Shelby represents businesses, manufacturers, financial institutions, and healthcare providers in insurance recovery actions, high-stakes contract disputes and cross-border litigation. Over the last three years he has recovered over a billion dollars from insurance companies in on behalf of his policyholder clients. His experience includes handling coverage litigation involving all major lines of insurance, including CGL/umbrella, Crime/Fidelity Bond, Cyber, D&O, E&O, Marine Cargo, and Property lines.
Shelby has handled matters in state and federal courts around the country at the trial and appellate levels Shelby also routinely handles cross-border disputes in domestic and international arbitration, and he has substantial experience advising clients on claims arising under policies issued by the London and Bermuda markets. He has extensive experience arbitrating disputes under the AAA, ARIAS, CPR, JAMS, ICDR, ICC, LCIA, SIAC, and UNCITRAL rules, and currently serves as the President of the Atlanta International Arbitration Society.
In addition to helping clients pursue all types of first- and third-party insurance claims, Shelby regularly advises companies on risk management needs arising out of insurance policy renewals, mergers and acquisitions, spinoffs, and IPO transactions. Shelby has assisted dozens of companies with policy reviews and frequently works with clients and their brokers to ensure policies contain best in class coverage at annual renewals.
Shelby is a frequent author and speaker on topics relating to insurance coverage, litigation, ADR and other business law issues. He has also been recognized in Chambers, Best Lawyers, and Super Lawyers. He is active in numerous Georgia Bar Association committees and led the steering group that recently ensured passage of Georgia’s Mediation Act, which incorporates the Singapore Model Law on International Mediation.
- Representing Puerto Rico Electric Power Authority in its pursuit of hundreds of millions of dollars for losses sustained in Hurricane Maria and subsequent 2020 earthquake under property / business interruption policies issued by European-, London-, Bermuda- and U.S.-based insurers.
- Representing Prime Healthcare Services, Inc., one of the nation’s largest healthcare providers, in the pursuit of management liability insurance coverage in California state court for losses arising from underlying False Claims Act litigation.
- Representing Xerox Corporation in D&O coverage litigation pending in New York arising from failed Fujifilm transaction.
- Representing leading Fortune 500 financial institution in ongoing pursuit of hundreds of millions of dollars in losses incurred due to data breach.
- Appointed co-lead plaintiff’s counsel by the U.S. District Court for the Northern District of Illinois in Multidistrict Litigation against Society Insurance arising from the COVID-19 pandemic, and obtained precedent-setting decision in favor of policyholders.
- Representing a German machine tool manufacturing company in pursuit of property damage and business interruption coverage arising from plane crash at manufacturing facility.
- Represented agricultural cooperative in pursuit of marine cargo insurance for lost product stored in warehouses during Hurricane Matthew and obtained bad faith settlement in excess of loss on eve of trial in Eastern District of North Carolina.
- Representing multinational organic baby food manufacturer in pursuit of coverage for lawsuits, investigations, and product recall arising from alleged presence of heavy metals in products sold to consumers.
- Representing leading national food distributor in pursuit of insurance coverage for litigation arising from sale of high alkaline content beverages.
- Represented a major credit reporting agency in the successful pursuit of hundreds of millions of dollars in insurance recoveries for losses arising out of a 2017 data breach.
- Represented a German multinational chemical company in connection with the recovery of property damage and business interruption insurance from European-insurers and in the defense of complex subrogation claims arising out of 2017 explosion at polysilicon plant in Tennessee.
- Prevailed in international arbitration on behalf of Ivy League university seeking coverage under Educators Legal Liability insurance policy for alleged wrongful expulsion of student athlete.
- Represented a global food product corporation in complex litigation with Canadian supplier over distribution rights under long-term supply contract.
- Represented the owners of a hydroelectric dam in the Philippines in successful Singapore arbitration against London- and Asia-based insurers under delay-in-start-up policy for losses resulting from severe typhoon damage.
- Represented a Fortune 500 financial institution in insurance recovery litigation seeking over $500 million in coverage under banker’s professional liability policies for hundreds of claims arising before and after the financial crisis.
- Represented the world’s leading sustainable manufacturer and supplier of carbon black additives in successful multi-state bad faith insurance recovery litigation, following successful resolution of bet-the-company litigation with a former parent regarding indemnification obligations under spin-off agreement.
- Represented a multinational automotive manufacturing corporation in a nine-figure dispute arising out of a distribution agreement in UNCITRAL arbitration sited in London. Obtained victory in London arbitration, and anti-suit injunction and dismissal of related litigation and regulatory proceedings in the U.S. Successful representation of the company in distribution disputes with automobile dealers around the U.S.
- Obtained precedent-setting decision regarding D&O defense costs allocation for one of the largest providers of short-term and long-term healthcare services in the U.S.
- Represented one of the world’s leading luxury hotel groups in breach of contract and declaratory judgment action to recover losses under CGL policy for underlying putative class action claims relating to California Privacy Act.
The London School of Economics and Political ScienceMSc
- Yale Law SchoolJD
magna cum laude
President, Atlanta International Arbitration Society
Member, Dispute Resolution and International Trade & Legal Services Sections, Georgia Bar Association
Risk Management Committee Member, Metro Atlanta Host Committee, 2019 Super Bowl
Atlanta City Lead, Appleseed Foundation study of Atlanta’s response to Hurricane Katrina evacuees, which was profiled in the New York Times and Newsweek, Appleseed Foundation
Chair, World Affairs Council, Atlanta Young Leaders Executive Steering Committee, 2014-2015
Former Co-chair, International/London Subcommittee of the Insurance Coverage Litigation Committee, ABA
Member, Disaster Legal Services Committee, Young Lawyers Division, Georgia Bar Association
- Author, Financial Institutions and Bank Directors and Officers in the Crosshairs – Are Their Insurance Policies Really Primed and Ready?, Pro Policyholder, March 17, 2023
- Author, Policyholders Beware – Lloyd’s is Adding New Exclusions to Limit Insurance Coverage for State-Sponsored Cyber Attacks Next Month – Are You Prepared?, Pro Policyholder, February 22, 2023
- Author, N.C. Supreme Court Provides Guidance on Maximizing Insurance Coverage for Long-Tail Claims, Pro Policyholder, January 9, 2023
- Author, In a Hard Global Insurance Market, Will Insurers Cover Political Risk Insurance Claims?, McGuireWoods Legal Alert, January 19, 2022
- Author, Georgia’s New Mediation Law: Harmonization and Innovation, Georgia Bar Journal, December 2021
- Author, New York’s Highest Court Sides With Insured: $140M Disgorgement Payment Is Covered Loss, McGuireWoods Legal Alert, December 13, 2021
- Author, "Biometric Data Regulations: Do Your Insurance Policies Cover This Emerging Risk?", The Insurance Coverage Law Center, October 15, 2019
- Author, "Litigating Product Liability Claims with Foreign Entities", Claims Magazine, June 1, 2018
- Author, "Do Your Cyber and D&O Policies Cover Emerging Exposures Arising Out of The New NYDFS Cybersecurity Regulations?", LexisNexis: Pratt's Privacy & Cybersecurity Law Report, April 23, 2018
- Author, "Making The Most Of Insurance When CFPB Comes Calling", Law360, March 16, 2016
- Author, "Mind The Gaps: Path To Privacy And Cyber Related Insurance Coverage Remains Uncertain", FC&S Legal: The Insurance Coverage Law Report, January 15, 2016
- Author, "Keep Your Eye on Exclusions When Buying Cyberinsurance", Law360, July 16, 2015
- U.S. Court of Appeals for the 6th Circuit
- U.S. District Court for the Western District of Tennessee
- U.S. District Court for the Northern District of Georgia
Selected for inclusion in The Best Lawyers in America, Insurance Law, 2023; International Arbitration – Governmental, 2022, 2023, 2024, Woodward/White, Inc.,
Selected for inclusion in “Legal 500 United States,” Education, Insurance: Advice to Policyholders, 2022, 2023
Selected for inclusion as a “Leading Lawyer” in Insurance, Georgia, Chambers USA, 2022, 2023
Appointed Co-Lead Counsel, Society Insurance MDL, Northern District of Illinois
Received commendation from Georgia Dispute Resolution Commission, August 4, 2021, for contributions to Georgia Mediation Act steering committee
- Speaker, "Small Differences, Big Consequences: Case Studies Examining the Impact of Coverage Language Nuances on Claim Outcomes", RIMS Southeastern Educational Conference, February 3, 2023
- Speaker, "Cyber Insurance in Commercial Contracts", Strafford Webinar, January 24, 2023
- Speaker, "Driving the Future: Updates and Innovation in the Automotive Legal Landscape", South Carolina Bar Convention International Section Seminar, January 19, 2023
- Speaker, "Recent Trends in International Arbitration", State Bar of Georgia, Dispute Resolution Section's Arbitration Forum, June 14, 2022
- Faculty, Managing Catastrophic Losses Pre- and Post-Incident While Maximizing Insurance Coverage Recovery, Lorman Live Webinar, September 8, 2021
- Panelist, "Insights on the New Georgia Uniform Mediation Act", Atlanta Bar Association, Dispute Resolution Section Virtual Breakfast Meeting, September 1, 2021
- Moderator, "International Mediation and the New Georgia Uniform Mediation Act", Atlanta International Arbitration Society, August 19, 2021
- Speaker, Emerging Insurance Recovery Issues One Year Into COVID-19, July 15, 2021
- Speaker, How to Mitigate Business Risk in a Post-2020 World, April 28, 2021
- Speaker, "COVID-19 Business Interruption Insurance Litigation", Atlanta Bar Association Litigation Section, December 11, 2020
- Speaker, "Enacting the UMA in Georgia", 27th Annual ADR Institute & 2020 Neutrals’ Conference, December 4, 2020
- Speaker, "Insurance Recovery Options for Coronavirus Related Losses", NACD’s Recovery Roadmap Series, June 4, 2020
- Speaker, "Insurance Recovery Options During Coronavirus Crisis", RIMS Atlanta Chapter Webinar 2, April 10, 2020
- Speaker, "Coronavirus Business Interruption", Perrin Conferences, March 25, 2020
- Speaker, "Diversity, Mircoagression and Professionalism", Chief Justice’s Commission on Professionalism, December 13, 2019
- Speaker, "A View from General Counsels Doing International Business", Georgia Supreme Court Convocation on Professionalism, November 30, 2018
- Speaker, "Cyber Insurance in Commercial Contracts", Strafford webinar, July 7, 2018