Amy M. Rubin

New York – Sidley is pleased to announce that Amy Rubin has joined as a partner and co-chair of the Employee Benefits and Executive Compensation practice in the firm’s M&A and Private Equity practice in New York. Ms. Rubin joins from Weil, Gotshal & Manges LLP, where she was an Executive Compensation & Benefits partner. Ms. Rubin’s practice focuses on executive compensation, employee benefits, and ERISA matters. She regularly advises publicly traded and privately held companies, as well as their boards of directors and compensation committees, on a wide range of employee benefits and executive compensation issues. Ms. Rubin offers guidance on employee benefits and executive compensation in the context of private equity transactions, strategic mergers and acquisitions, recapitalizations, reorganizations, financing transactions, and ongoing company operations. Her experience includes the negotiation, design, and implementation of executive employment and separation arrangements, equity and cash incentive plans, deferred compensation plans, and other compensation and employee benefit plans. “Amy is highly respected and a leading corporate employee benefits and executive compensation lawyer,” said Yvette Ostolaza, Sidley’s Management Committee Chair. “She is well-known to our clients and other Sidley partners. I look forward to working with Amy again. She will be a great addition to the New York office as we continue to grow our global M&A and Private Equity practice in New York.” “Amy’s significant experience advising both PE sponsors and corporate clients make her an ideal partner to help co-lead our Employee Benefits and Executive Compensation practice,” said Brian Fahrney, chair-elect of Sidley’s Executive Committee. “She will collaborate with partners across the larger M&A and Private Equity practice to provide guidance not only on employee benefits and executive compensation, but also restructuring, tax, and other ongoing company operations.” Sidley’s employee benefits lawyers are nationally recognized in the field. The practice includes representation of some of America’s largest companies, as well as a large number of small and medium-sized businesses employing between 20 to several hundred employees. Sidley is an elite global law firm. With 2,300 lawyers, annual revenue of US$3.4 billion, and experience that spans nearly 160 years, we have established a reputation using Built to Win℠ legal strategies in successfully representing clients in more than 70 countries on complex transactional, restructuring, investigation, regulatory, and litigation matters. With 21 offices strategically situated in key commercial and financial hubs across the world, our perspective and our reach are truly global. Our lawyers and business professionals, fluent in more than 80 languages, possess the cultural awareness and cross-border legal acumen needed to bring clarity to a dynamic business landscape. Matt Messinger, Director, Public Relations, +1 312 456 4009 (Global) Attorney Advertising—Sidley Austin LLP is a global law firm. Our addresses and contact information can be found at www.sidley.com/en/locations/offices. Sidley and Sidley Austin refer to Sidley Austin LLP and affiliated partnerships as explained at www.sidley.com/disclaimer. New York – Sidley is pleased to announce that Amy Rubin has joined as a partner and co-chair of the Employee Benefits and Executive Compensation practice in the firm’s M&A and Private Equity practice in New York. Ms. Rubin joins from Weil, Gotshal & Manges LLP, where she was an Executive Compensation & Benefits partner. Ms. Rubin’s practice focuses on executive compensation, employee benefits, and ERISA matters. She regularly advises publicly traded and privately held companies, as well as their boards of directors and compensation committees, on a wide range of employee benefits and executive compensation issues. Ms. Rubin offers guidance on employee benefits and executive compensation in the context of private equity transactions, strategic mergers and acquisitions, recapitalizations, reorganizations, financing transactions, and ongoing company operations. Her experience includes the negotiation, design, and implementation of executive employment and separation arrangements, equity and cash incentive plans, deferred compensation plans, and other compensation and employee benefit plans. “Amy is highly respected and a leading corporate employee benefits and executive compensation lawyer,” said Yvette Ostolaza, Sidley’s Management Committee Chair. “She is well-known to our clients and other Sidley partners. I look forward to working with Amy again. She will be a great addition to the New York office as we continue to grow our global M&A and Private Equity practice in New York.” “Amy’s significant experience advising both PE sponsors and corporate clients make her an ideal partner to help co-lead our Employee Benefits and Executive Compensation practice,” said Brian Fahrney, chair-elect of Sidley’s Executive Committee. “She will collaborate with partners across the larger M&A and Private Equity practice to provide guidance not only on employee benefits and executive compensation, but also restructuring, tax, and other ongoing company operations.” Sidley’s employee benefits lawyers are nationally recognized in the field. The practice includes representation of some of America’s largest companies, as well as a large number of small and medium-sized businesses employing between 20 to several hundred employees. Sidley is an elite global law firm. With 2,300 lawyers, annual revenue of US$3.4 billion, and experience that spans nearly 160 years, we have established a reputation using Built to Win℠ legal strategies in successfully representing clients in more than 70 countries on complex transactional, restructuring, investigation, regulatory, and litigation matters. With 21 offices strategically situated in key commercial and financial hubs across the world, our perspective and our reach are truly global. Our lawyers and business professionals, fluent in more than 80 languages, possess the cultural awareness and cross-border legal acumen needed to bring clarity to a dynamic business landscape. Matt Messinger, Director, Public Relations, +1 312 456 4009 (Global) Attorney Advertising—Sidley Austin LLP is a global law firm. Our addresses and contact information can be found at www.sidley.com/en/locations/offices. Sidley and Sidley Austin refer to Sidley Austin LLP and affiliated partnerships as explained at www.sidley.com/disclaimer.

Apr 2

4 min

An insurer said it doesn't owe coverage to a security company or one of its employees for an underlying suit over a shooting and a related $500,000 stipulated judgment, telling a Nevada federal court Monday the shooting wasn't an accident and therefore doesn't qualify as an occurrence. Kinsale Insurance Co. contended in an amended complaint that it has no duty to defend or indemnify Blackbriar Protective Services LLC or armed security guard Cory Nash in an underlying suit brought by Jorge Abarca, who alleged he was shot by Nash. "The policy only provides liability coverage for bodily injury caused by an occurrence," which is defined as an accident, the insurer said. "Since Nash's shooting does not qualify as an occurrence, the insuring agreement of the policy is not triggered." According to court filings, Nash was employed by Blackbriar as an armed security guard to patrol a Las Vegas cannabis dispensary. Abarca alleged in the underlying suit that he entered the dispensary's parking lot in December 2022 while waiting for a bus and was immediately approached by Nash, who verbally assaulted him and physically attempted to remove him from the lot. Abarca said Nash shot him in the left and right leg as he was attempting to flee. The underlying suit, which was filed against Blackbriar, Nash and the dispensary in Nevada state court in March 2023, asserted claims for negligence; negligent hiring, training, supervision and retention; gross negligence; negligence per se; and vicarious liability. The dispensary also filed crossclaims against Blackbriar, asserting that the company was contractually required to defend and indemnify the dispensary, according to court filings. Kinsale, which insured Blackbriar under a commercial general liability policy, said it denied coverage for the underlying suit. The insurer added that Abarca made a policy limit demand to Kinsale on Aug. 18 and several days later demanded payment of a $50,000 judgment that the dispensary won against Blackbriar for its crossclaims. Abarca entered into a $500,000 stipulated judgment against Blackbriar on Sept. 5, which he also seeks to recover from Kinsale, according to the insurer. While the insurer contended that coverage was never triggered in the first place, the policy's expected or intended injury exclusion and assault and battery exclusion would ultimately bar coverage. The duty to defend exclusion also states that there is no duty to defend when there is no coverage under the policy, Kinsale said. As such, the insurer said it has no duty to defend or indemnify Blackbriar or Nash in connection with the underlying suit, and also no obligation to Abarca. Representatives of the insurer and Blackbriar did not immediately respond to requests for comment Monday. Contact information for Nash and Abarca was not available. Kinsale is represented by Amy M. Samberg and Dylan P. Todd of Clyde & Co. LLP. Counsel information for the defendants was not available. The case is Kinsale Insurance Co. v. Cash et al., case number 2:25-cv-01651, in the U.S. District Court for the District of Nevada.

Sep 15

2 min

An insurer has no duty to defend a bowling center against claims that it overserved alcohol to a patron who then drove and killed another motorist, a New Mexico federal court ruled, finding that the policy's liquor liability exclusion bars coverage. In an order Friday, U.S. District Judge Kea W. Riggs granted Employers Mutual Casualty Co.'s motion for summary judgment as to the duty to defend Ruidoso Bowling Center, but denied the insurer's duty to indemnify claim as moot and dismissed it without prejudice. The coverage dispute stems from the death of George Fitzgibbon, who was killed in the drunken driving crash involving Jadyn Mow in June 2024. Fitzgibbon's estate and his family sued the bowling center in New Mexico state court in February, claiming that Ruidoso negligently provided alcohol to Mow before the accident. The suit, which asserted claims for liquor license liability, negligence, loss of consortium and wrongful death, further claimed that the bowling center knew Mow engaged in frequent excessive drinking and was intoxicated on the night of the accident. Employers Mutual, which insured the bowling center under a commercial general liability policy, agreed to defend Ruidoso subject to a reservation of rights. The insurer then filed the present action in March, seeking a declaration that it has no duty to defend or indemnify the bowling center in the underlying suit. Because the estate subsequently dismissed the underlying suit without prejudice in July, Ruidoso contended that the insurer's action is moot. Judge Riggs held Friday that the dismissal of the underlying suit does not moot the insurer's duty to defend claim. "A lawsuit has been brought, an insurance claim has been filed, insurance coverage has been disputed, and the threat of the lawsuit being refiled looms large considering the dismissal was without prejudice," the judge said. However, the dismissal does leave the court without a judgment that would trigger Employers Mutual's indemnity obligation, the judge found. Judge Riggs added that the policy's liquor liability exclusion ultimately precludes the insurer's duty to defend. The exclusion bars coverage for bodily injury for which an insured may be held liable by reason of causing or contributing to the intoxication of any person; furnishing alcohol to someone under the influence; or any statute, ordinance or regulation relating to the sale of alcohol, according to court filings. "All the claims are unambiguously precluded by the liquor-liability exclusion and finding otherwise would circumvent the intent of the parties," Judge Riggs said. Representatives of the parties did not immediately respond to requests for comment Tuesday. Employers Mutual is represented by Amy M. Samberg and Justin S. Hepworth of Clyde & Co US LLP. Ruidoso is represented by David M. Houliston of the Law Offices of David M. Houliston. The estate and the Fitzgibbons are represented by Nicholas Pena and Pedro Levya of Glasheen Valles & Inderman. The case is Employers Mutual Casualty Co. v. Dana Enterprises Inc. et al., case number 2:25-cv-00314, in the U.S. District Court for the District of New Mexico.

Nov 4

2 min

New York – Sidley is pleased to announce that Juan A. Arteaga, a former Deputy Assistant Attorney General (DAAG) in the U.S. Department of Justice (DOJ) Antitrust Division, has joined the firm’s office in New York as a partner in the Antitrust and Competition practice. Mr. Arteaga joins from Crowell & Moring, where he was chair of the New York Antitrust practice. Mr. Arteaga is a Chambers-ranked antitrust litigator and first-chair trial lawyer who advises companies, boards of directors, and executives in high-stakes civil and criminal antitrust investigations and litigation in federal district and appellate courts across the United States. As a former DAAG in the DOJ Antitrust Division, he brings extensive experience guiding clients through a broad range of civil (both merger and conduct) and criminal antitrust investigations conducted by the DOJ, Federal Trade Commission, and State Attorneys General. Mr. Arteaga has successfully defended leading corporations, executives, and directors in numerous “bet-the-company” litigation and trials, including government enforcement actions, multidistrict litigation, and class actions. As a DOJ DAAG, he oversaw numerous complex merger and conduct investigations across a wide range of industries, including technology, financial services, healthcare, defense and aerospace, transportation, consumer products, higher education, and telecommunications. During his DOJ tenure, he played a leading role in multiple merger challenges that resulted in transactions being abandoned or blocked following trial. “Juan is a market-leading antitrust practitioner whose senior DOJ experience further strengthens Sidley’s ability to advise clients on their most complex and sensitive matters,” said Yvette Ostolaza, Chair of Sidley’s Management Committee. “His judgment, credibility with enforcers and regulators, and depth across investigations and merger reviews make him integral to the continued growth of our Antitrust and Competition practice.” “Juan’s arrival further strengthens Sidley’s global antitrust platform, particularly in New York, where clients increasingly face complex enforcement risk and follow-on litigation,” said Nancy Chung, managing partner of Sidley’s New York office, head of the Litigation group in New York, and a member of the firm’s Management Committee and Executive Committee. “He brings a combination of government insight, trial experience, and practical business judgment that our clients value highly.” In addition to being a leading antitrust practitioner, Mr. Arteaga has extensive experience representing corporations and financial institutions in complex commercial litigation, including representing clients in securities fraud actions, shareholder derivative actions, and contract disputes. Mr. Arteaga’s arrival follows the addition of several partners to Sidley’s New York office in 2026, including Ji Hye You and Leah Edelboim in Global Finance, and Cliff Cone, Michael Sabin, and Dan Drabkin in Investment Funds. In 2025, Sidley added multiple partners to the office, including Mary Marks in Antitrust and Competition; Matthew Podolsky in White Collar Defense and Investigations; Ian McGinley in Securities Enforcement and Regulatory; David Grubman, Adam Cromie, George Hunter, and Demetrius Warrick in M&A; Andrew Colosimo, Patrick Greeley, Shant Manoukian, Andrew Fadale, and David Perkins in Private Equity; Chris Jackson in Global Finance; Kristin Lee in Banking and Financial Services; Amy Rubin in Employee Benefits and Executive Compensation; and Bonnie Neuman, Nicholas Brandfon, and Melissa Hinkle in Real Estate. Sidley’s Antitrust practice represents public and private corporations, funds, individuals, and associations in cases involving claims of price fixing, market allocation, actual or attempted monopolization, price discrimination, resale price maintenance, refusals to deal, information exchanges, improper dealer terminations, and other alleged antitrust violations. We have also litigated private and public challenges to proposed mergers and acquisitions. Sidley is “Built to Win®” at each stage of the litigation process and counts more than 750 litigators worldwide. With true geographic reach, the firm can field winning litigation teams in virtually any forum where its clients find themselves facing a dispute. Sidley is an elite global law firm. With approximately 2,300 lawyers and 160 years of experience, we have established a reputation for deploying innovative legal strategies to achieve powerful results for our clients in complex transactional, restructuring, crisis management, investigation, regulatory, and litigation matters. Our perspective and reach are truly global, supported by 21 offices strategically situated in key commercial, regulatory, and financial centers across the world. Our lawyers and business professionals, fluent in more than 75 languages, possess the cultural awareness and cross-border legal acumen needed to bring clarity to a dynamic business landscape. Attorney Advertising—Sidley Austin LLP is a global law firm. Our addresses and contact information can be found at www.sidley.com/en/locations/offices. Sidley and Sidley Austin refer to Sidley Austin LLP and affiliated partnerships as explained at www.sidley.com/disclaimer.

Feb 18

3 min

Simpson Thacher has represented the Virgin Group in connection with the formation of Virgin America, a new low-fare US domestic airline. Investors led by two private equity firms, Black Canyon Capital and Cyrus Capital Partners, will provide half of the $177.3 million in total capital to be invested in the airline and will hold three-quarters of the voting stock. Companies controlled by the founder of the Virgin Group, Sir Richard Branson, and his associates will provide the rest of the money and will hold a quarter of the voting stock, keeping below a limit on foreign ownership of airlines.~~The new airline, Virgin America, has applied for approval from the Department of Transportation and the Federal Aviation Administration and intends to begin service in 2006 from its base of operations at San Francisco International Airport.~~The Simpson Thacher team working on the transaction over the past two and a half years include: Alan Klein, Elizabeth Cooper and Tony King (M&A); Brian Robbins and Amy Rubin (Executive Compensation and Employee Benefits); and John Creed and Nancy Mehlman (Tax).

Dec 15

1 min