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Bylined Articles
August 31, 2024
Law360 published “Assessing Whether Jarkesy May Limit FINRA Prosecutions” , written by partners Barry Temkin and Kate DiGeronimo, on August 30, 2024. You can read the article here (subscription required), or click on the link below.
THE CALM BEFORE THE SOLAR STORM
July 9, 2024
This article will be published in the August 2024 issue of International Institute of Loss Adjusters (IILA)’s The International Monitor. This July 9, 2024 update was written with the invaluable follow up research and assistance of Mariah Patuel,...
New York Law Journal: Are SEC and FINRA Administrative Hearings Unconstitutional?
May 9, 2024
Partner Barry Temkin wrote “Are SEC and FINRA Administrative Hearings Unconstitutional?” which the New York Law Journal published on May 9, 2024. Click below to read the full article.
ARIAS-US Quarterly: Intertwined Worlds of Insurance, Reinsurance, and the Law in the U.S. and U.K.
March 1, 2024
This article was published in ARIAS-US Quarterly, Q1 2024. In late May 2023, the Second Circuit Court of Appeals issued a detailed and complex decision that demonstrates in unusually lucid fashion that the interconnected worlds of U.S. and U.K....
IACP: The Impact of Micra Modernization on California: Healthcare Liability Costs
December 7, 2023
This article was published in IACP (International Association of Claim Professionals) Declarations 2022-2023 Year in Review, pp.39-43. You can see the article, attached, or download the article here: https://lnkd.in/g98GB-rF On May 23, 2022, California...
Article: District Court Finds LEG 3/06 Model “Improvement” Defects Exclusion Ambiguous
October 26, 2023
In 1996, the London Engineering Group (LEG) first introduced a set of model defects clauses applying to physical loss or damage to insured property caused by defects in material, workmanship, design, plan, or specification, known as LEG 1, LEG 2, and...
McCarran-Ferguson and the Murky Waters of Self-Executing Treaties: First Circuit Court of Appeals Affirms Foreign Insurers’ Right to Arbitrate
June 8, 2023
Because arbitration is generally considered a more efficient forum for dispute resolution than litigation, insurers may include mandatory arbitration provisions––often with New York law and forum provisions––in their contracts. New York has served as a...
New York Law Journal: Surfside’s Settlement and the Legislative Response
May 22, 2023
The Surfside collapse and its $1.2 billion class action settlement in 2021 created a pivotal moment for Florida insurance regulations in property losses. Partner Lloyd Gura dives into the legislative response of the state and its efforts to curb the...
New York Law Journal – Applicability of Pollution Exclusions to PFAS
October 5, 2022
“‘Tonoga v. New Hampshire’ and the Applicability of Pollution Exclusions to PFAS” was published in New York Law Journal on October 5, 2022. Partner Hilary Henkind and associate Ananda Zhu analyze the applicability of pollution...
New York Law Journal – Jeffrey Weinstein and Samuel Weiss Discuss Snap Removal in Federal Court
April 8, 2022
The article, “Fast and Furious: Forum Defendants, Snap Removal and 28 U.S.C. §1441(b)”, was published in New York Law Journal on April 8, 2022. Partner Jeffrey Weinstein and associate Samuel Weiss examine the viability in federal circuit...
PLUS BLOG – Barry Temkin Assesses Policy Erosion Limitations and Choice of Counsel
March 14, 2022
This article was published on the PLUS (Professional Liability Underwriting Society) Blog on March 14, 2022. Partner Barry Temkin and Robert Usinger, Esq. co-authored “Choice of Counsel and Policy Erosion for Professional Liability Policies Under...
Inter-Governmental Philatelic Corp. v. Aspen American Insurance Co.: The Mysterious Disappearance Exclusion Revisited
February 4, 2022
It is well-settled that the mysterious disappearance exclusion in an all-risk policy does not exclude from coverage the loss of property caused by theft[1]; rather, it precludes coverage for missing property where there is no physical evidence to show...
Maintaining the Confidentiality of Arbitration Awards When Petitioning for Relief in Court – ARIAS U.S. Quarterly
October 15, 2021
Partner Amy Kallal and Special Counsel Andrea Fort discuss recent cases involving the efforts to obtain access to arbitration awards which are filed as part of petitions to confirm or vacate. Some courts have allowed third-party access to awards just...
Is A Societas Europaea Analogous To A U.S. Corporation For Purposes Of Diversity Jurisdiction? A Recent Case Concludes That It Is
September 29, 2021
A domestic corporation is a citizen of its state of incorporation and principal place of business for purposes of diversity jurisdiction.[1] By contrast, the citizenship of other “unincorporated” domestic business entities (such as limited liability...
State Appellate Courts Are Split Re. Recouping Defense Costs
September 29, 2021
Does An Insurer Have An Entitlement to Recoup Defense Costs When No Duty to Indemnify Exists? In a case of first impression for the New York Supreme Court, Appellate Division, Second Department, the court chose not to follow prior decisions of its...
When a Law Firm Purchases Less Insurance Coverage Than Required By the Rules of Court
August 16, 2021
The Case of Cadre v. Proassurance Casualty Company Rule 1:21-1B of the New Jersey Rules of Court governs the practice of law as a limited liability company, and provides in relevant part that “[a]ttorneys may engage in the practice of law as limited...
NY Prompt Pay Act for Construction Contractors – New York Law Journal
August 10, 2021
The New York Law Journal published “NY Prompt Pay Act for Construction Contractors,” written by partner Barry Temkin and coauthor Ken Eccleston, on August 10, 2021. This article provides an in-depth discussion of New York’s Prompt Pay Act,...
Now Available: Partner William Wilson’s Book, New Jersey Insurance Coverage Litigation – A Practitioners Guide
July 23, 2021
William Wilson published new book, NJ Insurance Coverage Litigation – A Practitioners Guide (2021), 3rd ed. With co-author Frank DeAngelis, they provide a broad overview of insurance coverage litigation in NJ involving the enforcement and interpretation...
Can There Be Coverage For A Ransomware Attack Under The Computer Fraud Provision Of A Commercial Crime Endorsement?
July 16, 2021
The Indiana Supreme Court Weighs In With the proliferation of computer crime these days, cyber insurance has become a must for businesses. There are many different types of cyber coverage available on the market, and the coverage that an insured...
Reinsurance Arbitration Awards — An Uphill Battle?
June 17, 2021
Maintaining Confidentiality When Petitioning for Relief in Court A long-running dispute between Pennsylvania National Mutual Casualty Insurance Company and one of its reinsurers, Everest Reinsurance Company, recently culminated in the unsealing of an...
Why Legacy Insurance Coverage May Not Protect Early Adopters of Bitcoin – Law360
June 10, 2021
This article was published on Law360 (subscription required) on June 10, 2021, in Insurance Authority, and in the daily Insurance newsletter. It was written by partner Amy Kallal, Special Counsel Andrea Fort, and associate Andrew Romano. On June 9, El...
Same Virus, Different Outcomes
April 27, 2021
State and federal courts across the country are grappling with insurance coverage litigation, as insureds who suffered business losses due to government-mandated shutdowns look to their property insurers for relief. These cases present the following key...
Partner Barry Temkin on ABA Ethics Opinion on Remote Working – Law360
April 5, 2021
Barry Temkin co-authored “ABA Remote Work Guide Raises Bar For Atty Tech Know-How” in Law360 (subscription required) with Jennifer Goldsmith, vice president of professional liability claims at Ironshore, discussing ABA Ethics Opinion 498, a...
Preventing Coronavirus Claims: Strategies for Architects and Engineers
March 19, 2021
This article was published on Liberty Mutual’s website. You can access it here. This article will consider potential future claims against design professionals that are expected to arise from the Covid-19 pandemic and offer recommendations for how...
New Developments in Law Firms’ Obligations to Protect Against Data Breaches – New York Law Journal
January 15, 2021
This article was published in the New York Law Journal on January 15, 2021. In addition to a 2018 ABA ethics opinion which outlines when law firms are ethically obligated to notify clients of data breaches jeopardizing the security of their confidential...
Business Law Today – Law Firms’ Duty to Notify Clients About Data Breaches
January 12, 2021
This article was reprinted with permission from Business Law Today. Much has been written in recent years about lawyers’ duties to preserve the confidentiality of client information under the rules of professional conduct and to take reasonable...
The Presumption of Suitability Under the Uniform Limited Offering Exemption
December 23, 2020
Alternative investments are back in the news. The Massachusetts Securities Division has announced an investigation of brokerdealers selling oil and gas and car dealership limited partnerships, and has issued subpoenas to sixty-three firms selling the...
“Is Senator Richard Burr Guilty of Insider Trading under the STOCK Act?” – New York Law Journal
July 20, 2020
This article was originally published in the New York Law Journal on July 20, 2020. Expert Opinion The SEC and U.S. Justice Department are investigating suspicious stock trades made by U.S. Senator Richard Burr in February 2020, which might have been...
SEC Regulation Best Interest: A Practical Guide for Broker-Dealers and Investment Advisers
May 12, 2020
This article was reprinted with permission from Business Law Today, May 12, 2020. On June 30, 2020 registered securities broker-dealers must begin their compliance with new SEC Regulation Best Interest and Form CRS Relationship Summary/Form ADV Part 3,...
Showdown in 2nd Circuit over Reg Bl
May 12, 2020
A showdown is looming next month in a federal appeals court in New York on the enforceability of the Securities and Exchange Commission’s new Regulation Best Interest, which is scheduled to go into effect on June 30. The raging coronavirus pandemic is...
Partner Matthew Lasky’s Article Published in The Journal of Reinsurance 2020
April 9, 2020
Partner Matthew Lasky’s article, “Data Protection: Harmonizing Tensions Between the NAIC’s ‘Insurance Data Security Law’ & Traditional Access-To-Records Provisions” was published in the Journal of Reinsurance 2020,...
How to Get Paid Promptly…And Not Get Sued
March 1, 2020
A guide to avoiding negligent design claims arising from attempts to collect project fees. Every design professional likes to get paid promptly. While it is not the only reason you are in business, getting paid certainly beats the alternatives. But did...
New York Law Journal – Barry Temkin Discusses SEC’s ‘Regulation Best Interest’ for Broker-Dealers
September 25, 2019
Partner Barry Temkin’s article about the SEC’s new regulation governing broker-dealers, Regulation Best Interest (Reg. BI), “New ‘Regulation Best Interest’ Becomes Effective for Broker Dealers,” was published in the New York Law...
Lloyd’s Takes A Stand Against “Silent” Cyber Coverage: How May That Affect The Market Moving Forward?
September 25, 2019
Cyber Attacks: What Are They? Broadly speaking, cyber attacks are socially or politically motivated attacks carried out through the Internet, targeting individuals, corporations, governments, or the general population.[1] They can be categorized into...
The “Matching” Problem
September 25, 2019
Suppose a pipe bursts in a hotel, causing water damage to an entire floor, and requiring the replacement of that floor’s carpeting. As it turns out, however, that style and pattern of carpeting is no longer available anywhere. The hotel insists that...
In Defense Of Bill Cosby
September 25, 2019
If only Clair Huxtable, Esq. were willing to take on Cliff Huxtable’s cases pro bono, maybe William “Bill” Cosby could have avoided the extended legal battle with American International Group, Inc. (“AIG”) over whether it was obligated to defend Mr....
Take the Money and Run: Appellate Court Holds Money Is Not Tangible Property
July 1, 2019
Is money “tangible property”? What about checks? These questions recently were answered in the negative by a New Jersey Appellate Court in Estate of Keppel v. Angela’s Angels Home Healthcare, LLC, 2019 WL 2060285 (May 9, 2019). Donna Thomas was a home...
Who Are You: Stranger Originated Life Insurance Policies No Longer Valid in NJ
June 24, 2019
A life insurance policy is valid only if the insured has an “insurable interest” in the person covered by the policy at the time it is issued. Where no insurable interest exists, the policy is void and the policyholder has no right to recovery. The...
Partner Barry Temkin’s article “Digital Assistants Raise Ethics, Privacy Concerns” was Published in Law360
May 28, 2019
The article, co-authored with Brenda Dorsett, is about ethical concerns for lawyers who use Amazon Echo and other voice-activated digital assistants. It was published on Friday, May 24, 2019, as an Expert Analysis. Click here to download and read. Click...
Is My Amazon Echo Spying On My Clients?
May 23, 2019
This article “Lawyers’ Digital Assistants Raise Ethics, Privacy Concerns” was originally published on Law360, May 23, 2019 Is my Amazon Alexa spying on me? Recent years have witnessed the growth and proliferation of voice-activated...
When The Damage Is Done
May 20, 2019
Let’s say an instant oatmeal product incorporates a dried milk ingredient that has been manufactured in a facility with unsanitary conditions and that the milk ingredient may be contaminated with Salmonella as a result. The instant oatmeal product then...
Partner Amy Kallal and Associate Tyler Flynn’s Article Was Published in the 2019 Spring Issue of AIRROC Matters
May 8, 2019
The article, “America Has An Opioid Problem: Who’s Going To Pay To Fix It?,” is available in the AIRROC Matters 2019 Spring Issue and The Society of Actuaries. You can read the article here.
Lloyd Gura and Andrea Fort on the Automatization of Underwriting – Journal of Reinsurance
March 1, 2019
Partner Lloyd Gura and special counsel Andrea Fort’s article, “Automatization of Underwriting and the Future of the Reinsurance Relationship,” was published in the March 2019 Journal of Reinsurance. New technology and artificial...
Product Contamination: When The Spices Kick It Up a Notch, Who Will Respond?
January 4, 2019
Product Contamination: When The Spices Kick It Up a Notch, Who Will Respond? A notification rings and the insured sees an urgent email from its spice supplier. The email states, in bold capital letters: ”RECALL! Spices Contaminated With Salmonella.”...
Can A Grain of Rice Cause Mass Destruction?
December 20, 2018
Technology keeps progressing in leaps and bounds. We read that robots or the much- awaited (or dreaded) artificial intelligence are going to take over property claims work in the All Things Internet New World. Unfortunately, there is a “dark side” that...
Developments in Real Estate Professional Liability: 2018
December 20, 2018
A. Introduction From causes of action sounding in breach of contract, to improperly earned commissions, to allegations of violations of real estate specific statutes, buyers and sellers have continued to assert claims against real estate professionals,...
“AE” I Owe You?
December 20, 2018
Court decisions concerning flood zones designated by the Federal Emergency Management Agency (“FEMA”) often seem to be like someone is reciting the alphabet. “A,” “AE,” “B,” “C,” “D,” “V,” “X,” to name a few. (What happened to E through U are questions...
When Emails Are Spoofed Does Cyber Coverage Go Poof? – Medidata Solutions, Inc. v Fed Ins Co, 729 Fed App’x 117 (2d Cir 2018)
December 20, 2018
Medidata Solutions, Inc. provides cloud-based services to scientists conducting research in clinical trials and uses Google’s Gmail as a platform for the company’s emails. While the emails are routed through Google’s computer servers, which also process...
Ohio Supreme Court Decision on CGL Coverage for Construction Defect Claims Shows the “Occurrence” Debate May Not Be Over
December 20, 2018
The Supreme Court of Ohio recently issued a decision that bucked the dominant trend among U.S. courts when it comes to CGL coverage for construction defects. In Ohio Northern University v. Charles Construction Services, Inc. — N.E.3d —-,...
WTF? (What the Functus) — Gen. Re Life Corp. v. Lincoln Nat’l Life Ins. Co.
December 20, 2018
In Gen. Re Life Corp. v. Lincoln Nat’l Life Ins. Co., No. 17-2496-CV, 2018 WL 6186078, — F.3d. — (2d Cir. Nov. 28, 2018), the Second Circuit, for the first time, recognized “an exception to functus offico where an arbitration award is...
Mud on the Tires: An ATV Is Not a Four-Wheel Passenger Auto
December 16, 2018
What is a four-wheel passenger auto? That was a question that recently was answered by the New Jersey Appellate Division in Starner v. Haemmerle, No. A-0153-17T2, 2018 WL 5273995 (N.J. App. Div. Oct. 24, 2018). Specifically, the issue before the court...
You Should’ve Told Me: Failure to Inform Insured of Coverage Limitation Results in Waiver
August 13, 2018
An insurer typically has two distinct, albeit related, obligations under a third-party policy: the duty to defend the insured in connection with potentially covered claims asserted against the insured and the duty to pay any judgments against the...
Up in Smoke: Considerations for Property Insurers as More States Legalize Marijuana
August 7, 2018
This article was written by Sanjit Shah.[1] According to Business Insider, thirty states currently allow the use of marijuana for medicinal purposes, and nine permit the recreational use of marijuana.[2] Seven years ago, medical marijuana was allowed in...
A Brave New World – Cybersecurity and the Potential for Legal Malpractice Claims
August 7, 2018
This article was originally published on Professional Liability Insurance Newsletter, American Bar Association, Fall 2018. On June 11, 2018, news broke that the local and federal law enforcement officials had arrested 74 people, including nearly 30 in...
When Will It End: Anti-Assignment Clause No Bar to Post-Loss Claim Assignment
April 18, 2018
Introduction “When will it end?” is a refrain that must be on many liability insurers’ minds when it comes to liability under commercial general liability policies issued decades ago. Many such policies contain anti-assignment clauses, the purpose of...
When Will It End: Anti-Assignment Clause No Bar to Post-Loss Claim Assignment
April 18, 2018
Introduction When will it end is a refrain that must be on many liability insurers’ minds when it comes to liability under commercial general liability policies issued decades ago. Many such policies contain anti-assignment clauses, the purpose of...
Made in America: Insurer Has No Duty to Defend Insured Falsely Advertising Origin of its Products
April 8, 2018
In a recent case, the United States District Court for the District of New Jersey held that an insured had no duty to defend an insured accused of falsely advertising the origin of its product. Albion Engineering Company, a New Jersey company, was sued...
Made in America: Insurer Has No Duty to Defend Insured Falsely Advertising Origin of its Products
April 8, 2018
In a recent case, the United States District Court for the District of New Jersey held that an insured had no duty to defend an insured accused of falsely advertising the origin of its product. Albion Engineering Company, a New Jersey company, was sued...
Behind the Wall: Court Holds Domestic Violence Is Particularly Reprehensible
March 31, 2018
Liability insurance policies do not provide coverage for injuries resulting from conduct that is “particularly reprehensible.” As a general rule, coverage is barred where the insured had an intent to injure. In most circumstances, courts apply a...
Behind the Wall: Court Holds Domestic Violence Is Particularly Reprehensible
March 31, 2018
Liability insurance policies do not provide coverage for injuries resulting from conduct that is “particularly reprehensible.” As a general rule, coverage is barred where the insured had an intent to injure. In most circumstances, courts apply a...
The Mentally Impaired Client: Who Decides Trial Strategy?
March 16, 2018
On Jan. 17, 2018, the U.S. Supreme Court heard oral argument on the capital murder conviction of Robert McCoy, who was sentenced to death by a Louisiana court after his own lawyer told the jury he was guilty of a triple homicide. According to The New...
Cybersecurity For Law Firms: Professional Liability And Ethical Considerations
February 2, 2018
Cybersecurity events, including hacking, are on the rise at law firms. A major professional liability insurer estimates that as many as 80% of the largest law firms in the U.S. have experienced data breaches recently.[1] Nor is external hacking the only...
New Year; Same Crisis: Facts & News on the Opioid Epidemic
January 18, 2018
In October 2017, President Trump declared the opioid epidemic a National Public Health Emergency. Three months later, it was confirmed that drug overdose deaths had increased significantly in 2016 to more than 63,600, with more than 42,200 attributed to...
Reinsurance Reserves Found Discoverable
November 17, 2017
In an unusual and noteworthy publicly-reported discovery battle between a cedant and reinsurer, the cedant sought to protect almost twenty years of historical reserving information relating to late notice of asbestos claims against its insured, on...
Air Master & Cooling, Inc. v. Selective Insurance Company of America: New Jersey Appellate Court Addresses Trigger of Coverage Issues for Progressive Construction Defect Losses
November 2, 2017
The state of the law across the U.S. regarding insurance for construction defects under commercial general liability (CGL) coverage is an ever-changing landscape. Although numerous coverage issues continue to be debated, including the fundamental issue...
Addressing the Rights of Addicts and Alcoholics in the Workplace under the Americans with Disabilities Act
October 11, 2017
This article,”Tips For Handling Workplace Substance Abuse Under ADA,” was updated and reprinted with permission from Law360, October 11, 2017. The opioid crisis has focused attention on workplace substance abuse like never before. In August,...
The Department of Labor Fiduciary Rule: Likely Impact on Securities Arbitration and Litigation Claims
October 6, 2017
Since passage of the Dodd Frank Wall Street Reform and Consumer Protection Act in 2010, the momentum has been towards adoption of a uniform fiduciary standard for all financial advisers, whether registered representatives or registered investment...
I Feel the Earth Move: Subsidence Exclusion Bars Coverage
October 1, 2017
Insurance policies commonly contain an exclusion for losses caused by “earth movement” or “subsidence.” Such exclusions typically exclude coverage for losses caused by earthquakes, landslides, mudflows, and earth sinking or shifting. Absent language...
I Feel the Earth Move: Subsidence Exclusion Bars Coverage
October 1, 2017
Insurance policies commonly contain an exclusion for losses caused by “earth movement” or “subsidence.” Such exclusions typically exclude coverage for losses caused by earthquakes, landslides, mudflows, and earth sinking or shifting. Absent language...
Subpoenas and Orders of Appearance and Production
September 1, 2017
Introduction Two commonly used third-party discovery mechanisms available to parties in FINRA arbitrations are the subpoena and the order of production. While the functional purpose of these tools is the same and the procedure to obtain them is similar,...
The Importance of Understanding Insurance Issues in Securities Arbitration and Mediation
August 22, 2017
This article, “Understanding Insurance Issues in Securities Arbitration and Mediation,” was reprinted with permission from the New York Law Journal, Volume 258—NO. 37 Wednesday, August 22, 2017. Insurance issues often influence the outcome...
A New Jersey Insurance Coverage Litigation – A Practitioner’s Guide (2017)
August 14, 2017
An updated and expanded version of New Jersey Insurance Coverage Litigation – A Practitioner’s Guide, the book I co-authored, is now available. It has been over two years since the first edition of this book was published. In this second edition, my...
Up on the Roof: Court Holds Landlord an Additional Insured
June 27, 2017
Leases of real property often require the tenant to obtain liability insurance covering the premises and to name the landlord as an additional insured under the policy. The extent to which the landlord is entitled to coverage depends, at least in the...
Why The Corrosion Exclusion Remains Strong, Part 2 – Law360
June 23, 2017
This article was published in Law360 on June 23, 2017 by partners Philip Silverberg, William Wilson, and former associate Andrew Rice. This is part 2 of this article. You can find the first part here. On March 25, 2015, the district court issued an...
Why The Corrosion Exclusion Remains Strong, Part 1 – Law360
June 22, 2017
This article was published in Law360 on June 22, 2017 by partners Philip Silverberg, William Wilson, and former associate Andrew Rice. Corrosion exclusions have been commonplace in first-party property insurance policies for decades, as evidenced by the...
Sorry for the Delay
June 14, 2017
If you could count on anything, it would be that our partner, Dan Markewich, would spend at least a few minutes at each monthly partner meeting talking about the Mound Cotton Newsletter. The Newsletter was something he took pride in, often reminding the...
CCOs in the Cross-Hairs: Recent Developments in the Regulation of Financial Industry Chief Compliance Officers
June 1, 2017
Following the financial crisis of 2008, the role of Chief Compliance Officer for financial institutions has been redefined, most notably by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. A review of recent regulatory enforcement...
Debris: New Jersey High Court Rejects Stacking of Sublimits
May 26, 2017
Property insurance policies, like other insurance policies, contain an overall limit of liability, which is the maximum amount that the insurance company will pay for any given loss. In addition to an overall limit, policies may also contain “sublimits”...
Social Media and the Rules of Professional Conduct: Is Linkedin Attorney Advertising?
May 17, 2017
This article was originally published by Bloomberg Law on May 17, 2017. Lawyers who maintain active social media presences should be aware of two recent opinions by ethics committees in New York discussing the extent to which lawyers’ postings on the...
The New Cyber Threat – Business Interruption Exposure
March 6, 2017
This article was originally published by Business Insurance on March 6, 2017. As more businesses come to realize that cyber attacks pose a serious threat to business operations, revenue streams and contingency planning, the market is starting to expand...
My Computer Won’t Work: First Party Insurance Coverage for Cyber Losses
January 1, 2017
This article accompanied a presentation Partner Jonathan Gross gave at the Defense Research Institute’s “Insurance Coverage and Claims Institute Seminar” on April 7, 2016 in Chicago. To read the full article, please click below. The article was also...
New York Law Journal – New York DFS Cybersecurity Regulations: An Update for Lawyers Representing Financial Institutions
December 14, 2016
Lawyers who represent insurance companies, banks, insurance agents and other financial institutions in New York should be aware of new Department of Financial Services (DFS) cybersecurity regulations that become effective January 1, 2017. The new DFS...
WHO IS THE CBI WINNER? An Oil-Producing City Evacuated Must Mean a CBI Claim is Coming to Some Insurer
July 2, 2016
MCWG partners Costantino Suriano, Deanna Manzo, and associate Kelly Cheverko authored a White Paper on Fort McMurray Wildfires: “WHO IS THE CBI WINNER? An Oil-Producing City Evacuated Must Mean a CBI Claim is Coming to Some Insurer.” The...
REBUTTAL: When Insurance Policies Are Enforced As Written
January 26, 2016
Mound Cotton’s partner Jeffrey Weinstein and associate Jared Markowitz co-authored “REBUTTAL: When Insurance Policies Are Enforced As Written.” The article was published by Law360 on January 26, 2016. It is reprinted with...
Conflicts Of Interest And Choice Of Counsel In Duty To Defend Insurance Policies: Should There Be ‘‘Goldfarb Miranda’’ Warnings?
May 3, 2012
In most duty to defend policies, the insurance carrier has the right to control the defense, including the appointment of counsel. Insurance carriers typically designate panels of approved law firms to defend policyholders in duty to defend cases, often...
Lawyer Contributions to Judicial Election Campaigns
January 27, 2007
The question presented is whether it is ethical for a lawyer to make a campaign contribution to a judge before whom the lawyer’s firm sometimes appears, or before whom the lawyer is appearing in a pending case. A related question is whether the lawyer...
Guidelines on NYCLA’s Ethics Hotline
September 1, 2006
NYCLA’s Ethics Hotline provides free, confidential advice to members concerning ethics questions that may arise in the course of their practice. The Hotline is staffed on a voluntary, rotating basis by members of the NYCLA Professional Ethics Committee,...
Statutes of Limitations in Securities Arbitrations: Who Decides?
January 1, 2004
Since the 1987 decision of the United States Supreme Court in Shearson/American Express Inc. v. McMahon,[1] upholding the enforceability of an arbitration agreement in a securities fraud claim, the overwhelming majority of securities industry customer...