Brian T. Himmel

He has represented policyholders in the pursuit of insurance coverage through negotiation, mediation, and litigation with respect to numerous types of claims, including product liability, intellectual property disputes, professional liability, cyberliability, employment practices liability, employee dishonesty matters, and advertising injury.

Brian has also litigated claims for bad faith against insurers and, as trial counsel, obtained a $46.9 million verdict for bad faith damages – the largest amount awarded under Pennsylvania’s bad faith statute. Brian has extensive experience representing policyholders with respect to long-tail claims arising out of both toxic-tort and environmental liabilities. Brian negotiated hundreds of millions of dollars in insurance settlements to fund trusts to pay present and future asbestos and/or silica claims. Brian has also negotiated coverage-in-place agreements to secure continued coverage for future mass tort claims.

Brian advises and represents clients in all aspects of restrictive covenant and trade secret matters. He routinely counsels clients regarding the drafting and enforcement of restrictive covenants, as well as contracts for the protection of trade secret information. Brian also advises clients regarding best practices relating to restrictive covenant issues, including the hiring of individuals subject to confidentiality obligations or restrictive covenants. Brian is often called upon to negotiate resolutions to disputes involving restrictive covenant and/or trade secret issues. When negotiation is not a viable option, Brian has extensive experience litigating these issues, including in the contexts of temporary restraining orders and preliminary injunctions.

Brian has participated in all aspects of litigation and trial work in various state and federal courts. He also has extensive appellate experience, having briefed and argued before the Pennsylvania Superior and Supreme Courts, and the United States Court of Appeals for the Third Circuit.