PROFESSIONALS

Daniel I. Graham, Jr.

Partner
blank image Daniel I. Graham, Jr.
10 South Wacker Drive
36th Floor
Chicago, IL 60606, US

T: 312.585.1419 F: 312.585.1401
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Biography
BIOGRAPHY
Dan assists his insurance company clients in appreciating and navigating the complex coverage issues intellectual property infringement and unfair business practice claims present.
He represents his clients’ interests before state and federal courts nationwide, at both the trial and appellate levels. In doing so, Dan has helped forge insurance laws addressing the scope of insurance coverage in the context of emerging technology-related coverage issues. While Dan focuses his practice on intellectual property and cyber-tort-related claims, he has also successfully represented his clients in other subject areas, including bad faith and primary and excess disputes.

In addition to his litigation practice, Dan is committed to the continuing education of his clients and peers. Dan is a well-regarded speaker, often called upon by bar associations and clients to speak on technology-related insurance coverage issues. The Defense Research Institute (DRI), the Journal of Reinsurance, the Chicago Bar Association, and the Illinois Institute of Continuing Legal Education have all published Dan’s articles and training materials.

Dan is a DRI Insurance Coverage and Claims Institute program vice chair and previously served on the steering committee. He is a former director of the Chicago Bar Association’s Young Lawyer’s Section (YLS) and co-chair of the Chicago Bar Association’s YLS Insurance Coverage Committee. 

Memberships

  • Chicago Bar Association
  • Defense Research Institute

Awards & Rankings

  • The Best Lawyers in America® (Insurance Law and Litigation - Insurance), Best Lawyers®, 2021 – present
  • Illinois Super Lawyers® (Insurance Coverage), 2020 – present
  • Chambers USA, Insurance: Dispute Resolution, 2010 (Associate to Watch), 2011 – 2012 (Up and Coming)

Outside Nicolaides

In addition to writing and speaking on insurance-related topics, Dan enjoys bicycling, keeping up with his two sons, and supporting Autism-related charities. 

EXPERIENCE
  • Preserved dismissal of coverage action on grounds that underlying allegations did not involve "advertising injury." 
  • Secured summary judgment finding no "advertising injury" coverage for patent infringement claim.
  • Obtained affirmance of judgment granted for insurer in declaratory judgment action involving Florida law concerning whether allegations of price-fixing in an antitrust suit implicate the "advertising injury" offense requiring use of another's "advertising idea."
  • Obtained summary judgment for insurer on basis that alleged credit-reputation injuries were not covered "personal injury."
  • In a case of first impression, affirmed summary judgment for insurer that prior publication exclusion barred coverage for trademark infringement suit because insured first used infringing portion of subject trademarks prior to policy inception.
  • Convinced jury that insurer did not act vexatiously in denying coverage for the underlying lawsuits over the insured internet provider's alleged wrongful utilization of customers' private information.
  • Litigated application of intellectual property exclusion to trademark infringement case in dispute over duty to defend and indemnify.
  • Obtained judgment in favor of insurer in declaratory judgment action concerning Illinois law as to the scope of advertising injury coverage in the context of underlying patent infringement claims.
  • Litigated determination of whether insured's settlement of copyright infringement dispute properly exhausted primary coverage layer, triggering umbrella carrier's indemnity obligations, including issues of proration and horizontal exhaustion.
  • Secured summary judgment finding no advertising injury coverage for a patent infringement claim involving an automated telephone system used to sell insured's products.
INSIGHTS

ADDITIONAL SPEAKING & WRITING

  • "The Application Process: The Employment-Related Practices Exclusion" and “Personal and Advertising Injury” Claims," Covered Events, newsletter of DRI’s Insurance Law Committee (June 28, 2013)
  • "Coverage In An 'Ideal' World: An Introduction to Intellectual Property Infringement Claims and Coverage B’s Advertising Ideas Offense," Covered Events, newsletter of DRI’s Insurance Law Committee (November 5, 2012)
  • "Coverage Issues Raised by E-Mail and the Internet," Commercial and Professional Liability Insurance, Illinois Institute for Continuing Legal Education (2005). Supplement 2008, 2010, 2012
NEWS