Jonathan L. Schwartz

Jonathan L. Schwartz is the chair of the firm’s Cyber Risk Coverage practice. His practice extends to insurance coverage litigation and counseling across many product lines, including primary and excess commercial general liability, professional liability, errors and omissions (E&O), directors and officers (D&O) liability, municipal and law enforcement liability, commercial property, business auto and cargo liability, employer’s liability, and employment practices liability insurance policies. A mainstay of Jonathan’s practice is extracontractual actions against insurers, and with a nationwide focus, his clients include myriad property and casualty insurers from coast to coast. In addition to his insurance coverage work, Jonathan’s extensive experience includes defending media liability and intellectual property litigation and E&O claims against insurance agents and brokers.

As a former staff attorney at the Illinois Appellate Court, Jonathan brings a significant understanding of appellate strategy and the appeals process to all of the work, and frequently represents and counsels clients in appellate matters. He has handled more than 25 appeals throughout his time in private practice. Jonathan’s background also includes working as in-house counsel at a captive coverage firm for a major insurance company. This experience provides him with an insider’s perspective and specialized knowledge of performance expectations and the intricacies of the insurer-insured relationship.

A prolific speaker and writer on recent developments affecting the insurance industry, Jonathan frequently authors articles for publications such as New Appleman on Insurance and DRI’s The Voice and For the Defense, and is a commentator for Mealey’s Litigation Report: Insurance Bad Faith. Jonathan is also the regular host of Goldberg Segalla’s Timely Notice podcast, the insurance industry’s on-the-go source for sharp takes and expert analysis of the latest trends, breaking news, and sea-changes in global insurance law and the insurance marketplace.

Honors & Awards

Martindale-Hubbell Peer Review Rating: AV Preeminent

Best Lawyers in America, Insurance Law, 2018-20

Illinois Super Lawyers: Insurance Coverage, 2016-20

Illinois Super Lawyers, Rising Stars 2012-13, 2015

Leading Lawyers “Emerging Lawyer” - Computer and Technology Law; Insurance, Insurance Coverage, and Reinsurance Law; 2018 to present

Community Involvement

•George Washington University Luther Rice Society Advisory Council: Member, 2012-14
•University of Illinois College of Law Alumni: Board Member, 2011-13
•George Washington University Chicago Alumni Club: Co-Chair, 2009-12
•Assistant Coach of the Whitney Young Magnet High School Policy Debate Team: Assistant Coach, 2011-12
•Orchard Park Townhome Association: Former President

Publications & Events

Publications

•Contributor, Goldberg Segalla’s Data Privacy and Security blog: read Jonathan’s blog posts here
•“Ill. Insurance Coverage Cases From 2019 Settle Key Questions,” (Co-Author), Law360, December 19, 2019
•Quoted in “5 Challenges Facing Firms Trying to Boost Marketing With Tech,” Legaltech News, November 11, 2019
•Quoted in “Insurance Appraisal Battles To Escalate After Colo. Ruling,” Law360, June 26, 2019
•“With Podcasts, Firms Find Effective - But Costly - Avenue to Busy Clients,” Legal Tech News, June 5, 2019
•Insurance Policy Rescission Compendium (Co-Editor in Chief), DRI, March 2019
•Quoted, “Nevada Defense Breach Ruling To Tee Up Damages Battles,” Law360, December 18, 2018
•Co-Author, “Defrosting Shareholder Actions for CyberInsecurity: D&O Liability for Inadequate Insurance Coverage,” ABA Tort Trial and Insurance Practice (TIPS), Professional Liability Insurance Newsletter, Fall 2018
•Quoted, “Agents Get Upper Hand In Negligence Suits With Illinois Ruling,” Law360, October 22, 2018
•Quoted, “Ohio Top Court Nixes Easy Path on Building Defect Coverage,” Law360, October 15, 2018
•Quoted, “4 Insurance Battlegrounds to Watch in Wisconsin This Fall,” Law360, August 3, 2018
•Quoted, “Court Finds Travelers Crime Policy Covers Money Transfer Loss Due to Email Spoofing,” Insurance Journal, July 17, 2018
•Quoted, “Impact of Court Ruling Chubb Unit’s Crime Policy Covers ‘Spoofed’ Wire Transfer,” Insurance Journal, July 9, 2018
•Co-Author, “D&O Issues with Blockchain, Cryptocurrencies & ICOs” Property Casualty 360, June 26, 2018
•Featured in “In the News,” Chicago Daily Law Bulletin, May 24, 2018
•Co-Author, “Will You Dance With Me?: An Insurer’s Duty to Initiate Settlement Negotiations,” DRI’s The Voice, April 11, 2018
•Co-Author, “Cyberterrorism Insurance Complicated,” Bus and Motorcoach News, January 14, 2018
•Co-Author, “Major Illinois Insurance Coverage Decisions from 2017,” Law360, January 4, 2018
•Quoted in “Actavis Ruling Bolsters Insurers in Opioid Coverage Battles,” Law360, November 8, 2017
•Co-Author, “The Modern Fraudster: How Courts Are Responding to Social Engineering Fraud,” Insurance Journal, November 6, 2017
•Co-Author, “You Better Pay Up! ... I Think? Insurers’ Right to Sue Retained Defense Counsel,” DRI’s For the Defense, October 2017
•Co-Author, “One Bad Apple in Wisconsin Pharmacal Co. v. Nebraska Cultures of California” (Parts One and Two), Wisconsin Law Journal, April 12 and May 8, 2017
•Quoted in “7th Circ. ‘Pill Mill’ Ruling Ushers in Nuisance Coverage,” Law360, July 20, 2016
•Co-Author, “Accessory Overload: Wearable Technology’s Impact on the Insurance Industry,” IN Magazine, Summer 2016
•Quoted In “Viking Pump Tops Biggest Insurance Rulings So Far in 2016,” Law360, June 17, 2016
•Quoted In “P.F. Chang’s Loss Highlights Common Holes in Cyber Coverage,” Law360, June 8, 2016
•Quoted In “Five Mistakes Young Insurance Attorneys Make,” Law360, May 27, 2016
•Co-Author, “Does Broker Know Best When Purchasing Cyberinsurance?” Law360, May 10, 2016
•Co-Author, “Blurred Lines: Insurers Now Face Increasingly Draconian Consequences for Breaching Their Duty to Defend,” Mealey’s Emerging Insurance Disputes, January 21, 2016
•Co-Author, “Cyberinsurance 2015: Inside a Robust and Rapidly Changing Market,” LegalTech, December 30, 2015
•Co-Author, “Notable Illinois Insurance Coverage Decisions In 2015,” Law360, December 23, 2015
•Co-Author, “Adapting ‘Professional Services’ For The 21st Century,” Law360, November 3, 2015
•Co-Author, “Is Cybersecurity Right for Your Law Firm?,” DRI For the Defense, October 2015
•Co-Author, “Accessory Overload: Wearable Technology’s Impact on the Insurance Industry,” ICMIF Voice, September 2015
•Co-Author, “Are Junk Texts the Next Scourge for Insurers?,” DRI Covered Events, Summer 2015
•Author, “Now Is the Time to Begin Considering Law Firm Cybersecurity Certification,” DRI The Voice, June 17, 2015
•Co-Author, “EPLI Carriers Beware the Rising Tide of FCRA Background Check Class Actions,” InsideCounsel, June 11, 2015
•Co-Author, “Sony’s Interview Quagmire: A Watershed Moment for Cyberinsurance,” DRI In-House Defense Quarterly, Spring 2015
•Co-Author, “Reputation Damage Control: Insuring the Cost of Mitigating Reputational Harm Following a Cyber-Attack or Data Breach,” USLAW Magazine, Spring/Summer 2015
•Quoted in “Ill. High Court Closes Loophole on Insurance Agent Liability,” Law360, March 26, 2015
•Quoted in “Ill. High Court’s Rescission Ruling a Warning for Firms,” Law360, February 25, 2015
•Co-Author, “How to Maintain a ‘Sterling’ Reputation With Your Clients: What You Need to Know About CGL Coverage for Unauthorized Recording Claims,” Mealey’s Emerging Insurance Disputes, February 5, 2015
•Co-Author, “The Case of the Missing Insured: A Tricky Variation On the Consent to Settle,” Westlaw Journal Insurance Coverage, January 30, 2014
•Quoted in “Ill. Court’s Duty-to-Defend Ruling Boosts Policyholders,” Law360, January 23, 2015
•Co-Author, “Settlement Wars: Episode 2-The Frank’s Casing/Blue Ridge Saga Continues,” DRI Covered Events, December 22, 2014
•Quoted in “Conn., SC Rulings Show Divide on Insurer-vs.-Insurer Suits,” Law360, August 21, 2014
•Author, “Swift Distribution as the California Supreme Court’s Commencement Speech: Is the Ruling the First Day of the Rest of the Disparagement Offense’s Life?” Mealey’s Emerging Insurance Disputes, August 7, 2014
•Author, “Blocking Coverage From the Anti-Aggregation Rule,”Law360, July 14, 2014
•Co-Editor-in-Chief and Contributor, DRI Personal and Advertising Injury Coverage Compendium, 2014
•Author, “Class Clown, Most Likely To Succeed, Biggest Flirt: How High School Yearbook Superlatives Can Influence Coverage for Implied Disparagement Claims,” New Appleman on Insurance: Current Critical Issues in Insurance Law, Winter 2013

Presentations

•Co-Presenter, “A New Twist on “Additional Insured” Issues” DRI Complex Coverage Forum, Hartford, CT, November 6, 2019
•Presenter, “Expect the Unexpected: Damaged Windows, Unanticipated Claim Expenses, and the Dangers of the Sublimits,” PLRB Large Loss Conference, Nashville, TN, November 26, 2018
•Presenter, “Insurance Policy Rescission: Misrepresentation Found, What Comes Next?” Client Presentation, Chicago, IL, July 25, 2018
•Presenter, “Cyber Claims: Exposures and Adjustments,” PLRB Regional Adjuster Conference, Glendale, AZ, June 26, 2018
•Co-Presenter, “Social Engineering Fraud: Cyber and Crime Coverage,” Property & Liability Research Bureau 2018 Claim Conference, Orlando, FL, April 17 and 18, 2018
•Co-Presenter, “Policy Recession,” DRI Insurance Coverage and Claims Institute, Chicago, IL, March 22, 2018
•Co-Author, “Illinois Biometric Privacy Suits Bring Insurance Questions,” Law360, November 17, 2017
•Presenter, “Social Engineering Fraud: Masters of the Mind,” DRI Northeast Regional Claims Conference, Hartford, CT, November 2, 2017
•Co-Presenter, “2016 Illinois Insurance Coverage Decisions Year in Review,” Chicago Bar Association, January 11, 2017
•Presenter, “Ransomware Litigation: Data Breach Notification Issues, Key Jurisdictional Differences, and Cyber Coverage Issues,” ACI’s Data Breach & Privacy Litigation and Enforcement Conference, New York, NY, September 29, 2016
•Presenter, “Ride and House Sharing: Liability Coverage,” Property and Liability Resource Bureau’s Western Regional Adjusters Conference, Sacramento, CA, June 21, 2016
•Presenter, “Ride and House Sharing: Liability Coverage,” PLRB 2016 Claim Conference, San Antonio, TX, April 19 and 20, 2016
•Co-Presenter, “Illinois Law Year in Review for 2015,” Chicago Bar Association, January 2016
•Presenter, “Cyberunderwriting Process for Stand-Alone Cyber Policies,” DRI Data Breach Conference, Chicago, IL, November 4-6, 2015
•Presenter, “Coverage for Privacy Claims,” Property and Liability Resource Bureau (PLRB) Central Regional Adjusters Conference, Columbus, OH, September 9, 2015
•Presenter, “Coverage for Privacy Claims,” Property and Liability Resource Bureau (PLRB) Western Regional Adjusters Conference, Frisco, TX, June 16-17, 2015
•Presenter, “Reputational Impact of Cyber-Attacks and Reputation Protection Insurance Implications,” 4th Annual National Cyber Liabilities Insurance ExecuSummit, Uncasville, CT, April 22, 2015
•Speaker, “Emerging Right of Privacy Claims,” PLRB 2015 Claims Conference, Anaheim, CA, March 29- April 1, 2015
•Presenter. “2014 A Year in Review: The Five Most Important Insurance Law Decisions Affecting Illinois Coverage Practitioners,” Chicago Bar Association’s Insurance Law Committee, Chicago, IL, January 7, 2015
•Co-Presenter, “Consideration for Attorney Involvement in Claims Investigations,” PLRB Eastern Regional Adjusters Conference, Providence, RI, November 18-19, 2014; PLRB Central Regional Adjusters Conference, Minneapolis, MN, September 14-17, 2014; PLRB Western Regional Adjusters Conference, Bellevue, WA, June 10-11, 2014
•Presenter, “Discovery Traps for the Unwary in Coverage Cases,” DRI Insurance Coverage Practice Symposium, New York, December 2012
•Presenter and Author, “A Dash of Cumis and a Hint of Peppers: Problems and Pitfalls in the Selection and Retention of Independent Counsel,” DRI Insurance Coverage and Claims Institute, Chicago, April 2011
•Presenter, “Intellectual Property Claims Under Coverage B: A Decade in Review and the New Cyber-Frontier,” client presentation, April 2010
•Presenter, “Art of the Tender,” DRI Insurance Coverage and Claims Institute, Chicago, April 2009

Webinars

•“Co-Presenter, “Public Nuisance Claims: Emerging Insurance Risks Associated with Opioids,” GS Webinar Series, November 14, 2019
•Co-Presenter, “The National Opioid Addiction Crisis: Coverage Implications and Cost Containment Strategies,” GIS Webinar, June 20, 2018
•Presenter, “Trending Cyber Claims: 2018 Be the Year of the _?” GIS Webinar, March 13, 2018
•Co-Presenter, “Emerging Risks for the Insurance Industry in 2018,” GIS Webinar, December 12, 2017
•Presenter, “Cyberinsurance Application and Underwriting,” DRI’s It’s Time to Buy Cyberinsurance: What You Need to Know Webinar, April 26, 2016
•Presenter, “Right of Privacy Claims,” PLRB Webinar, February 2016
•Presenter, “Presenting Claim Adjuster Witnesses for Deposition in Bad Faith Cases,” Strafford CLE Webinar, January 2016
•Panelist, “Aggregated Statutory Damages in Class Litigation: Leveraging Rule 23 and Due Process Arguments to Defeat Certification,” Strafford CLE Webinar, September 16, 2014

Podcasts

•Contributor, “Top Property Decisions of 2019,” Timely Notice, February 18, 2020
•Contributor, “Child Victims Act: Illinois,” Timely Notice, February 11, 2020
•Contributor, “#metoo and the Boardroom,” Timely Notice, February 4, 2020
•Contributor, “Where Do Legal Analytics Come From?,” Timely Notice, January 7, 2020
•Contributor, “Biometric Privacy,” Timely Notice, December 10, 2019
•Contributor, “Pay it Forward Friday: Bunkers in Baghdad,” Timely Notice, November 1, 2019
•Contributor, “Online Sports Gambling,” Timely Notice, October 22, 2019
•Contributor, “Lithium Ion Battery Fires,” Timely Notice, October 8, 2019
•Contributor, “Vape Pens: Toxic Time Bombs?,” Timely Notice, September 24, 2019
•Contributor, “2019 Hurricane Season,” Timely Notice, September 17, 2019
•Contributor, “Commercial Drones,” Timely Notice, September 10, 2019
•Contributor, “Product Recalls,” Timely Notice, September 3, 2019
•Contributor, “Thursday Throwback: Cryptocurrencies and Initial Coin Offerings,” Timely Notice, August 29, 2019
•Contributor, “Self-Handling of Claims,” Timely Notice, August 27, 2019
•Contributor, “Athletes & Fraudulent Diagnoses,” Timely Notice, August 14, 2019
•Contributor, “Better Privacy Counsel,” Timely Notice, August 6, 2019
•Contributor, “Artificial Intelligence in the Insurance Industry,” Timely Notice, July 30, 2019
•Contributor, “Industrial IoT,” Timely Notice, July 23, 2019
•Contributor, “Third Thursday Throwback: Social Engineering Fraud Coverage,” Timely Notice, July 19, 2019
•Contributor, “Billing Audit Challenges,” Timely Notice, July 16, 2019
•Contributor, “Managing Vendor-Related Cyber Risks,” Timely Notice, July 9, 2019
•Contributor, “Perfecting the Pleading,” Timely Notice, July 2, 2019
•Contributor, “Third Thursday Throwback: Bad Faith Experts,” Timely Notice, June 27, 2019
•Contributor, “Voluntary Payments and Compulsion,” Timely Notice, June 25, 2019
•Contributor, “Recreational Marijuana Legalized in Illinois,” Timely Notice, June 18, 2019
•Contributor, “Assignment of Benefits Reform in Florida,” Timely Notice, June 11, 2019
•Contributor, “Social Media Investigation,” Timely Notice, June 4, 2019
•Contributor, “Third Thursday Throwback: Malicious Prosecution Coverage,” Timely Notice, May 16, 2019
•Contributor, “Cyber-CAT Coverage,” Timely Notice, May 14, 2019
•Contributor, “Hurricane Michael’s Aftermath,” Timely Notice, May 7, 2019
•Contributor, “Protecting SMEs from Cyber Threats,” Timely Notice, April 30, 2019
•Contributor, “Third Thursday Throwback: What’s a Suit in Florida?,” Timely Notice, April 19, 2019
•Contributor, “AIA General Conditions: A New Coat of Wax,” Timely Notice, April 16, 2019
•Contributor, “Appraisal Not Coverage,” Timely Notice, April 9, 2019
•Contributor, “Litigating with Sparse Insurance Law,” Timely Notice, April 2, 2019
•Contributor, “Public Sector Workers’ Compensation,” Timely Notice, March 26, 2019
•Contributor, “Third Thursday Throwback: Opiate Liability Coverage” Timely Notice, March 21, 2019
•Contributor, “Insureds in Bankruptcy,” Timely Notice, March 19, 2019
•Contributor, “Attorney Fee-Shifting in Coverage Litigation,” Timely Notice, March 12, 2019
•Contributor, “Appellate Specialists,” Timely Notice, March 5, 2019
•Contributor, “Economic Loss Doctrine,” Timely Notice, February 26, 2019
•Contributor, “Third Thursday Throwback: ROR Letters and Separating Out a Mixed Claim,” Timely Notice, February 21, 2019
•Contributor, “West Virginia’s New High Court,” Timely Notice, February 19, 2019
•Contributor, “Private Sector Cybersecurity,” Timely Notice, February 12, 2019
•Contributor, “Marijuana in Maryland,” Timely Notice, February 5, 2019
•Contributor, “The Reptile Theory in Bad Faith Cases,” Timely Notice, January 29, 2019
•Contributor, “Ransomware and Cyber Criminals,” Timely Notice, January 22, 2019
•Contributor, “Plain and Plainer Meaning: The ALI Restatement,” Timely Notice, January 15, 2019
•Contributor, “Challenges in Defending Multiple Insureds,” Timely Notice, January 8, 2019
•Contributor, “What Happens in New York Stays in New York,” Timely Notice, January 3, 2019
•Contributor, “Tricky Kentucky Coverage Rules,” Timely Notice, December 18, 2018
•Contributor, “Malicious Prosecution Coverage,” Timely Notice, December 13, 2018
•Contributor, “Cyber Consumer Privacy,” Timely Notice, December 11, 2018
•Contributor, “California Bad Faith Setups,” Timely Notice, December 6, 2018
•Contributor, “Cellphone Tracking and Auto Accidents,” Timely Notice, December 4, 2018
•Contributor, “Adjusters in the Crosshairs,” Timely Notice, November 29, 2018
•Contributor, “North Carolina’s Opioid Epidemic and the Workers’ Compensation Response,” Timely Notice, November 27, 2018
•Contributor, “Faulty Workmanship Not an Occurrence,” Timely Notice, November 20, 2018
•Contributor, “Medicare Set-Asides,” Timely Notice, November 15, 2018
•Contributor, “Forensic Accountants,” Timely Notice, November 13, 2018
•Contributor, “Falling for Bad Faith Setups - Part Two,” Timely Notice, November 8, 2018
•Contributor, “Falling for Bad Faith Setups - Part One,” Timely Notice, November 6, 2018
•Contributor, “Ongoing Operations Limitation,” Timely Notice, November 1, 2018
•Contributor, “Legal Challenges with Emotional Support and Service Animals,” Timely Notice, October 30, 2018
•Contributor, “The MCS-90 Endorsement,” Timely Notice, October 25, 2018
•Contributor, “Office365 Vulnerabilities,” Timely Notice, October 19, 2018
•Contributor, “Cyber Risk Modeling - Part 2,” Timely Notice, October 11, 2018
•Contributor, “Cyber Risk Modeling - Part 1,” Timely Notice, October 9, 2018
•Contributor, “Comparative Bad Faith,” Timely Notice, October 4, 2018
•Contributor, “ADA Accessibility,” Timely Notice, October 2, 2018
•Contributor, “Second Wave TCPA Coverage Litigation,” Timely Notice, September 27, 2018
•Contributor, “Cannabis and Criminal Acts Coverage,” Timely Notice, September 25, 2018
•Contributor, “Crumbling CT Foundations,” Timely Notice, September 20, 2018
•Contributor, “Discovery Considerations in International Arbitration,” Timely Notice, September 11, 2018
•Contributor, “ADA Website Accessibility Claims,” Timely Notice, September 4, 2018
•Contributor, “Not So Impartial Appraisers - Part 2,” Timely Notice, August 30, 2018
•Contributor, “Not So Impartial Appraisers,” Timely Notice, August 28, 2018
•Contributor, “Repetitive Trauma Claims,” Timely Notice, August 23, 2018
•Contributor, “Cybersecurity Regulation for Insurers,” Timely Notice, August 21, 2018
•Contributor, “Preserving Privileged Communications Between Insurer and Coverage Counsel,” Timely Notice, August 16, 2018
•Contributor, “Maritime Workers’ Comp Claims and the Color of Water,” Timely Notice, August 14, 2018
•Contributor, “E&O vs. D&O Coverage Towers,” Timely Notice, August 9, 2018
•Contributor, “Hot Issues in Workers’ Comp: The Principal Employer Doctrine and Franchisors,” Timely Notice, August 7, 2018
•Contributor, “Employee Claims and The Blob,” Timely Notice, August 2, 2018
•Contributor, “Insurance Agent and Broker E & O,” Timely Notice, July 31, 2018
•Contributor, “Dual Employment in Workers’ Compensation Claims,” Timely Notice, July 26, 2018
•Contributor, “Self-Insured Retentions and Control over the Litigation,” Timely Notice, July 24, 2018
•Contributor, “What is an Occurrence? Ledesma Explains...,” Timely Notice, July 19, 2018
•Contributor, “Cyber Attacks Beyond Privacy Harm,” Timely Notice, July 17, 2018
•Contributor, “Harsh Consequences for an Incorrect Coverage Determination in Illinois - Part 2,” Timely Notice, July 12, 2018
•Contributor, “Harsh Consequences for an Incorrect Coverage Determination in Illinois - Part 1,” Timely Notice, July 10, 2018
•Contributor, “Workers’ Compensation Fraud,” Timely Notice, July 5, 2018
•Contributor, “Multiple Claimants and Insufficient Limits,” Timely Notice, July 3, 2018
•Contributor, “Cyberattacks on Professional Services Firms - Part 2,” Timely Notice, June 28, 2018
•Contributor, “Cyberattacks on Professional Services Firms - Part 1,” Timely Notice, June 26, 2018
•Contributor, “Trucking Workers’ Compensation Claims,” Timely Notice, June 21, 2018
•Contributor, “Opioid Litigation and Liability Coverage,” Timely Notice, June 19, 2018
•Contributor, “Part 2: Recent Social Engineering Fraud Coverage Cases,” Timely Notice, June 14, 2018
•Contributor, “Part 1: Social Engineering Fraud Claims and Insurance Disputes,” Timely Notice, June 12, 2018
•Contributor, “Hidden Costs of NY Workers’ Comp Reforms,” Timely Notice, June 7, 2018

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