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James P. Bobotek, Partner

James P. Bobotek

Partner
Northern Virginia

Partner, Northern Virginia

T: +1.703.770.7930
T: +1.703.770.7930

Areas of Focus

Jamie Bobotek has been our go-to expert, on numerous complex deals, for all of our construction and insurance-related needs. Jamie has demonstrated top notch competency, professionalism, and customer service for years. We plan to continue to use Jamie for all such needs in the future.
—Edward Mullaney, Vice President, JBG SMITH Properties

Pillsbury partner James Bobotek concentrates his practice on a variety of construction and insurance matters.

Jamie guides clients through all phases of development and construction of commercial properties, including preparation, review and negotiation of development, design, construction, design-build, and related agreements. Jamie also counsels clients in analyzing insurance coverage claims, formulating risk management strategies, and developing contractual insurance requirements. Jamie has secured many favorable outcomes for commercial policyholders on CGL, builder’s risk, commercial property, business interruption, E&O, cyber, professional liability, D&O, pollution, fidelity and other claims.

Representative Experience

  • Drafted and negotiated construction, design and development contracts for projects totaling billions of dollars.
  • Represented public-private partnerships with respect to construction, design and ancillary agreements relating to United States military housing privatizations across the country, including projects in California, Arizona, Maryland, Virginia, West Virginia, Nevada, Georgia and Missouri.
  • Drafted form construction and design contract packages for owners, developers and contractors for use throughout the United States.

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  • Achieved partial summary judgment against AIG entity in connection with property insurance coverage dispute for multinational university arising from the 2010 earthquakes in Chile.
  • Obtained a summary judgment ruling in a Student Financial Corp. bankruptcy legacy case for an additional insured/policyholder under a fidelity bond (financial institution bond) in connection with alleged Ponzi-scheme losses.
  • Obtained a dismissal of first-filed insurance carrier declaratory judgment action, allowing an iconic brand company’s $18 million flood loss claim to proceed against carrier in carrier’s home forum of Tennessee.
  • Deployed novel theory to defeat insurance carrier effort to align parties to create federal court jurisdiction, creating favorable new law in removal disputes with insurance carriers.
  • Represented a telecommunications provider in successful prosecution of its claims against its E&O insurer confirming coverage for class action claims alleging cyber-related activities.
  • Obtained significant recovery under a builders risk policy on behalf of a contractor for a delay claim arising out of a subcontractor’s provision of defective materials.
  • Procured multimillion-dollar defense and indemnity recovery under “personal injury” CGL coverage relating to a discrimination suit brought by the U.S. Department of Justice on behalf of multiple claimants.
  • Obtained recovery under an event cancellation policy for two class action suits brought as a result of logistical difficulties in connection with a client’s presidential inauguration-related experiential student conference.
  • Obtained full property loss and business interruption coverage, as well as defense and indemnity coverage for third-party suits, arising out of a catastrophic fire at a defense contractor’s warehouse facility.
  • Attained defense and indemnity coverage for an international construction company arising out of concrete plant emissions.
  • Obtained defense and indemnity coverage under a professional liability policy for an engineering company faced with excess exposure.
  • Recovered full pre-suit indemnity for a government contractor in a construction claim related to faulty subcontractor work.
  • Protected a commercial developer’s interests under a builders risk policy in connection with a faulty workmanship claim.
  • Represented clients in various industries in structuring and negotiating the terms of their cyber insurance programs.

Professional Highlights

  • Member of the Insurance Recovery & Advisory practice, named by Law360 as a Practice Group of the Year in 2010, 2015, 2016, 2020 and 2022.
  • Member of the ABA’s Insurance Coverage Litigation Committee, co-chair of its Construction Subcommittee and appointed vice-chair of the Committee’s 2017 Annual CLE Seminar and Meeting.
  • Authored “Builders Risk Insurance,” New Appleman on Insurance Law Library Edition, Chapter 50 (updated 2016) and “Understanding Product Liability Insurance,” New Appleman Insurance Law Practice Guide, Chapter 30B (2013).

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  • Presented “Mind the Gaps: Potential Gaps Between Cyber and Other Commercial Policies,” at the ABA Insurance Coverage Litigation CLE Seminar, March 2016.
  • Honors and Awards
    • Recognized by Best Lawyers (published by BL Rankings LLC), Insurance Law (2020 – 2024).
    • Legal 500 U.S., Insurance: Advice to Policyholders (2017 – 2018)
  • Associations
    • American Bar Association
      • Insurance Coverage Litigation Committee
      • Co-chair, Construction Subcommittee
      • Property Insurance Law Committee
      • Fidelity and Surety Law Committee
      • Tort Trial and Insurance Practice Section
    • Forum on the Construction Industry
    • Virginia State Bar – Construction Law and Public Contracts Section
    • District of Columbia Bar – Litigation Section
    • NAIOP
    • Former member, Board of Directors, Rising for Justice (formerly D.C. Law Students in Court, Inc.)
  • Presentations and Publications
    • Bisnow’s “National Landing Update: NoVa’s Newest Live, Work, Play Destination,” March 22, 2022. Moderator.
    • “Construction Contracts: Waivers of Subrogation, Indemnification, and Contribution,” Strafford Publications CLE Webinar, April 8, 2020.
    • Bisnow’s “Future of Alexandria – What Amazon Means for Old Town and Beyond,” August 27, 2019. Moderator.
    • “Construction Defect Coverage in Builder’s Risk Insurance Policies,” Strafford Publications CLE Webinar, August 27, 2019.
    • “Do Recent Events Make You ‘Wanna Cry?’” Perspectives on Insurance Recovery 2017, Summer 2017.
    • “Do These Contracts Work Together? Agreements to Indemnify and General Liability Insurance – A 50 State Survey,” (DC Chapter) ABA Insurance Coverage Litigation Committee Publication, 2016.
    • “Construction Defect Insurance Claims,” Strafford Publications CLE Webinar, November 2015.
    • “Maximizing Recovery after South Carolina’s 1,000-Year Flood,” Pillsbury Webinar, November 4, 2015.
    • “Managing Cyber Risks: Legal and Risk Management Strategies to Consider,” Pillsbury Webinar, September 22, 2015.
    • “The Wild West Meets the Future: Key Tips for Maximizing Your Cyber and Privacy Insurance Coverage,” Pillsbury CLE Marathon, September 2015.
    • “Cyber Insurance – Risks and Coverages,” Legal Quick Hit, Association of Corporate Counsel, September 8, 2015.
    • “Deconstructing Wrap-Ups,” Strafford Publications CLE Webinar, August 2015.
    • “Additional Insured Coverage in Construction Contracts and Interplay with Contractual Indemnification,” Strafford Publications CLE Webinar, May 2015.
    • “Coverage Conundrums in Class Actions,” ABA Insurance Coverage Litigation CLE Seminar, March 2015.
    • “Insurance Coverage for False Claims Act Claims,” Pillsbury Webinar, October 16, 2014.
    • “Evolution of Additional Insured Coverage Under CGL Policies: Understanding Policy Endorsement Language and, Increasingly Contract Language, Is of Paramount Importance,” New Appleman on Insurance: Current Critical Issues in Insurance Law, Summer 2014.
    • “Yours, Mine, or Ours? The Evolution of Additional Insured Coverage,” ABA Insurance Coverage Litigation CLE Seminar, March 2014.
    • “Deconstructing Wrap-Ups,” Strafford Publications CLE Webinar, January 2014.
    • “Hurricane Season Is Here – Is Your Insurance Program Ready for the Next Storm?,” Insurance Coverage Law Report, September 2013.
    • “Ensuring Your Insurance Program is Ready for the Next Storm,” Property Casualty 360°, August 2013.
    • “Clarification or Increased Confusion? ISO’s 2013 Additional Insured Endorsement Revisions Place Heightened Emphasis on Contractual Risk Transfer Language,” Pillsbury Perspectives on Insurance Recovery, Summer 2013.
    • “Are You Ready for the Next Superstorm? Critical Insurance Coverage Issues Emerging in the Wake of Superstorm Sandy,” Pillsbury Webinar, June 2013.
    • “Construction Defect Insurance Claims – Best Practices for Policyholders and Insurers to Resolve Coverage Disputes” Strafford Publications CLE Webinar, June 2013.
    • “Make It or Break It – Tips and Strategies for Maximizing the Value of a Corporate Deposition in Your Coverage Case,” ABA Insurance Coverage Litigation CLE Seminar, March 2013.
    • “Wrap Insurance for Construction Projects: Understanding Scope of Coverage and Resolving Coverage and Indemnification Disputes,” Strafford Publications CLE Webinar, January 2013.
    • “Recent Developments in Property Insurance Coverage Litigation,” ABA Tort Trial & Insurance Practice Law Journal, Winter 2012.
    • “Understanding Product Liability Insurance,” New Appleman Insurance Law Practice Guide, Chapter 30B.
    • “Builders Risk Insurance,” New Appleman on Insurance Law, Library Edition, Chapter 50.
    • “Real Estate and Construction Risk Management: Tips to Ensure Your Status as an Additional Insured,” Pillsbury Perspectives on Real Estate, Fall 2012.
    • “After Superstorm Sandy: Property Insurance Coverage Issues Wash Ashore,” White Paper published by Lockton Companies, November 2012.
    • “Recent Legal Trends in Privacy and Cyber Insurance,” Pillsbury CLE Marathon, September 2012.
    • “Trap or Treasure: Often Overlooked Provisions in General Liability Policies,” New Appleman on Insurance: Current Critical Issues in Insurance Law, Winter 2012.
    • “Builders Risk Insurance for Construction Projects: Legal Issues,” Strafford Webinar Series, June 2012.
    • “Insurance Issues and Trends Impacting the Food and Beverage Industry,” The Legal Council, May 2012.
    • “Real Estate Insurance Issues,” Mid-Atlantic Real Estate Corporate Counsel Meeting, May 2012.
    • “Challenges of a Tightening Property and Business Interruption Insurance Environment,” Pillsbury Webinar, April 2012.
    • “Construction Defect Insurance Claims – Best Practices for Policyholders and Insurers to Resolve Coverage Disputes” Strafford Publications CLE Webinar, April 2012.
    • “Hidden Traps or Hidden Treasures: The Underestimated Role of Often Overlooked Policy Provisions,” ABA Insurance Coverage Litigation CLE Seminar, March 2012.
    • “Recent Developments in Property Insurance Coverage Litigation,” ABA Tort Trial & Insurance Practice Law Journal, Winter 2011.
    • “Construction Contract Insurance and Indemnification Clauses: Crafting Provisions to Allocate Risk and Minimize Liability,” Strafford Publications CLE Webinar, June 2011.
    • “Builders Risk Insurance for Construction Projects: Legal Issues,” Strafford Publications CLE Webinar, June 2011.
    • “Construction Defect Insurance Claims: Strategies for Policyholders and Insurers to Resolve Coverage Disputes,” Strafford Publications CLE Webinar, May 2011.
    • “Demystifying Builders Risk Insurance,” Pillsbury CLE Webinar, May 2011.
    • “Deconstructing Wrap Ups: A Coverage and Contract Challenge,” ABA Insurance Coverage Litigation CLE Seminar, March 2011.
    • “Wrap Insurance for Construction Projects: Understanding Scope of Coverage and Resolving Coverage and Indemnification Disputes,” Strafford Publications CLE Webinar, February 2011.
    • “Managing Corporate Risk: A Short Course on D&O and Commercial General Liability Insurance,” Pillsbury Winthrop Shaw Pittman LLP CLE Marathon, September 2010.
    • “Construction Wrap-Up Policies: An Overview and Analysis of Selected Coverage Issues,” New Appleman on Insurance: Current Critical Issues in Insurance Law, Fall 2010.
    • “Recent Developments in Property Insurance Coverage Litigation,” ABA Tort Trial & Insurance Practice Law Journal, Winter 2010.
    • “Construction Defect Insurance Claims: Strategies for Policyholders and Insurers to Resolve Coverage Disputes,” Strafford Publications CLE Webinar, September 2010.
    • “Construction Contract Insurance and Indemnification Clauses: Crafting Provisions to Allocate Risk and Minimize Liability,” Strafford Publications CLE Webinar, August 2010.
    • “Construction Risk Management: Ten Issues in Construction Contracts,” LexisNexis Insurance Law Center, May 2010.
    • “Commercial General Liability Insurance 101 – Understanding the Basics,” RIMS 2010 Annual Conference.
    • “Insurance Coverage Issues in Claims Arising out of the Influenza A (H1N1) Outbreak,” LexisNexis Insurance Law Center, May 2009.

Education

  • J.D., The Catholic University of America, Columbus School of Law, 1995
    Member, Catholic University Law Review

    B.A., George Mason University, 1992
    with distinction

Admissions

  • District of Columbia

    Virginia

    Maryland

Courts

  • U.S. Court of Appeals for the Fourth Circuit

    U.S. Court of Appeals for the District of Columbia Circuit

    U.S. District Court for the District of Maryland

    U.S. District Court for the Eastern District of Virginia

    U.S. Bankruptcy Court for the Eastern District of Virginia

Jamie's Insights

Alert 04.10.23

Court of Appeals Finds That Insurers May Not Participate in Bankruptcy Negotiations by Invoking an Insured’s Duty to Cooperate

In rejecting an insurer’s attempt to block confirmation of its insured’s bankruptcy plan, the Fourth Circuit found that an insurer may not interject itself into plan negotiations by invoking the duty to cooperate, nor does the insurer have standing to object to an insured’s “insurance neutral” bankruptcy plan.

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