Emily Buchanan is an associate in the firm’s Litigation and Insurance Recovery Practice Groups in the Dallas office of Haynes and Boone. Her practice focuses primarily on representing commercial policyholders in insurance coverage disputes. Emily advises clients regarding insurance programs and risk management efforts, as well as representing insureds in disputed insurance claims through negotiation, alternative dispute resolution, and litigation. Her experience spans a wide range of business insurance, including various liability coverages, property and casualty coverage, and other specialized forms of coverage.
As a junior associate, Emily gained valuable trial experience volunteering as a visiting prosecutor for a neighboring city, where she successfully tried over 10 jury trials and received a 100% conviction rate for those jury trials. She cultivated cases from start to finish, conducting the factual investigation and witness interviews, voir dire, opening and closing arguments, direct and cross examinations, and more.
Emily also routinely works as a volunteer attorney with the Dallas Volunteer Attorney Program taking on pro bono matters, including intake clinics and preparing wills for pro bono clients. Prior to joining the firm, Emily spent two years working at the University of Tennessee Office of General Counsel. During this time, she gained valuable experience in a wide array of legal matters through depositions, administrative hearings, and briefing legal issues. Emily also enrolled in an e-discovery course during her last year of law school, where she received extensive hands-on training in electronic discovery protocol and grew an appreciation for tackling discovery in a cost-effective way for her clients. Before attending law school, Emily worked for three years as a middle school teacher in the International Baccalaureate Program at a low socioeconomic school in Tyler, Texas.
Emily’s passion for helping others, coupled with a keen insight into complex insurance issues, allows her to provide clients with litigation strategies that maximize their insurance benefits in the most efficient way possible.
- Obtained double-summary judgment on behalf of energy company against insurance company and contractor for breach of contract claims involving additional insured and indemnity obligations under a master service agreement.
- Achieved dismissal of a professional liability insurer’s declaratory judgment action in the Northern District of Texas regarding the insurance company’s duty to defend an underlying malpractice lawsuit.
- Successfully argued and defeated an insurance company’s appeal in the Fifth Circuit regarding an insurance company’s duty to defend an underlying malpractice lawsuit.
- Defeated an insurer’s motion for summary judgment in Texas state court regarding alleged late notice of a claim under a commercial umbrella liability insurance policy.
- Defeated an insurance company’s motion for summary judgment in the Western District of Texas regarding the insured’s breach of contract claim against the insurer and the “consent to settle” provision under a professional malpractice insurance policy.
- Secured coverage for a client under a long-term care insurance policy that had previously denied coverage.
- Represented a hotel developer in a dispute over coverage under a builders’ risk policy and secured a favorable settlement on behalf of the insured.
- Represented an energy company in securing coverage as an additional insured under various contractors’ insurance policies for underlying litigation.
- Included in the "Ones to Watch" category of Best Lawyers in America, Woodward/White, Inc., 2022
- “Discovery and Evidence for Paralegals—Assisting with Formal Discovery,” presenter, HalfMoon Education, Inc., January 14, 2020.
- “Texas Environmental Law,” co-author, Volumes 45-46, Thomson Reuters, 2017 and 2018.
- “Five Key Takeaways From the Recently-Passed Hail Bill,” author, Journal of Texas Insurance Law, Vol. 15, No. 3 Fall 2017.
J.D., University of Tennessee, 2016, summa cum laude; Order of the Coif
B.A., Baylor University, 2010, cum laude
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Eastern District of Texas
U.S. District Court for the Northern District of Texas
U.S. District Court for the Western District of Texas
Liability insurers for directors and officers, as well as for errors and omissions, frequently deny coverage for losses that they assert are uninsurable because they are based in restitution, disgorgement or a similar theory of recovery. Although courts differ in how they define restitution and disgorgement, both terms typically connote that the insured received something of value to which it was [...]