L. D. Simmons II is a co-chair of our insurance recovery practice and has 20 years of experience representing clients in state and federal courts in high exposure insurance disputes. Clients frequently call on him to handle matters pending in jurisdictions where juries are hostile to corporate defendants, and he has represented clients in cases in Alabama, California, Mississippi, Florida, Delaware, Pennsylvania, Tennessee, Washington, Georgia, North Carolina, Kentucky, New Mexico, New York, New Jersey, South Carolina, West Virginia, Texas and Virginia.
L. D. has represented corporate policyholders in a wide range of insurance coverage disputes arising under many types of policies including: directors and officers, property, general and product liability, professional liability, fidelity and surety, life, and disability policies. He also frequently litigates extra-contractual disputes and counsels clients on risk management issues.
While at his predecessor firm, he led a team that served as national trial counsel for a major property-casualty carrier regarding several lines of business. This experience gives him a unique perspective on claims by insureds against their insurers.
He is active in the insurance coverage bar and is a frequent speaker on insurance and risk management topics.
Mark Lawless is managing partner of the Austin office. His practice concentrates on matters relating to insurance law, litigation and appeals. He provides counsel to corporate policyholders in all types of first- and third-party coverage disputes, including general and products liability, directors & officers, employment practices, construction, contractual indemnity, advertising injury, property, business interruption, and environmental, asbestos, and other “long-tail” claims.
Mark served as director of the Natural Resources Division of the Texas Energy and Natural Resources Advisor Council from 1980-1983. He practiced environmental law until the late 1980s, after which he devoted his practice to insurance recovery for his corporate clients.
A frequent lecturer and author on insurance law, he helped form and is a past chair of the Insurance Law Section of the State Bar of Texas. He also is a founding member of the American College of Coverage and Extra-Contractual Counsel.
Joshua D. Davey has a diverse litigation and regulatory practice including a concentration in insurance coverage disputes. In his insurance coverage practice, Josh focuses on insurance coverage counseling and litigation exclusively on behalf of policyholders. He routinely handles presentation and substantiation of insurance claims under D&O, D&O, CGL, Cyber and other policies, as well as litigation of those claims. He has helped to recover hundreds of millions of dollars on behalf of his clients, and also has substantial experience defending insurance brokers in professional liability suits. He also regularly counsels clients on managing risk through insurance, including cyber and data privacy risks.
Josh’s general litigation practice spans a wide range of industries, and includes work on behalf of clients in the financial services, telecommunications, energy, manufacturing, healthcare, foodservice, media and chemical industries. He has handled disputes at the trial and appellate levels involving mortgage and banking litigation and regulation, government investigations, business tort and trade secret disputes, shareholder derivative and class action suits, real property and construction litigation, government contracting disputes, and media and First Amendment litigation. His clients have included Fortune 100 companies, small and midsize businesses, individuals, and nonprofit, religious, educational and charitable institutions.
In his regulatory work, Josh focuses on regulation and compliance issues affecting financial institutions. He has represented clients in Consumer Financial Protection Bureau examinations and investigations and is active in the firm’s CFPB and bank regulatory practice group as co-chair of the group’s CFPB publishing team. He also counsels clients on compliance issues relating to consumer financial protection laws.
As a member of the firm’s appellate practice group, Josh has handled numerous appeals in federal and state appellate courts and has argued multiple times before the United States Court of Appeals for the Fourth Circuit and North Carolina Court of Appeals.
Prior to joining McGuireWoods, Josh clerked for the Judge Dennis W. Shedd of the U.S. Court of Appeals for the Fourth Circuit. Josh is active in the community and has served as a member of the board of several local nonprofit organizations. Josh is also committed to pro bono work and has represented clients in landlord-tenant disputes and has handled appointments in matters before the U.S. Court of Appeals for the Fourth Circuit and the North Carolina Court of Appeals.