New York Law Journal | Analysis
By Michael A. Sirignano and Sean Gorton | March 7, 2024
The final two defendants in 'United States v. Pierre' pled guilty to charges stemming from their involvement in an insurance fraud scheme. Pending sentencing, the guilty pleas conclude a two-year prosecution that exposed a scheme to hijack New York's no-fault insurance system for personal profit.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | January 25, 2024
D&O liability insurance policies provide coverage for claims arising out of wrongful acts committed by directors or officers of the insured entity—that is their insured capacity. By contrast, in policies where insured capacity is addressed by exclusion, the outside capacity exclusion will bar coverage for loss arising from claims relating to an insured person's conduct in any capacity other than as a director or officer of the insured entity.
New York Law Journal | Analysis
By Laura B. Dowgin and Thomas J. Maroney | January 24, 2024
In this article, Laura B. Dowgin and Thomas J. Maroney discuss the 'Burlington Insurance v. NYC Transit Authority' case and how case law regarding the duty to defend has been affected since the decision.
By Brian Lee | January 3, 2024
The Court of Appeals' ruling is expected to have broad implications not just for New York—one of the hardest hit states during the pandemic—but nationally, since the court's interpretation of the policy language could impact how other courts rule on pandemic-related business interruption disputes.
By Emily Saul | December 18, 2023
Chubb-affiliated insurance companies sued in June, seeking to limit their coverage obligations. But Manhattan Supreme Court Justice Suzanne Adams on Dec. 15 dismissed the lawsuit, stating it was "obvious" the claims were covered under the insurance policies.
By Kirti Reddy and Theresa DeAngelis | December 12, 2023
A discussion of several state-level changes related to the False Claims Act, specifically how NY has amended its overpayment process and changed how they're processing claims.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | November 15, 2023
Every now and then, an insurance product emerges that addresses risks in a manner that facilitates transactions such that the product becomes a regular part of the dealmaker's toolkit. While judgment preservation insurance may not have the impact that RWI has had, its increasing popularity suggests that insureds are discovering that JPI is a very useful tool to mitigate risk.
New York Law Journal | Analysis
By Michael A. Sirignano | November 1, 2023
Lawsuits under the FCA can help to reduce fraud, and can lower the costs of federal insurance and other federal programs. One of the first things that parties bringing such actions, as well as defendants who are sued, should consider is whether the public disclosure bar applies.
New York Law Journal | Expert Opinion
By Carol A. Crossett | October 27, 2023
In the wake of the OceanGate submersible tragedy, there has been much discussion about liability waivers and whether they can bar a lawsuit.
By Patrick Smith | October 10, 2023
"We have great existing clients, and this is a way to expand our touchpoints with them," Frank Lopez, chair of Paul Hastings, said.
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In Memoriam: Richard "Dick" K. DeScherer (1944-2024) We mourn the loss of our friend and former partner and Co-Chairman, Richard "Dick" K. DeScherer. Dick was a member of Willkie Farr & Gallagher LLP for more than 24 years. He was the consummate business lawyer, wonderful colleague and true friend. He joined the Bloomberg organization in 2012, a client for whom he had served as their principal legal advisor since their inception, and later was appointed as a member of their board. Dick's knowledge and experience were unparalleled, as evidenced by appointment to leadership and board positions at numerous well-respected organizations. He was deeply involved in civic and community engagements through his work with the S.L.E. (Lupus) Foundation, Lupus Research Institute, United Hospital Fund of New York, Lincoln Center for the Performing Arts, National Dance institute, and Baryshnikov Dance Foundation, among others. He received an LL.M. in Taxation from New York University in 1970, a J.D. from Georgetown University Law Center in 1969, and a B.A. from the University of Virginia in 1966. He was a member of the American Bar Association, the New York State Bar Association and the Association of the Bar of the City of New York. We offer our sincerest condolences to his family, including his wife Jennie, son Christopher and wife Amanda, daughter Kate, and grandchildren Emmett, Serena, George, Emily and Madeline. We will remember Dick with the utmost respect, admiration and affection. His loss will be felt by his many friends and colleagues at Willkie, and by all those whose lives he touched.
Congratulations to FLB Law's Newest Partner Matthias J. Sportini
Welcome Judge Joseph Quinn (Ret.) The Honorable Joseph P. Quinn, J.S.C., retired New Jersey Superior Court Judge, served for 23 years in the court s Civil, Chancery, and Family Divisions, where he was a strong proponent of mediation and alternate dispute resolution. As the head of Ansell.Law s mediation practice, Judge Quinn provides a valuable resource to parties seeking a final and efficient resolution of their disputes. ANSELL GRIMM & AARON, PC 732-922-1000 https://ansell.law/