David M. Cummings
Overview
David Cummings is a litigation partner in the Chicago office of Kirkland & Ellis LLP. David’s practice focuses on insurance recovery dispute resolution, advocacy and counseling. He is a zealous advocate for corporate policyholders, offering creative and effective strategy for developing and navigating claims and prosecuting and resolving disputes concerning all types of insurance coverage. David also acts as a trusted adviser to clients, helping them identify and navigate risks and guiding them during policy placements and renewals, successfully negotiating coverage programs designed to better reflect their unique risk profiles and minimize the likelihood of future disputes. David has a particular interest in and is a thought leader with respect to emerging risks and insurance issues, including cyber and ransomware threats, the evolving ESG and environmental landscape and developing technologies.
David has a track record for successfully guiding clients through all phases of insurance claims, litigation, arbitration and mediation, with particularly notable experience handling large and complex disputes, often addressing novel legal issues under all types of coverage, including general liability, property, directors and officers, professional liability, commercial crime, fiduciary liability and cyberliability insurance, among others. As a policyholder advocate, David is routinely leveraged to bring value to commercial transactions by advising clients with respect to the fulfillment of insurance requirements and by negotiating coverage crucial to closing the deal, including representations and warranties products.
David’s representations range from large publicly-traded Fortune 500 corporations to start-ups and mid-market private companies covering industries as diverse as banking and finance, energy exploration and development, mortgage servicing and real estate, manufacturing, consumer retail and eCommerce, hospitality, entertainment and gaming, and healthcare. David’s practice is international, with depth of experience in matters across the country at the state and federal level and experience in matters involving the London and Bermuda markets, to name but a few.
Experience
Representative Matters
Prior to joining Kirkland, David was involved in the following matters:
- Represented aircraft leasing companies under first party aviation coverage with respect to over $1.6 billion of insured assets wrongfully detained in Russia following the invasion of Ukraine.
- Represented an industry leader in semiconductor manufacturing and processing with respect to its $400+ million first party property claim for substantial property damage and business interruption losses as a result of the unprecedented weather event Winter Storm Uri.
- Represented one of the world’s largest pork producers and food processing companies regarding its $100+ million claim for coverage for bodily injury and property damage alleged by hundreds of nuisance claimants under commercial and auto liability policies, including navigating complex defense and indemnity allocation issues.
- Represented natural food and personal care products company regarding its $50+ million claim for directors & officers and professional liability coverage with respect to losses and damages experienced as a result of substantial securities litigation.
- Represented hospital system with respect to its multi-million dollar claim for commercial crime coverage for losses as a result of former employee conspiracy and theft, including issues of potential insurer bad faith.
- Represented policyholder advocacy organization as amicus curiae in appellate proceedings for a $1.4 billion case of first impression involving the unprecedented application of a “hostile or warlike action” exclusion to a crippling cyber attack.
- Represented one of the world’s largest footwear manufacturers with respect to its $100+ million claim for coverage under several decades of general liability policies for losses and damages related to lawsuits and regulatory actions involving environmental PFAS and PFOS exposure and resultant property damage and bodily injury, including navigating complex defense and indemnity allocation issues as well as lost and missing policy disputes.
- Represented a multinational financial services company and its wholly-owned captive insurer in both litigation and Bermuda-based arbitration with respect to its $50+ million claim for directors and officers reinsurance coverage for damages and losses with respect to legacy securities litigation stemming from the 2008 financial crisis.
Advised one of the world’s largest candy companies regarding its multi-million dollar claim for coverage under cyber liability and first party property policies in the wake of a crippling ransomware attack.
Clerk & Government Experience
Legal ExternGovernor Pat QuinnGovernor of Illinois, Office of the General Counsel2011
More
Thought Leadership
Publications
Co-Author, “Video Game Addiction Lawsuits: Securing Insurance Proceeds for the Next ‘World-Wide Epidemic,’” The Harvard Journal of Law & Technology Digest, April 26, 2024
Co-Author, “Let’s ‘chat’ about A.I. and insurance,” Reuters, October 24, 2023
Co-Author, “SEC’s New Rules Likely Will Affect Cyber, D&O Insurance,” Law360, September 6, 2023
Co-Author, “Insurance coverage implications of SEC’s cybersecurity disclosure rules,” The Policyholder Perspective, August 31, 2023
Co-Author, “One year after Dobbs: Are medical providers and employers still at risk for lawsuits stemming from abortion access, and should they consider the role of liability coverage?” The Policyholder Perspective, June 14, 2023
Author, “Software as a Product and the Insurance Coverage Implications,” The American Bar Association, October 31, 2022
Co-Author, “A tightening cyber insurance market: War exclusions in the wake of Merck v. Ace,” The Policyholder Perspective, September 7, 2022
Co-Author, “Insurance applications under scrutiny: Lessons from Travelers v. ICS,” Reed Smith Client Alerts, July 21, 2022
Co-Author, “An inside look at liability in the era of autonomous vehicles,” Automotive World, July 13, 2022
Co-Author, “Insurance coverage in the wake of a fragmented supply chain,” Thomson Reuters, February 11, 2022
Co-Author, “Lessons from Merck v. Ace: A cyberattack does not amount to an ‘act of war,’” The Policyholder Perspective, February 11, 2022
Co-Author, “Navigating Ransomware Attacks: Insurance Coverage Best Practices,” Corporate Counsel, October 19, 2021
Co-Author, “Northern District of Illinois rules restaurant groups’ multi-district litigation COVID-19 business interruption claims should proceed,” Reed Smith Client Alerts, March 2, 2021
Co-Author, “Insurance Coverage in the Wake of a Natural Disaster: Current Issues and Hot Topics,” Legal Media Group’s Expert Guides, March 29, 2018
Co-Author, “Beware the Fine (Thumb) Print: Insurance Coverage for Class Actions Under the Illinois Biometric Information Privacy Act, and Similar Biometric Privacy Statutes,” The Policyholder Perspective, October 31, 2017
Co-Author, “Beware the Fine (Thumb) Print: Insurance Coverage for the Storm of Class Actions Under the Illinois Biometric Information Privacy Act and Similar Biometric Privacy Statutes,” Reed Smith Client Alerts, October 25, 2017
Author, “Case Management Lessons Learned from the Lone Pine Controversy in the Zimmer MDL,” IADC, February 1, 2017
Author, “Differential Diagnosis and Daubert: Preventing the Misuse of Differential Etiology to Prove Causation in Toxic Tort Cases,” IADC, February 1, 2017
Author, “Second Circuit Upholds Dismissal in UBS Securities Case,” Securities Litigation & Enforcement Trends, August 31, 2014
Author, “Creative Expression and the Human Canvas An Examination of Tattoos as a Copyrightable Art Form,” University of Illinois Law Review, December 31, 2013
Speaking Engagements
Speaker, “Representations and warranties insurance: Best practices and industry trends,” Insured Success Podcast, April 23, 2024
Speaker, “Privacy Law,” University of Illinois College of Law, April 12, 2024
Speaker, “Spotlight on Bespoke Celebrity and Athlete Coverages,” ABA Insurance Coverage Litigation Committee Conference Roundtable Program, March 8, 2024
Speaker, 75th Annual Energy Law Conference, February 22–23, 2024
Speaker, “Death by Treadmill,” Sports & Entertainment Risk Management Alliance (SERMA), January 18, 2024
Speaker, “The BI Interview with David Cummings of Reed Smith,” Business Insurance, November 14, 2023
Speaker, “Celebrity and Athlete Body, Likeness, and Reputation Insurance Products,” SERMAPod, August 1, 2023
Speaker, “Representations and warranties insurance: an overview and practical considerations,” Global Insurance Symposium, May 17, 2023
Speaker, “Reading and Understanding a Corporate Insurance Policy,” Lorman Education Services, April 22, 2022
Speaker, “Privacy Law,” University of Illinois College of Law, April 14, 2022
Speaker, “Navigating Ransomware Attacks: Insurance Coverage Best Practices,” ABA Insurance Coverage Litigation Committee Conference Roundtable Program, March 4, 2022
Speaker, “Reading and Understanding a Corporate Insurance Policy,” Lorman Education Services Webinar, November 7, 2019
Press Mentions
Quoted, “Merck cyber coverage upheld in NotPetya decision, seen as victory for policyholders,” Cybersecurity Drive, May 3, 2023
Quoted, “Court Rules in Favor of Merck in $1.4 Billion Insurance Claim Over NotPetya Cyberattack,” Security Week, May 3, 2023
Quoted, “Merck insurer ordered to pay $1.4B in NotPetya attack, court rules,” SC Media, May 3, 2023
Quoted, “Merck’s Insurers On the Hook in $1.4 Billion NotPetya Attack, Court Says,” Wall Street Journal, May 2, 2023
Quoted, “NotPetya war clause inapplicable: Appeals court,” Business Insurance, May 2, 2023
Quoted, “Merck Cyberattack Damages Don't Fall Within Policy Exclusion for ‘Hostile/Warlike Action,’ Appellate Division Rules,” New Jersey Law Journal, May 1, 2023
Quoted, “NJ Appeals Panel Upholds Merck's $1.4B Cyber Coverage Win,” Law360, May 1, 2023
Quoted, “Insurers Say Cyberattack That Hit Merck Was Warlike Act, Not Covered,” Wall Street Journal, February 8, 2023
Quoted, “5 Cyberinsurance Developments To Be Thankful For,” Law360 Insurance Authority, November 22, 2022
Quoted, “Wave of Biometric Privacy Class Actions Builds; Employers Urged to Review Procedures, Insurance Coverage,” Cook County Record, November 14, 2017
Recognition
Memberships & Affiliations
Adjunct Professor, UIC College of Law, Lawyering Skills Department
Guest Lecturer, University of Illinois College of Law, Privacy Law
Credentials
Admissions & Qualifications
- 2013Illinois
Courts
- United States Court of Appeals for the Federal Circuit
- United States District Court for the Central District of Illinois
- United States District Court for the Northern District of Illinois
- United States District Court for the Southern District of Indiana
- United States District Court for the Eastern District of Wisconsin
Education
- University of Illinois College of LawJ.D.cum laude2013Topics Editor, University of Illinois Law Review
- University of Illinois at Urbana-ChampaignB.S., Advertising & Sociologywith
Highest Honors, 2010
Bronze Tablet Scholar
James Scholar