John S. Worden

Partner



In My Own Words

Schiff Hardin

John S. Worden has been with Schiff Hardin (and its predecessor, Morgenstein & Jubelirer) since 1989 and has been a partner since 1996. From 1997 to 2000, Mr. Worden was Morgenstein's managing partner. He practices throughout the United States and, in addition to substantial work in California and elsewhere, heads the firm's Nevada practice.

Mr. Worden is a trial lawyer. He has tried dozens of cases of all kinds across the United States, for plaintiffs and defendants, in state court, federal court, in front of judges and juries and binding arbitration panels, including all of the following: insurance, reinsurance, construction, securities, environmental, venture capital, finance, labor and employment, commercial, contract, real estate, personal injury (plaintiff and defense), wrongful death, and uninsured motorist matters. To date he has won the last 19 cases he has tried.

Insurance Coverage
Mr. Worden has experience representing policyholders and carriers in insurance disputes in the following areas, among others:

  • Construction, residential and commercial;
  • Wrongful acts;
  • Directors & officers;
  • Comprehensive general liability;
  • Personal injury;
  • Life insurance;
  • Environmental/Asbestos;
  • Reinsurance

Construction
Mr. Worden has handled construction disputes for more than 20 years, representing subcontractors, prime contractors and owners in all types of litigation, including the following examples:

  • The largest subcontractor (electrical) in the $8 billion Las Vegas CityCenter project;
  • The largest contractor (HVAC) in a $60 million Stockton waterfront redevelopment hotel project;
  • The owners/developers in numerous residential home and condominium developments throughout the West

Financial Services
Mr. Worden's experience in the financial services area, in addition to trial work, involves dozens of NASD/FINRA arbitrations, including:

  • Customer suits against broker-dealers;
  • Venture capital/private equity disputes

In his "spare time" Mr. Worden plays essentially year-round on two basketball teams, an indoor soccer team, a softball team, and is a black belt kung fu instructor (and a former multiple-gold medalist at the national kung fu champions in Baltimore and silver medalist at the world kung fu championships in Sao Paulo, Brasil). But, alas, Mr. Worden must confess that he isn't as good at any of these pursuits as he remembers himself to be.

Publications

"The Price of Victory: Controlling Costs in Small 'Complex' Cases," Bloomberg Law Reports - Federal Practice (August 24, 2009)

"Securities Arbitration: An Idea Whose Time Has Come & Gone? (Part 2)," Wall Street Lawyer (October 2007)

"Securities Arbitration: An Idea Whose Time Has Come & Gone? (Part 1)," Wall Street Lawyer (September 2007)

"What Every Construction Professional Should Know About Insurance Coverage," Construction Accounting and Taxation (July/August 2007)

"What Every Real Estate Professional Should Know About Insurance Coverage (Especially Real Estate Lawyers Who Do Not Do Coverage Work),"California Real Property Journal Vol. 23, No. 4 (Fall 2005)

"Equine Law: They Sue Horses Don't They?" San Francisco Attorney Magazine (December 2000)

"A Parent Corporation's Insurance Coverage, Watch Out!" Association of Business Trial Lawyers Report (November 1997)

"The 'Waiver of Damages' Provision in Commercial Construction Contracts: a Most Prudent Weapon," Association of Business Trial Lawyers Report (March 1996), and California Construction Law Reporter (December 1995)

"Litigating a Small Complex Case Cost-Effectively," Association of Business Trial Lawyers Report (November 1994)

"The Mountains Behind Molehills: How to Litigate Effectively Complex Cases," Association of Business Trial Lawyers Report (November 1994) and The Recorder (July 1993)

"Liquidated Damages for Delay in Completion of Commercial Construction Projects," California Construction Law Reporter (September 1995), and Santa Clara University Law Review (Fall 1993)

"Potential CERCLA Liability of Parent Corporations for the Acts of Their Subsidiaries," University of Idaho Law Review (Fall 1993)

Speeches and Presentations

Mr. Worden has given numerous presentations at national and regional legal seminars, including:

"Alternative Fees," Litigation Management Supercourse, Scottsdale, Ariz. (April 28, 2012)

"AT&T Mobility v. Concepcion and its Aftermath," The Bar Association of San Francisco (December 1, 2011)

"Arbitration Exasperation," Litigation Management Supercourse, Laguna Beach, Calif. (November 4, 2011)

"Arbitration," (moderator) Litigation Management in a New York Minute (August 5, 2011)

"Dodd-Frank: The Good, the Bad and the Ugly," (co-speaker) Catlin Fourth Annual Broker-Dealer Consortium (May 5, 2011)

"Class Action Arbitration," Bar Association of San Francisco (December 9, 2010)

"What They Don't Teach in Law School About How Law Firms Really Work," Seattle University School of Law (September 21, 2010)

"Business Development for Newer Lawyers (and Older Lawyers, too)," Seattle University School of Law (September 21, 2010)

"Best Arbitration Practices," (Speaker, with Hon. Fern Smith (Ret.) and Hon. Rebecca Westerfield (Ret.)) The Arbitration Committee of the ADR Section of The Bar Association of San Francisco, San Francisco, Calif. (March 23, 2010)

"How to Argue the Burden of Proof, in Voir Dire, Opening and Closing," The Bar Association of San Francisco, San Francisco, Calif. (January 29, 2009)

"Opening Statements," University of California at Berkeley, Boalt Hall School of Law (January 21, 2009)

"Taking Control of Your Career," Bridging The Gap: Between Law School and Legal Practice, The Bar Association of San Francisco, San Francisco, Calif. (November 14, 2008)

"Insurance and California Real Estate," CREW (California Real Estate Women) (July 31, 2008)

"What Every Real Estate Lawyer Should Know About Insurance Coverage," State Bar of California Section Education Institute (January 19, 2008)

"Winning by Arguing Burden of Proof," Network of Trial Law Firms, Pebble Beach, Calif.  (April 2007)

"What Every Real Estate Lawyer Should Know About Insurance Coverage," State Bar of California, 78th Annual Meeting (September 9, 2005)

"Securities Arbitrations," (Moderator)

"Creative Discovery in NASD Action"

"How to Try and Win an Insurance Coverage Case"

"A Parent Corporation's Insurance Coverage"

"What's Hot in Coverage Litigation," The Network of Trial Law Firms, San Diego, Calif. (April 2003)

"World Trade Center Insurance Coverage Issues: Property and Liability Issues in Claims for Damages Incurred as a Result of War (Declared or Not)Hijacking, and Acts of Foreign Enemies," Network of Trial Lawyers, Palm Beach, Fla. (October 2001) and State Bar of California, Carlsbad, Calif.(May 2001)

"Recent Coverage Developments in Construction Litigation," State Bar of California, Anaheim, Calif. (September 2001)

"California Insurance Law," Lorman Education Services, San Francisco (May 2001)

"California Insurance Law," Lorman Education Services, Monterey, Calif. (June 2000)

"Coverage Issues With Mergers and Acquisitions," State Bar of California, Monterey, Calif. (June 2000)

"Dealing with Insurance Issues in Mergers and Acquisitions," State Bar of California, San Francisco (June 2000)

"California Insurance Law," Lorman Education Services, San Francisco (January 2000)

"Insured-Insurer Issue Resolution," Network of Trial Law Firms, Palm Beach, Fla. (October 1999)

"Recent Developments in 'Continuous Trigger' Insurance Coverage Litigation," Network of Trial Law Firms, Palm Beach, Fla. (October 1998)

"Developments in Continuous Trigger Coverage Law"

"Coverage Issues in Premises Liability Cases"

"How to Get to Coverage"

"Litigating Small Business Cases"

"Litigating a Small Complex Case Cost-Effectively"

Awards and Honors

1997 San Francisco Bar Association Barrister of the Year
Northern California Super Lawyers, Insurance Coverage; Securities Litigation

Education

Seattle University School of Law(J.D., magna cum laude, 1989)
Editor, Seattle University Law Review
Seattle University(B.A., with honors, honors program, 1986)

Teaching Appointments

Adjunct Professor of Law, University of California Hastings College of the Law (1996-present)

Professional Memberships

State Bar of California
Insurance Law Committee
Bar Association of San Francisco
Barristers Club
          Board of Directors
Antitrust and Securities Litigation Section 
          Past Chair
Litigation/Arbitration Section
          Chair
Volunteer Legal Services Program
          Director

Civic and Charitable Organizations

Arbitrator, San Francisco Superior Court
Lafayette Police Commission, Lafayette, California