Stephen O'Donnell

Partner

Email : sodonnell@culhanemeadows.com

Toll Free: 1-844-285-4263 ext. 756

Direct : 312-600-0305

Cell : 312-925-6200

Fax : 312-600-4425

Office : Chicago

Stephen O’Donnell is a commercial lawyer with 30 years of experience. He focuses on resolving business disputes through negotiation and settlement, mediation, arbitration or trial. Stephen has tried numerous cases to verdict in arbitration venues and state and federal courts throughout the country and internationally. On a more limited basis, he also counsels clients in transactions and helps them document deals.

Substantively, Stephen has developed a strong expertise in many forms of commercial insurance disputes, including professional liability, comprehensive general liability, employer’s professional liability, and cyber liability coverage and placement disputes. Stephen’s other areas of substantive expertise include reinsurance cases, “other insurance” contests between insurers, construction disputes, fraud and misrepresentation cases, including disputes under the Uniform Fraudulent Transfer Act, and unfair competition-employee raiding cases, both in the sale-of-business context and between existing competitors.

Representative Experience
The following is a list of some of the cases in which Mr. O’Donnell has participated during his career:

Insurance/Reinsurance Cases

  • Redacted v. Redacted, Private Arbitration, London (Reinsurance dispute over cancellation of catastrophe excess of loss reinsurance treaty)
  • Abbott Laboratories, Inc v. Certain Underwriters at Lloyd’s, London, Circuit Court of Cook County, Illinois (Insurance coverage litigation involving pharmaceutical product-recall and business interruption losses)
  • National Union Fire Ins. Co. et al. v. XL Insurance (Bermuda) Ltd, U.S. Dist. Ct. N.D. Cal. (“Other Insurance” contribution and equitable subrogation dispute)
  • XL Insurance (Bermuda) Ltd. v. Sony Pictures Entertainment, et al., California State Court (Insurance product – film finance dispute)
  • Redacted v. Redacted, Private Arbitration, London (Insurance product– film finance dispute)
  • Redacted v. Redacted, Private Arbitration, London (Reinsurance dispute over coverage under catastrophe excess-of-loss treaty for 2004 hurricane losses)
  • XL Insurance Ltd. v. Royal & Sun Alliance Insurance plc., High Court of Justice, Queens Bench, London (financial guaranty reinsurance dispute)
  • Royal Bank of Scotland v. XL Insurance Ltd., High Court of Justice, Queens Bench, London (credit default swap dispute)
  • The Society of Lloyd’s v. XL Re Ltd. and Others, Private Arbitration, London (excess of loss financial indemnity contract dispute)
  • Zurich Ins. Co., et al v. Ace Insurance Ltd., Texas State Courts and Texas Court of Appeals (decision reported at 59 S.W. 3d 424 (2001)) (facultative reinsurance contract dispute, including international jurisdictional and conflict of law issues)
  • Ace Insurance Ltd. v. Zurich Ins. Co., et al., High Court of Justice, Queens Bench, London (facultative reinsurance dispute over Saudi Arabian oil well blow-out loss)
  • Redacted v. Redacted, Private Arbitration, Bermuda (facultative reinsurance dispute over race discrimination loss)
  • Redacted v. Redacted, Private Arbitration, Bermuda (facultative reinsurance dispute over oil spill cleanup loss)

Securities Cases

  • Think Equity Inc. v. Urdan, et al., NASD arbitration over alleged breach of fiduciary duty, trade secret misappropriation and electronic data destruction
  • Goldman Sachs & Co. v. Robert W. Baird & Co. (securities research conflict-of-interest dispute)
  • Kemper High Yield Series, et al. v. Gleacher NatWest et al., Illinois State Court (securities fraud dispute arising out of sales of high yield bonds to finance steel mill located in Thailand)
  • Cash Account Trust, et al. v. Merrill Lynch, Illinois State Court (securities fraud dispute arising from sales of short term notes issued by Orange County, California)
  • CentTrust Bank v. Western Union Corp., et al., U.S. District Courts, N.D. Ill and D.N.J. (securities fraud dispute arising from sales of high yield bonds to failing savings & loan institution)
  • Downs Estate v. Kemper Securities, Inc., et al., Illinois State Court (commodities fraud dispute arising from sales of grain, livestock, and currency options and futures to executor of estate)

Selected Presentations & Publications

  • Reinsurance Update (October 2016)
  • Cyber-Liability Insurance and the Retroactive Date Exclusion, The D&O Diary (May 3, 2016)
  • Reinsurance Update (March 2016)
  • “Insurer vs. Insurer Claims: When Can an Excess Insurer Sue a Primary Insurer for Bad Faith and Why Should or Shouldn’t They Do So?” American Conference Institute, November 19, 2015
  • Reinsurance Update (June 2015)
  • Reinsurance Update (February 2015)
  • Reinsurance Update (October 2014)
  • Reinsurance Update (April 2014)
  • Reinsurance Update (October 2013
  • Developments in Reinsurance Arbitrations: What Works and What Does Not in the US, Bermuda, and the UK, February 8, 2008, Reinsurance Seminar
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