Biography

Alex Potente represents insurers and reinsurers in complex commercial insurance litigation matters.  His coverage-litigation practice focuses on disputes pertaining to general liability, D&O, and professional liability policies, specifically extracontractual coverage for claims arising from advertising, environmental, product defect, and personal injury litigation as well as general commercial disputes.  Mr. Potente has also represented parties in litigation arising from construction, patent infringement, employment, and unfair competition disputes.

Mr. Potente previously served as the Managing Director for Housing and Development and Assistant County Attorney for Eagle County, Colorado in the Vail Valley, where he oversaw land-use transactions and development projects, managed litigation and managed the County’s Housing and Development Authority to facilitate development of affordable housing.

Representative Litigation Engagements Include: 

• Litigated and favorably settled insurance coverage action arising out of environmental claims stemming from groundwater contamination.
• Litigated and favorably settled insurance coverage action pertaining to coverage for molestation claims.
• Litigated and favorably settled insurance coverage action pertaining to advertising injury claims.
• First-chaired two coverage matters involving D&O insurance. One resolved with successful summary adjudication motion; the other resolved via settlement.
• Second-chaired trial regarding breach of employment contract; won a multi-million dollar victory.
• First-chaired defense of § 17200 and fraud claims against bottled-water maker; won dismissal of fraud claims and convinced plaintiffs to drop suit at mediation. 
• Second-chaired patent infringement action. Secured $2 million settlement after successfully defeating jurisdictional challenges and winning all contested claim constructions. 
• Represented law firm in breach of partnership agreement; second-chaired trial; won multi-million dollar victory against disassociating partner. 
• Represented clothing retailer in employment discrimination class action.
• Managed construction litigation: first-chaired major depositions; drafted and argued motions; conducted extensive written discovery.
• First-chaired breach-of-contract dispute; won dismissal at jurisdictional stage, resulting in plaintiff dropping claim.

Representative Transactional Engagements Include:

• Developed 72-unit substantial rehabilitation, using 9 percent LIHTCs, HUD 221(d)(4) financing, and other federal and state grants.
• Managed County’s involvement as principal equity partner in 339 unit, $100 million housing development with 226 affordable housing units in Gypsum, CO; negotiated and drafted partnership and loan documents.
• Negotiated with multiple land-owners, including the U.S. Forest Service, to coordinate mixed-use redevelopment on 20 acres within historic Colorado ranching and resort town; serving as developer for 100-bed continuum of care retirement community. 
• Managing refinance of $50 million County asset to provide seed money for future affordable-housing development; drafted restrictive covenants to maintain current affordable rental use. 
• Managed tax-credit closing, construction, and lease-up of 14-unit, seniors complex.
• Coordinated entitlement for $100 million, mixed-use infill project in Edwards, Colorado with 72 affordable housing units; negotiated and drafted entitlement and development documents; negotiated infrastructure improvements.

Publications and Presentations

Mr. Potente is a co-editor of Sedgwick’s Insurance Law Blog and was previously editor of Sedgwick’s Insurance Law Update newsletter.   He also has published in various insurance and legal publications, including:

• “How To Handle Life Insurance Interpleaders,” co-authored with Sedgwick associate Jason Chorley, Law360 (October 18, 2012)
• Excellence in Claims Handling, presentation (October 3, 2012)
• “Can An Insurer Defend A Bad Faith Claim Using Information It Was Unaware Of When Denying Coverage?,” co-authored with Tyler C. Gerking, Tort Trial Insurance Committee News (January 2, 2012)
• "Hindsight in bad faith insurance litigation," co-author, The Recorder (August 15, 2011)
• “Mind and Body Are Not One: Lower Limitation on Lifetime Mental Illness Cap Upheld,” Sedgwick’s Insurance Law Update (May 2011)

Memberships & Honors

During law school Mr. Potente was the supervising executive editor of the Journal on Legislation and an executive board member of the Harvard Legal Aid Bureau. After law school, he served as a law clerk for the Honorable James B. Zagel of the United States District Court for the Northern District of Illinois from 1997-1999.