Neel Lane is a member of the firm’s litigation practice steering committee and divides his work among three areas: representation of insurers in class action litigation and other disputes, representation of ceding companies and reinsurers in reinsurance arbitration proceedings, and representation of a diverse body of clients. Mr. Lane has conducted more than 30 jury trials, bench trials and arbitrations, and has argued before state and federal appellate courts.
Insurance Litigation
Mr. Lane has represented insurance companies and affiliated broker/dealers in numerous class action lawsuits, including those alleging unsuitable sales of securities products in violation of state and federal securities laws. He argued for the defendant/appellee in Lander v. Hartford Life (2nd Circuit), the leading case on SLUSA preemption of state law claims involving variable annuities. He has advised insurers on high-exposure coverage issues. He has represented insurers in class action lawsuits involving, among others, securities fraud claims based on the failure to disclose alleged conflicts of interest by registered representatives in the sale of securities and insurance products, alleged improper market-timing activities in variable funds, alleged improper first-party claims payment practices in connection with auto policies (specifically, non-OEM parts) and alleged improper first-party claims payment practices in connection with calculation of depreciation under homeowners’ policies.
Mr. Lane has also represented insurers in litigation and arbitrations, among others, involving a dispute over alleged breach of a marketing agreement relating to the sale of insurance products in qualified plans, disputes arising from fees due from a broker/dealer affiliate under a technology licensing agreement, alleged RICO violations in the submission of rental car accident claims to an auto insurer, and disputes over payment of benefit claims under health policies. He has prosecuted numerous claims for alleged premium fraud in connection with workers compensation insurance policies (employee leasing cases). Mr. Lane has represented insurers in numerous state court lawsuits alleging bad faith denial of claims (involving, variously, D&O insurance, homeowner insurance and life insurance policies).
Reinsurance Disputes
Mr. Lane has represented clients in disputes arising under reinsurance treaties, in both prosecuting and defending claims. He has represented clients in reinsurance arbitration proceedings, among others, involving premium and claim disputes for several clients arising from variable annuity death benefit reinsurance, accidental death claims arising from the 9/11 terrorist attacks, premium and claim disputes arising from automatic reinsurance treaties and agreements covering “impaired” life policies and premium and claims accounting disputes arising under individual life reinsurance treaties.
Complex Litigation
Mr. Lane has also represented a diverse body of clients in a range of complex litigation matters, including, among others, issuers and brokers against claims alleging securities fraud and other securities law violations, a publicly held retail corporation in connection with claims for securities fraud and conversion, individuals accused of criminal violations in parallel civil proceedings, both plaintiffs and defendants in trust and estate litigation and a corporation in connection with breach of an aircraft purchase transaction, as well as plaintiffs in a Lanham Act false advertising claim. Mr. Lane has also represented clients on a pro bono basis in matters involving habeas corpus petitions in death penalty cases, representation of a needle exchange program and numerous matters involving the rights of indigent clients.
From 1988 to 1989 Mr. Lane served as a law clerk to the Honorable Oliver Seth, senior judge of the U.S. Court of Appeals for the 10th Circuit. Prior to joining Akin Gump’s San Antonio office, he was a litigation associate at a national firm in New York.
Mr. Lane received his B.A. in 1984 from Columbia University and his J.D. in 1988 from the University of Texas School of Law, where he was a member of the Texas Law Review and served as research and notes editor for Volume 66. He is a member of the Texas and New York Bars and is admitted to practice before the U.S. District Court for six districts in New York and Texas, as well as before the U.S. Courts of Appeals for the 2nd, 4th, 5th, 8th, 9th and 11th Circuits.
Mr. Lane has published articles in The National Underwriter and is listed in the 2009 edition of The Best Lawyers in America. He has served on the board of charitable and religious organizations providing educational and social services to children in poverty, and currently serves Chairman of the Board of Good Samaritan Community Services, based in San Antonio.