Kelley Drye

Attorneys & Professionals 

Richard D. Milone

Partner Email vCard
Washington, D.C.
Phone: (202) 342-8425
Fax: (202) 342-8451

Dick Milone serves as Chair of the firm's Washington, D.C. Litigation group and its Insurance Recovery group, which is recognized as a leading policyholders' practice by Chambers USA and the US Legal 500. Mr. Milone is mentioned in the US Legal 500 as one of the top policyholder lawyers in the United States, and in 2011 was named a Client-Service All-Star by BTI Consulting.

Mr. Milone has tried matters to verdict before juries and arbitration tribunals, argued cases of first impression in state and federal appellate courts, negotiated complex, multi-party settlements, and, over the course of his career, has secured hundreds of millions of dollars in disputed insurance proceeds on behalf of policyholder clients. He has handled insurance claims involving financial fraud, intellectual property, antitrust, false advertising, lead-based paint, hazardous nuclear waste, asbestos (both personal injury and property damage), environmental clean-up, employment discrimination, and Directors' and Officers' liability.

In addition to insurance recovery, Mr. Milone has litigated intellectual property, false advertising, antitrust, defamation, bankruptcy, and various other types of commercial disputes.  Mr. Milone also has experience monetizing, licensing and investing in patents, and currently advises a number of clients on strategy for maximizing the value of their intellectual property portfolios.

Representative Experience

Served as lead counsel to GTE Corporation (now Verizon Communications Corp.) in the trial court, the U.S. Court of Appeals for the Second Circuit, and the U.S. Supreme Court, successfully litigating insurance coverage for a products liability lawsuit.

Successfully negotiated funding by an insurer of life-saving medications for an employee of the Arlington County, Va. government suffering from AIDS.

Argued before the Delaware Supreme Court, sitting en banc, an issue of first impression involving conflicts of law between Delaware and Alabama on behalf of the Shook & Fletcher Asbestos Settlement Trust.

Representing Welch Foods in insurance coverage litigation in Massachusetts federal court seeking coverage for a consumer class action, and for a competitor's suit alleging false advertising under Section 43(a) of the Lanham Act.

Representing the Leather Industries of America, the trade association representing the interests of manufacturers of leather goods, and the country's leading leather scientist, in an action alleging defamation and false advertising in Ohio federal court.

Represented Millennium Holdings, LLC (and its predecessor, SCM Corporation) for 19 years, before eight different courts and arbitration tribunals, seeking insurance coverage for the costs of defending numerous lead-based paint suits, and in seeking a declaratory judgment regarding insurance coverage for a (now-reversed) public nuisance jury verdict on behalf of the State of Rhode Island.

Represented Lyondell Chemical Company and its affiliate, Millennium Holdings, LLC, with respect to insurance-related issues in its Chapter 11 bankruptcy proceeding in the Southern District of New York.

Represented the JT Thorpe Company, a Houston-based insulation and refractory contractor, in a Texas state court insurance coverage action, and in a bankruptcy proceeding that permanently resolved over 25 years of asbestos bodily injury litigation.

Over a ten year period, represented Texaco Inc. and related companies before California state courts in one of the largest environmental insurance coverage actions in history, in extensive California coverage litigation involving asbestos and other toxic torts, and in a series of international arbitrations seeking coverage for a settlement in Roberts vs. Texaco Inc., an employment discrimination class action lawsuit.

Served as co-counsel to 300 claimants alleging that they contracted cancer as a result of exposure to waste from two nuclear power plants in Pennsylvania in the Babcock and Wilcox bankruptcy proceedings in New Orleans.

Obtained district court rulings of first impression regarding insurer broker malpractice in connection with a broker's failure to secure complete coverage for certain asbestos liabilities.

Professional Activities

Mr. Milone is a frequent speaker and published author on insurance-related topics.

Honors & Awards

Recognized as a leading attorney in Insurance Coverage practice area by  Washington D.C. Super Lawyers, 2012.

Named a "Knight of the Enterprise" by LyondellBasell Chemical Company, an honor given to trial counsel who achieve outstanding results on behalf of the company.

Selected as a 2011 Client Service All-Star by BTI Consulting. 

Recommended in US Legal 500 for his work in the Insurance: Advice to Policyholders area, 2010 and 2011.

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March 23, 2012

Insurance Coverage for Lanham Act False Advertising Claims

Intellectual Property & Technology Law Journal