Mikaela is a partner in the McGuireWoods Insurance Recovery Practice and splits her time between the Los Angeles and New York City offices. Her practice focuses on the representation of policyholders in complex insurance coverage matters.
Over the course of her career, Mikaela has mediated and litigated insurance disputes involving a broad range of insurance policies, including directors and officers (D&O) liability, builder’s risk, property, errors and omissions (E&O) liability, event cancellation, general liability (GL), media liability, product liability, pollution liability, employment practices liability, and reps and warranties (R&W). She is especially recognized for her insurance recovery work on high-profile claims concerning defamation, sexual misconduct claims, D&O liability, and E&O liability.
Mikaela recently returned to full time private practice after a two-year secondment as corporate insurance counsel with AECOM. At AECOM, Mikaela advised the risk management group and corporate legal team on all insurance coverage issues and risk mitigation strategies. She also provided legal counsel on all insurance disputes across the company’s global portfolio.
With an expertise gained from both her in-house tenure and prior experience as a partner in private practice, she collaborates closely with clients to understand and anticipate their insurance needs. Her comprehensive analysis of issues, candid communication style, and warm demeanor have garnered her respect from clients and colleagues alike.
Mikaela is a prolific writer and speaker on insurance coverage matters. Her work has appeared in, among others, Law360, Today’s General Counsel, New York Law Journal, Bloomberg Law, Business Insurance, and Sports Business Journal. Mikaela is also the author of the leading PLI insurance treatise, A Policyholder’s Primer on Insurance, and a contributing author to the LexisNexis New Appleman Sports and Entertainment Insurance Law and Practice Guide.
Experience
- Representing a Fortune 500 infrastructure and engineering consulting firm on various E&O, GL and Builders Risk disputes as well as advising on claims and risk management.
- Representing a financial services company in an insurance coverage litigation pending in the Northern District of California concerning the linkage of claims and coverage for trademark infringement suits in New York and Colorado courts.
- Representing school districts in New York and California regarding coverage for alleged sexual misconduct.
- Represented a Fortune 500 food purveyor in a $65M directors and officers insurance coverage litigation in Delaware state court.
- Represented a tort claimants’ committee on all insurance coverage matters in a bankruptcy filed in the U.S. Bankruptcy Court of Delaware concerning in excess of $1B in insurance assets and alleged sexual misconduct.
- Represented a telecommunications company in a directors and officers insurance coverage litigation in the Central District of California concerning an underlying Trustee Action, alleged breach of fiduciary duty, and ~$100M in alleged recoverable assets.
- Represented a public figure in insurance coverage litigation in Massachusetts state court concerning coverage for defamation.
- Represented a leading U.S. financial services corporation in various D&O and E&O insurance disputes as well as advising on policy wording and risk management.
- Represented a global energy corporation in coverage litigation in New York state court concerning coverage for property damage to wind turbine generators.
- Represented of Fortune 500 agriculture company in a litigation in Delaware state court concerning coverage for property damage and business interruption losses arising from Hurricane Katrina.
- Benjamin N. Cardozo School of LawJD
- The University of ChicagoBA
Selected for inclusion in Best Lawyers: One to Watch, Insurance Law, 2021-present
Named a “Future Litigation Star Insurance: New York,” Benchmark Litigation, 2021-2023
Named a “Rising Star in Insurance Coverage,” Super Lawyers, 2014-2022
Named a “Super Lawyer,” Super Lawyers, 2023
Selected for inclusion in Euromoney’s Women in Business Law Expert Guide, 2021-2023
- Author, Steps for Companies to Maximize Potential Insurance Recovery After the EPA’s Recent PFAS Designation, Pro Policyholder, May 13, 2024
- Author, "A Policyholders Primer on Insurance," Practicing Law Institute (PLI), August 2023
- Author, "How to Maximize Insurance Recovery for TVPA Lawsuits," Hotel Executive, December 22, 2022
- Contributing Author, "New Appleman Sports and Entertainment Insurance Law & Practice Guide," LexisNexis, December 2022
- Author, "What Hotels Need to Know about Insurance And TVPA Lawsuits," Hotel Management, November 27, 2022
- Author, "Tips to Maximize Insurance Recovery," Today’s General Counsel, October 10, 2022
- Author, "A Policyholders Primer on Insurance," Practicing Law Institute (PLI), August 2022
- Author, "Human Trafficking and Insurance Coverage Implications for the Hospitality Industry," Daily Journal, July 29, 2022
- Author, "The Related Claims Provision in Insurance Coverage Disputes," New York Law Journal, May 23, 2022
- Author, "COMMENTARY: Key Developments in D&O Insurance Law in 2021," Mealey’s Emerging Legal Disputes, February 2, 2022
- Author, "The Legalization of Cannabis in New York and the Need for D&O Insurance Coverage," New York Law Journal, May 21, 2021
- Quoted, "Insurers Knew They Might Have to Pay Virus Claims," Insurance Business Magazine, May 7, 2021
- Author, "What You Should Know about D&O or R&W Insurance in Mergers & Acquisitions," ABA Business Today, May 5, 2021
- Author, "What Will ‘G&G Oil’ Mean for New York Businesses Seeking Insurance for Ransomware Attacks," New York Law Journal, February 26, 2021
- Author, "Recent Hot Pockets Recall for Plastic Contamination Highlights the Various Types of Potential Insurance for Food Recalls," Lexology, February 19, 2021
- Quoted, "Plastics and the Planet: Who Will Bear the Costs?," The Global Association of Risk Professionals (GARP), July 30, 2020
- Quoted, "In-Depth Insurance and Legal: The Jury is Still Out On How Event-Insurance Policies Will Help Sports Recover From the Pandemic," Sports Business Journal, July 13, 2020
- Author, "The Coming Wave of Plastic Liabilities and Insurance Coverage," New York Law Journal, May 31, 2020
- Author, "FAQ’s on Insurance in the COVID-19 Era," Connect Association Magazine, May 27, 2020
- Author, "Event Cancellation Insurance and March Madness," Athletic Business, February 27, 2020
- Author, "Insight: Tips To Maximize Coverage and Limit Insurers’ Deductions to Defense Cost Invoices," Bloomberg Law, February 4, 2020
- Author, "Insurance Trends to Watch in 2020," Insurance Services Network, February 2020
- Author, "Using Unfair Claim Settlement Statutes to Prove Bad Faith," New York Law Journal, October 10, 2019
- Author, "Insuring Risk in the Fitness Industry and the Commercial Liability Policy," Lexology, September 5, 2019
- Author, "Do Weather Related Sublimits Apply to Time Element Coverages," Lexology, July 18, 2019
- Author, "Insurance Considerations for the Music Festival Business," New York Law Journal, June 7, 2019
- Author, "The Sixth Circuit Highlights a Key Insurance Issue for the #MeToo Era in Negligent Hiring, Supervision and Retention Cases Involving Sexual Misconduct," Lexology, June 6, 2019
- Author, "Debunking the Myth that the First Department Has Rung the Death Knell on Disgorgement," New York Law Journal, October 15, 2018
- Author, "Disgrace Insurance: The Crossroads of Branding and Scandal," New York Law Journal, August 9, 2018
- Author, "Worried about Harvey, Travis or Roseanne at Your Company? Here’s What GC’s Can Do," Corporate Counsel Magazine, August 7, 2018
- Author, "Terrorism, Hurricanes, and Wildfires: Event Cancellation Insurance in the Age of Uncertainty," Advisen, November 9, 2017
- Author, Westworld, Skynet . . . There Might Be Insurance For That!, New York Law Journal, June 5, 2017
- Author, Insurance Law Implications of the Shared Economy, Spring 2017 Edition of New Appleman in Insurance: Current Critical Issues in Insurance Law, April 12, 2017
- Author, What Companies Must Know About Social Media and Insurance, Law360, March 23, 2017
- California
- New York
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of New York
- Speaker, "Insurer Pressure Points: Making an Insurer Pay Claims," Women Influence & Power in Law (WIPL) Conference, October 18, 2023
- Speaker, "Insurance Coverage and Defamation," Sermapod, Ep. 41, August 24, 2023
- Speaker, "Maximizing the Value of Your Company’s Liability Policies," General Counsel Conference Midwest by ALM/Law.com, June 14, 2022
- Speaker, "Protecting Your Assets - Post Pandemic Insurance Checklist: insurance/Risk, Business Interruption, Cyber, Trafficking, EPLI, and Dram Shop," Choice Hotels Conference, May 3, 2022
- Speaker, "The In-House Attorney’s Guide to Insurance," Association of Corporate Counsel Southern California, March 2, 2022
- Speaker, "The High Points of Insuring the Cannabis Industry," Florida RIMS Annual Conference, July 29, 2021
- Speaker, "Insurance Coverage and Preparing for Emerging Risks," Orange County Bar Association Education Series, July 21, 2021
- Speaker, "Sexual Abuse Litigation and Insurance Coverage," Perrin Conferences, March 18, 2021
- Speaker, "Plastics-Related Liabilities and Insurance Recovery with Mikaela Whitman," Emerging Litigation Podcast, February 1, 2021
- Speaker, "A Guide to Legislative and Regulatory Pandemic Responses," COVID-19 Virtual Insurance Litigation Summit, July 23-24, 2020
- Speaker, "COVID-19 and the Entertainment Industry," German Chamber of Commerce, June 25, 2020
- Speaker, "State of the Practice Area Roundtable: Insurance Law," Lawline, June 17, 2020
- Speaker, "COVID-19 Disruptions and Insurance Implications," Association of Food Industries (AFI), May 12, 2020
- Speaker, "SBJ Unpacks - Weathering Covid-19 Podcast," Sports Business Journal, March 19, 2020
- Speaker, "Insurability of Disgorgement and Restitution Claims," Strafford Live CLE Webinars, September 25, 2019
- Speaker, "Sex, Drugs & Rock ‘n’ Roll: Insuring the Music Industry," AmericanaFest, September 13, 2018
- Speaker, "Women in Sports Law and Entertainment: Perspectives and Insights," ABA and American University Washington College of Law 2017 Fall Symposium on Sports and Entertainment Law, October 20, 2017
- Speaker, "Risk Transfer and Cyber Security," Wharton School of the University of Pennsylvania, September 29, 2016