Margaret M. Niver
Partner

Ms. Niver focuses on complex commercial litigation, with an emphasis on insurance and ERISA litigation. Ms. Niver has represented life insurance companies, title insurance companies and reinsurers in a variety of matters. Ms. Niver’s practice includes investigation and analysis of insurance claims and defense of lawsuits for insurance benefits in claims and bad faith litigation. In addition, Ms. Niver has handled claims of employment discrimination, retaliation and wrongful termination for insurance company clients.

Ms. Niver's practice also includes defense of unfair competition actions brought by private plaintiffs, district attorneys and the California Attorney General’s office. Ms. Niver has represented retailer clients in unfair competition actions involving allegations of scanner errors, sales of mislabeled, short weighted or expired products and sales of cigarettes to minors.

• Represented retailer in putative class action brought by consumers who alleged they had purchased counterfeit infant formula. After defeating a motion for class certification, we obtained a favorable settlement for our client.
• Represented title insurance company in bad faith action. After obtaining favorable pretrial rulings, we were able to settle the case after two days of trial for a waiver of costs.
• Represented life insurance company in suit by competitor for misappropriation of trade secrets. After five-week trial, we persuaded the court that the underwriting methodology at issue was not a trade secret.
• Represented disability insurer in trial of claim for benefits under ERISA. Court ruled that plaintiff was not entitled to further disability benefits from our client.
• Represented life insurance company in suit alleging that its agent had committed fraud. We obtained summary judgment of all claims against our client.
• Represented retailer in unfair competition action brought by California Attorney General and in putative class action alleging sale of adulterated meat. After resolving the Attorney General’s action by stipulated judgment, we obtained judgment on the pleadings in favor of our client in the putative class action.

United States Court of Appeals for the Ninth Circuit; U.S. District Court for the Northern, Central, Southern and Eastern Districts of California