Introduction
Dawn Valentine is a litigator with over 20 years of experience representing clients in a wide variety of complex commercial disputes, with an emphasis on Employee Retirement Income Security Act (ERISA) class action litigation and all aspects of insurance-related matters. Dawn advises clients in pre-dispute evaluations and all facets of litigation. Dawn also has experience advising clients on false and misleading advertising and unfair business practices and has significant appellate experience.
My focus
I focus my practice on all facets of complex commercial litigation matters. I am particularly adept at fashioning early processes for practical, early resolution of disputes.
Insurance and Coverage Disputes
I have extensive experience providing coverage advice and developing and implementing litigation strategies for complex coverage actions involving primary, excess, errors and omissions, and directors–and-officers policies, malpractice claims, asbestos litigation, intellectual property matters, advertising injury claims, intentional torts, punitive damages, and lost wages claims.
ERISA Litigation
I have litigated ERISA class action matters and numerous other types of ERISA disputes in district court and on appeal.
Complex Commercial Litigation
I have extensive experience both in pursuing and defending against fraud claims. I have litigated fraud claims against an agent that resulted in a directed verdict and successfully defended several health clinics against allegations of False Claims Act violations, including convincing the U.S. Attorney not to intervene.
I have had primary responsibility for managing complex disputes involving false advertising, unfair competition, copyright and trademark violations, and contract disputes. I focus on devising assertive litigation strategies and using efficient and effective motion practice, and have a history of settling cases for waiver of cost or little or no financial participation by clients.
Looking ahead
The economic, physical, and emotional fallout from the COVID-19 global pandemic, climate change, increasingly devastating fires, hurricanes and flooding will continue to challenge insurers, policyholders, and insurance guaranty funds for years to come. I also see an increasing amount of litigation and legal uncertainty around emerging risks posed by advances in technology and newly enacted privacy regulations.
/Insights
- “California’s Reader Privacy Act: What Every Bookseller Must Know” (Barger & Wolen’s Insurance Litigation & Regulatory Law Blog, February 21, 2012)
- “New California Security Breach Notification Requirements Set Standard for Notification Letters” (Barger & Wolen’s Insurance Litigation & Regulatory Law Blog, January 27, 2012)
- “Reinsurance California Insurance Law and Practice—Chapter 11” (Revised) (LexisNexis Matthew Bender, June 01, 2010)
- “Fall From Coverage,” Los Angeles Daily Journal, November 28, 2006)
- Defending the Insured (Aspen Press 2004, 2008)
- Reinsurance Practice and the Law, by Barlow Lyde & Gilbert, “Letters of Credit and Other Security Provided by Reinsurers.”
In the news
- Law360
5 insurers off hook for city's $5M flood damage costs
This article covers a California federal judge’s decision clearing five insurers of covering more than $5 million in settlements and other costs resulting from a trio of suits alleging the city of Walnut Creek failed to maintain its storm drains and caused flooding. NP was mentioned for the work by San Francisco Complex Commercial Disputes partner Matthew Richards and department attorney Dawn Noel Valentine in representing Insurance Company of the State of Pennsylvania, an AIG subsidiary.Feb 5, 2021
Admitted to practice
California
U.S. Court of Appeals, Ninth Circuit
U.S. District Court, Northern District of California
U.S. District Court, Eastern District of California
U.S. District Court, Central District of California
U.S. District Court, Southern District of California
Education
Boston University, B.A., summa cum laude, Phi Beta Kappa; President’s Award
University of California, Berkeley School of Law, Boalt Hall, J.D.
Professional activities
- American Bar Association
- San Francisco Bar Association
- San Francisco Bar LGBT Issues Equality Committee Member
Pro bono services
- Drafted a comprehensive appendix of background facts in support of analysis of U.S. policy toward African Americans and whether such policies met international definitions of genocide or apartheid
- Represented nonprofit owner in Inglewood in dispute with landlord
- Sat on the Board of Oakland Charter Academy
Professionals in the Practice Area
View AllAnthony Barron
Partner / Chair, Litigation Department- San Francisco
- Office:+1 415.984.8309
- abarron@nixonpeabody.com
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Robert Fisher
Partner / Practice Group Leader, Government Investigations & White Collar Defense- Boston
- Office:+1 617.345.1335
- rfisher@nixonpeabody.com
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Jenny L. Holmes
Partner / Deputy Leader, Cybersecurity & Privacy- Rochester
- Office:+1 585.263.1494
- jholmes@nixonpeabody.com
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John Ruskusky
Partner / Practice Group Leader, Complex Disputes- Chicago
- Office:+1 312.977.4460Mobile:+1 708.606.8720
- jtruskusky@nixonpeabody.com
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