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Dustin Cho is a commercial litigator who focuses on representing corporate policyholders in coverage disputes with their insurers. He has helped his clients obtain hundreds of millions of dollars in insurance recoveries for a wide range of liabilities, including shareholder claims, mass torts, government investigations, professional liability, environmental remediation, employment claims, product liability, and antitrust claims. He also assists his clients in obtaining coverage for lost earnings, expenses, property damage, and other first-party losses, including under property, event cancellation, data protection, and other insurance policies.
Mr. Cho is an experienced trial and appellate advocate, and has helped his clients successfully resolve coverage disputes through settlement negotiations and ADR.
Mr. Cho has represented policyholder coalitions, including industry trade associations, in appeals regarding important insurance issues. He writes and speaks about insurance topics, including recently on insurance issues arising from physical damage and injuries caused by hacking and other cybersecurity incidents.
- Representation of clients in diverse industry sectors in connection with coverage for coronavirus-related expenses and earnings losses.
- Representation of the National Football League in litigation regarding insurance coverage for concussion-related claims.
- Representation of Merck in litigation for property and business interruption coverage for losses arising out of the NotPetya malware.
- Representation of major consulting firms in connection with coverage for claims arising out of services they provided to public and private sector clients worldwide.
- Representation of a chemical manufacturer in connection with claims for property damage allegedly arising out of its products.
- Representation of a star athlete regarding coverage for disability and loss of value.
- Representation of major law firms regarding coverage for claims by former clients.
- Representation of a biotechnology company in connection with coverage for claims for alleged injuries arising from a manufacturing facility.
- Representation of a heavy equipment manufacturer regarding coverage for product liability and completed operations under a manuscript policy.
- Representation of securities industry trade association as amicus curiae before state highest court regarding insurance coverage for settlements with the SEC.
- Representation of manufacturer trade association as amicus curiae before state supreme court regarding insurance coverage for asbestos-related claims.
- Representation of Public Broadcasting Service in an 18-day evidentiary hearing before the Copyright Royalty Board to determine the allocation of approximately $800 million in cable television copyright royalties among six parties. See Distribution of Cable Royalty Funds, 84 Fed. Reg. 3552 (2019).
- Representation of media companies before the D.C. Circuit in appeals regarding FCC decisions. See, e.g., Free Press v. FCC, No. 17-1129, 735 F. App’x 731 (D.C. Cir. 2018); Tennis Channel, Inc. v. FCC, 827 F.3d 137 (D.C. Cir. 2016).
Pro Bono
- Representation of plaintiff whose conviction was vacated after fifteen years of allegedly wrongful imprisonment in a civil rights action against police and prosecutors in Jefferson Parish, Louisiana. See Williams v. Connick, No. 12-1274, 2014 WL 172520 (E.D. La. 2014).
- Representation of plaintiffs challenging the pretextual addition of a citizenship question to the 2020 Census questionnaire. See Kravitz v. U.S. Department of Commerce, 366 F. Supp. 3d 681 (D. Md. 2019).
October 5, 2020, Reuters
Dustin Cho and Neema Sahni spoke with Reuters about the role lawyers have played in guiding professional sports leagues through COVID-19. Mr. Cho says on the insurance front, event cancellation coverage has been a hot issue. He notes that both Wimbledon and the British Open tennis tournaments succeeded in getting coverage from their insurers under their event ...
Rising Star: Covington's Dustin Cho
July 13, 2020, Law360
Dustin Cho has been named a Law360 Rising Star in Insurance.
July 6, 2020
WASHINGTON— Law360 has named Covington partners Sean Akins, Dustin Cho, Adrian Perry, Jennifer Saperstein, Kayleigh Scalzo, Ashley Simonsen, and William Woolston among its “Rising Stars.” Covington’s seven “Rising Stars” were the most of any firm this year. This annual recognition honors top lawyers under 40 “whose legal accomplishments transcend their age.” ...
May 4, 2020
WASHINGTON—For the third consecutive year, The National Law Journal has named Covington to its “Pro Bono Hot List.” The law firms appearing on the 2020 Pro Bono Hot List were recognized for taking on “some of the biggest issues of our time.” In its profile of the firm, The National Law Journal highlights Covington’s Pro Bono efforts in two significant matters. ...
April 22, 2020
WASHINGTON—Covington represented satellite provider Ligado Networks in its successful application for rights to deploy 5G services over its mid-band spectrum. On April 22, the full Federal Communications Commission (FCC) released a unanimous decision approving Ligado’s application, finding that it will advance economic and security interests nationwide. The ...
October 2, 2019, The American Lawyer
Covington Promotes Its Most Diverse Partner Class Ever
October 1, 2019
WASHINGTON—Covington has promoted to its partnership 14 lawyers based in eight different offices, including nine women and six lawyers of ethnically diverse backgrounds. “Our new partners are exceptionally talented lawyers from a wide range of the firm’s offices and most important practices, and they are extremely well-positioned to carry the firm forward,” ...
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, ...
2019, The Internet of Things - Legal Issues, Policy, and Practical Strategies
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 ...
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, ...
When Things Get Hacked: Coverage for Cyber-Physical Risks
March 3, 2016, ABA Litigation Section, Insurance Coverage Litigation Committee
- Law360, Insurance "Rising Star" (2020)