
- Washingtonian