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Media Coverage
January 17, 2023
This Q&A was published in the January/February 2023 issues of Claims Magazine & PropertyCasualty360 on January 23, 2023. Partner Wendy Stein Fulton discussed effective strategies for handling complex claims in a Q&A with the editor-in-chief...
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...
Florida Judge Dismisses COVID-19 Damage Claims – Law360
August 12, 2022
Florida Circuit Judge Bradley G. Harper awarded Mound Cotton’s client a partial dismissal of property damage claims made by an international real estate investment company. Plaintiff alleged that the presence of COVID-19 physically damaged property by...
COVID-19 Complaint Dismissed with Prejudice – Wolverine World Wide v. Zurich
July 21, 2022
No Direct Physical Loss or Damage / Contamination Exclusion
Wolverine World Wide v. Zurich American Insurance Company, docket No.: 21 CH 4457 (Circuit Court of Cook County, Illinois, Chancery Division July 21, 2022) On July 21, 2022, Judge Pamela McLean Meyerson of the Circuit Court of Cook County, Chancery...
NJ Judge Dismisses COVID-19 Suit – No Physical Loss or Damage
June 30, 2022
No Physical Loss or Damage
New Jersey Superior Court Judge Steven Polansky awarded a full dismissal of COVID-19 business interruption claims. The policyholder failed to show that the presence of COVID-19 caused physical loss or damage required to qualify for coverage....
Kevin Buckley Quoted On Earth Movement Exclusion – Law360
April 25, 2022
A five-judge panel dismissed $3 million in property coverage claims. Caused by nearby construction, the damage to the policyholder’s building falls under an earth movement exclusion which disqualifies it from coverage. Partner Kevin Buckley,...
Kevin Buckley Comments on New York’s Clear COVID-19 Precedent – Law360
April 13, 2022
A NY judge dismissed coverage claims against Wesco Insurance Co. The ruling aligns with decisions in a growing majority of cases in which plaintiffs are unable to prove that the presence of COVID-19 caused tangible damage to property. Partner Kevin...
New York Law Journal – Jeffrey Weinstein and Samuel Weiss Discuss Snap Removal in Federal Court
April 8, 2022
Partner Jeffrey Weinstein and associate Samuel Weiss examine the viability in federal circuit courts of the time-sensitive snap removal — a motion to move from state to federal court, made after a plaintiff has filed a case but before they have properly...
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...
COVID 19 – NO DIRECT PHYSICAL DAMAGE – SFMB v. Starr
January 21, 2022
Covid 19/No Physical Loss or Damage
SFMB Management v. Starr Surplus Lines Insurance Co., docket No. 653203/2021 (Supreme Court of the State of New York, New York County, January 20, 2022) On January 20, 2022, the Supreme Court of the State of New York’s Justice Debra James granted MCWG’s...
Q&A: Impact of Remote Proceedings on International Arbitrations – Mealey’s
January 5, 2022
This Q&A was published in the December 2021 issues of Mealey’s International Arbitration Report and Mealey’s Coronavirus Law Report. Senior Counsel Michael H. Goldstein was on a Q&A panel for Mealey’s International Arbitration Report...
COVID-19 Claims Not Covered by Business Interruption Policy- J. Kleinhaus & Sons v. Valley Forge
December 14, 2021
Business Interruption / COVID-19
J. Kleinhaus & Sons, LLC v. Valley Forge Ins. Co., 2021 WL 5909978, No. 21 CIV 2202 (JPC), (S.D.N.Y. Dec. 14, 2021) Plaintiff, a diamond dealer, alleged that due to the pandemic and governmental closure orders, it was only able to conduct limited...
Full Dismissal of COVID Claims for Mound Cotton’s Clients – Law360
October 18, 2021
In Raymours Furniture Co., Inc. v. Lexington Insurance Co. et al., No. 655167 2020, 2021 WL 4789148 (N.Y. Supr. Ct. N.Y. Cnty. Oct. 14, 2021), Mound Cotton’s clients were awarded a full dismissal with prejudice on the ground that the presence of the...
New York Insurance Law Firm Expands in Fort Lauderdale to Meet Coverage, Malpractice Demand – Daily Business Review
October 15, 2021
This article was published in Daily Business Review on October 14, 2021. Partners Wendy Stein Fulton and William Wilson spoke to the Daily Business Review about the firm’s strategy in Florida.
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...
Mound Cotton Adds Insurance Partner, Wendy Stein Fulton – Law360
September 24, 2021
This article was published in Law360 on September 21, 2021: “Mound Cotton Adds Ex-Kiernan Trebach Insurance Partner”. Mound Cotton Wollan & Greengrass LLP expanded its Fort Lauderdale, Florida, office this month with the addition of a...
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,...
Michael Koblenz Quoted in The Real Deal
July 26, 2021
Partner Michael Koblenz, who represents the buyer in a real estate sale in the Hamptons, commented on the it in The Real Deal. He filed a complaint with the Department of State, alleging gross misrepresentation and exaggeration of the circumstances by...
No Direct Physical Damage to Property – Benny’s Famous Pizza Plus v. Security National
July 2, 2021
Presence of COVID-19 is not requisite physical damage
Benny’s Famous Pizza Plus Inc. v. Security National Insurance Company, 2021 NY Slip Op. 31963(U), 2021 WL 2772403 (Sup. Ct. Kings Cnty. July 2, 2021) This case involved a business interruption claim for losses arising out of COVID-19 closures. By...
No Physical Impact or Damage – Marilyn’s Kids v. Continental Casualty Company
June 30, 2021
COVID-19 business income loss / NJ Federal Court
Marilyn’s Kids, Inc. d/b/a Denny’s v. Continental Casualty Company, Civil Action No. 20-8641, 2021 WL 4488598, (D.N.J. June 30, 2021) This case involved a claim for business income losses from COVID-19 under a first-party property insurance policy. The...
$4.5 Million Claim Dismissed – Shea Properties Management v. The Continental Insurance company
June 29, 2021
Flood exclusion applies / Builder’s Risk
Shea Properties Management Co., et al. v. The Continental Insurance Company, et al., Case No. SA CV 21-00514, 2021 WL 4815208 (C.D. Cal. June 29, 2021) U.S. District Judge David O. Carter dismissed the complaint in a $4.5 million builder’s risk...
Why Legacy Insurance Coverage May Not Protect Early Adopters of Bitcoin – Law360
June 10, 2021
This article was published on Law360.com (subscription required) on June 10, 2021, in Insurance Authority, and in the daily Insurance newsletter. It was written by Partner Amy Justine Kallal, Special Counsel Andrea Fort, and associate Andrew Romano. On...
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...
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...
“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
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, which were announced by the Securities and Exchange Commission on June 5, 2019.[1]...
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,...
Barry Temkin quoted in Investment News re. the need for accurate communications in disclosures
January 17, 2020
Partner Barry Temkin was quoted in an article in Investment News, “Finra fines Prudential $1 million over inaccurate retirement-plan information,” discussing FINRA’s recent enforcement action resulting from an inquiry of Prudential...
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...
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...
Partner Amy Kallal and Associate Tyler Flynn Were 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. 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...
Mound Cotton Wollan & Greengrass has been named a Tier 1 firm in New York City for Insurance by U.S. News – Best Lawyers® “Best Law Firms” in 2019
November 1, 2018
U.S. News – Best Lawyers® “Best Law Firms” has ranked law firms in 75 national practice areas and 122 metro practice areas for 2019. Mound Cotton Wollan & Greengrass has been named as a Tier 1 firm in the New York Metropolitan area and in Tier 2...
Partner Barry Temkin quoted in Law360, “Cohen Tapes Show Broken Attorney-Client Relationship”
July 23, 2018
Barry Temkin discussed whether Michael Cohen committed a crime under New York law when he recorded phone calls he had with President Trump in secret in Law360, “Cohen Tapes Show Broken Attorney-Client Relationship.” (subscription required) ...
Barry Temkin’s and Kenneth Labbate’s Article, “The NY Department of Financial Services Cybersecurity Regulations: An Update,” Published by NYLJ
June 28, 2018
Reprinted with permission from the New York Law Journal, Volume 259 – NO. 124 on Thursday, June 28, 2018. To view the article, click here.
Partner Barry Temkin quoted in Investment News article: “SEC warns advisers to toe the line on fees”
April 12, 2018
Partner Barry Temkin was recently quoted in an article in Investment News about a risk alert sent out by the Securities and Exchange Commission to advisers in regards to the overcharging of clients: “This might be a good opportunity for advisers...
Health Republic’s ‘Curious Liquidation’ Article Series
February 13, 2018
This article series was published by Law360, from June 2016 to February 2018. You can access the full series (Parts 1-14) here (subscription required) or read a PDF of the full series here.
MCWG Partner Barry Temkin Quoted in Investment News
November 2, 2017
Partner Barry Temkin was recently quoted in an article in Investment News about FINRA’s plan to compile a list of high-risk advisers for additional regulatory scrutiny. “I would be deeply concerned by the existence of some kind of list of...
MCWG partners Philip Silverberg, William Wilson and associate Andrew Rice co-authored “Why The Corrosion Exclusion Remains Strong: Part 1 and Part 2”
June 23, 2017
This article is reprinted with permission from Law360, New York, June 22, 2017.
Partner Costantino Suriano co-authored “Judgment Is Within Policy Limits But Insurer Believes Part Is Outside Coverage” – New York Law Journal
February 18, 2017
This article is reprinted with permission from the New York Law Journal, Volume 257—NO. 39, Wednesday, March 1, 2017.
Partners Costantino Suriano and Daniel Markewich co-authored an article titled: “When Pervasive Foul Odors Constitute Property Damage”
January 26, 2017
This article is reprinted with permission from Law360, January 26, 2017.
Partner Jeffrey Weinstein and associate Kelly Cheverko co-authored an article titled: “Starting Over: Policy Rescission In New York Vs. The UK”
January 23, 2017
This article is reprinted with permission from Law360, New York, January 23, 2017, Law360.com.
MCWG Congratulates partner Frank J. DeAngelis on his confirmation as a judge of the Superior Court of New Jersey, Morris County
January 12, 2017
Mound Cotton Wollan & Greengrass congratulates its partner Frank J. DeAngelis on his confirmation as a judge of the Superior Court of New Jersey, Morris County. Frank started his career at Mound Cotton over twenty years ago and has been a valued...
Partners Costantino Suriano and Daniel Markewich co-authored an article titled: “Are Contractually-Agreed Prevailing Party Attorney Fees Covered Under a CGL Policy?”
January 10, 2017
This article is reprinted with permission from the January 10, 2017 issue of New York Law Journal © 2017 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.
Partner Barry Temkin co-authored an article titled: “New Cyber Security Regulations Promulgated by New York’s Department of Financial Services”
January 5, 2017
Reprinted with permission from Corporate Disputes Magazine, Jan-Mar 2017 Issue.
Barry Temkin Published “Lawyers As Whistleblowers: Recent Developments” in PLUS Journal
December 1, 2016
This article is reprinted with permission from the December 2016 Plus Journal, Volume XXIX, Number 12.
Mound Cotton Wollan & Greengrass LLP ranked by U.S. News and Best Lawyers
August 27, 2016
U.S. News and Best Lawyers have ranked law firms in 74 national practice areas and 122 metro practice areas for 2016. Mound Cotton Wollan & Greengrass has been ranked as a Tier 1 law firm in the N.Y. metropolitan area and in Tier 2 nationally in the...
REBUTTAL: When Insurance Policies Are Enforced As Written
January 26, 2016
Jeffrey Weinstein and Jared Markowitz co-authored “REBUTTAL: When Insurance Policies Are Enforced As Written,” published by Law360 on January 26, 2016. This article is reprinted with permission.
MCWG Partner Barry R. Temkin quoted in National Law Journal.
October 19, 2015
Mr. Temkin was quoted on 10/29/2015 in an article titled “Calculating the Hourly Rate of a Federal Agency Lawyer? It’s Complicated.” Commenting on the request of CFTC counsel for court-ordered sanctions against their adversary...