Edward M. Dunham, Jr.
Of Counsel, Litigation Department
Phone: 267.443.4109
edunham@kleinbard.com
 
 
 
 
 
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/ Edward T. Butkovitz
/ E. David Chanin
/ Howard J. Davis
/ Edward M. Dunham, Jr.
/ Steven J. Engelmyer
/ Michael A. Frattone
/ Paul G. Gagne
/ Zachary C. Glaser
/ Mary Beth H. Gray
/ David L. Hyman
/ Bernard B. Kolodner
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/ Alan W. Wong
 

Edward M. Dunham, Jr.

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Industries and Business Sectors: Business Services, Insurance, Professional Services, Technology

Background and Experience

Ned Dunham is Of Counsel to the Firm and a member of the Litigation Department.  He practices in the areas of insurance coverage, commercial litigation, and risk exposure management, with a specialization in cyber-risk management. 

Along with a business partner of the Firm, Ned has developed a number of proprietary, algorithm-based assessment tools which, when combined with the Firm’s business and litigation services, assist insurance and reinsurance brokers, intermediaries, and underwriters, as well as policyholders, in assessing the risks to be insured or reinsured.  The family of offerings includes two recently-launched exposure management tools: Frigate for profit and nonprofit businesses, and Summa for higher education institutions.

Ned is a frequent lecturer on Internet risks and solutions.  He is also an adjunct professor of advanced insurance law and risk management at the Rutgers-Camden School of Law.

Throughout his career, Ned has been involved in some of the largest insurance coverage litigation in the country.  He has acted as lead defense counsel for environmental insurance coverage litigation, and as national coordinating counsel for major asbestos litigation.

Ned is active in dispute resolution as a Judge Pro Tem for the Commerce Program of the Philadelphia Court of Common Pleas, a nationally recognized business court.

Underlying his qualifications in aviation and maritime law, Ned is a naval aviator with more than 6,000 hours of pilot time.  During his 14 years on active duty, and 24 years in the active reserves, he flew a variety of single and multi-engine jet, turbo prop, and reciprocating engine aircraft.  He holds a civilian instrument rating as a single engine (land) and multi-engine (land and sea) pilot.  Ned is a graduate of the U.S. Naval War College, a retired Captain in the Naval Reserve, and a veteran of the Vietnam War

Representative Matters

  • Successfully represented an international Bermuda insurance carrier in federal court litigation involving major jurisdictional issues and with substantial amounts of potential exposure, securing a dismissal of the client from the litigation.
  • Represented a regional refining company in separate asbestos litigation filed in two jurisdictions and succeeded in both cases in extracting the client from the litigation on the basis of summary judgment motions.
  • Represented a national law firm in hotly contested, long term  and protracted state and federal court litigation, settling for less than 1% of the amount demanded.
  • Represented a major insurance carrier in national environmental insurance coverage litigation and, along with other carriers, secured a win for the insurance industry at the U.S. Supreme Court.
  • Represented a major insurance carrier in the first New Jersey environmental insurance coverage case under strict guidelines set by the New Jersey Supreme Court, securing a victory for his client.
  • Represented a major insurance carrier in a protracted hepatitis B/HIV coverage case that, after all the other carriers settled for substantial sums, settled on the eve of trial with no payment to the plaintiff policyholder.
  • Represented a major U.S. aircraft engine manufacturer in a crash/multiple death case in which the parties settled with no payment by the engine manufacturer.
  • Represented a regional contractor in complex litigation involving witnesses in the Federal Witness Protection Program, in cooperation with the U.S. Department of Justice, resulting in a finding of no liability for the contractor.
  • Successfully represented, on a pro bono basis, a death row defendant who had been the victim of inadequate representation at the trial and guilt phases of his trial and appellate proceedings.

Professional Highlights

Publications

Ned has written numerous articles on the subject of cyber-risk.  His most recent articles are entitled "Non-IT Exposures May Kill Your Business," "Intelligently Managing Cyber-Risks Is Just Plain Good Business," "A Jumpstart for the Cyber Risk Insurance Market," and "Consequences of Snowden Leaks May Be Worse Than You Think."

Prior Experience

Prior to joining the Firm, Ned was an associate and partner in the Philadelphia firm of Spector Gadon and Rosen PC; a founding member and partner of Miller Dunham & Doering LLC; and a partner at Duane Morris LLP.

Community Activities

Ned is a past Chair of the Committee of Seventy, a prominent Philadelphia watchdog organization, and remains active in the organization.  He is on the Board of the International Visitors Council.

Ned was recently appointed by Mayor Nutter as a commissioner to The Special Independent Advisory Commission to Review And Evaluate the Department of Licenses and Inspections.

Education

Harvard Law School (J.D. 1975)
Co-winner, annual Williston Contracts Competition for contract negotiation and drafting

University of Rhode Island (B.S. 1970)

U.S. Naval War College (Command and Staff course, 1970)

Admissions

Supreme Court of Pennsylvania
Supreme Court of the United States
U.S. District Courts for the Eastern, Middle, and Western Districts of Pennsylvania
U.S. Court of Appeals for the Third and Fifth Circuits

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