Brooke Yates

Representative Experience

• Achieved successful resolution of construction defect claim involving public buildings and recovered $14.8 million insurance recovery for a general contractor in connection with dispute.
• Successfully negotiated $3 million insurance coverage recovery on behalf of insured in coverage case under a Commercial General Liability Policy.
• Advised clients on wrap-up programs (OCIPs and CCIPs) for multi-million dollar construction and development projects.
• On behalf of a bank, recovered $1 million in insurance coverage in connection with Ponzi scheme litigations.
• Obtained substantial defense and indemnity benefits from insurance company on behalf of international consulting service firm under Commercial General Liability Policy arising from international litigation.
• Obtained bad-faith jury verdict, entailing double damages and attorneys’ fees, against general liability carrier for its unreasonable delay and denial of coverage for damages arising out of a construction accident, resulting in recovery of over $2.5 million insurance recovery.
• Prevailed at the Court of Appeals concerning recovery damages under the insurance bad-faith statute.
• On behalf of numerous contractor clients, successfully negotiated millions of dollars in insurance recovery in connection with construction defect claims.
• On behalf of subcontractor, obtained jury verdict against lower-tier subcontractor in payment dispute.
• In commercial tort matter, successfully dissolved temporary restraining order and defeated preliminary injunction motion.
• Obtained full arbitration award on behalf of national trust company in contract dispute.
• On behalf of contractor, successfully negotiated settlements with multiple parties in multimillion-dollar payment dispute involving high-end condominium project.
• Successfully obtained prejudgment writ of attachment and negotiated successful resolution of employee embezzlement claim.
• Successfully obtained temporary restraining order and stipulated preliminary injunction in complex, multimillion-dollar, multiparty business dispute.
• Prevailed in seven-day bench trial concerning payment dispute between contractor and owner.
• Advised clients on data security and privacy breaches arising from employee theft.
• Represented clients in connection with complex, multiparty commercial litigation, which regularly involved breach of contract, breach of fiduciary duty, and fraud claims. 

* - Ms. Yates handled some of the above representations prior to joining Foley Hoag, LLP.