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December 2014

Rivkin Radler Prevails on behalf of Allstate in New York Court of Appeals

October 1, 2014

Rivkin Radler Attorneys Named As 2014 New York Metro SuperLawyers

August 6, 2014

Barry Levy and Scott Green secure pre-answer dismissal

June 17, 2014

Rivkin Team Scores Victory for GEICO in Second Circuit

April 16, 2014

Rivkin Radler Secures Complete Dismissal of Case Challenging Right to Use Peer Reviews to Evaluate MRI Claims

April 16, 2014

Rivkin Radlers Obtains Significant Victory on behalf of Olympic Gold Medal Winning Basketball Coach Geno Auriemma

August 1, 2013

Krinick, Levy, and Bank help secure Appellate Division affirmation of decision invalidating Mayor Bloomberg's Soda Ban

July 5, 2013

Appellate Court Upholds Insurers' Defense Verdict Involving Approx. $20 Million In Pending Claims

April 17, 2013

Ken Novikoff, Barry Levy and Brian Bank Obtain Victory

August 21, 2012

Rivkin Radler Team Secures Dismissal of More Than $30,000,000 in RICO Claims Against The National Conference of Insurance Guaranty Funds, Inc.

June 22, 2012

Litigation Team Scores Major Victory for Liberty Mutual

May 10, 2012

Identifying and Combating No Fault Fraud

November 14, 2011

Barry Levy and Michael Sirignano co-presenters at the NYACT's annual state anti-fraud conference

June 16, 2011

Rivkin Radler Team Wins Major Victory For New York Auto Insurers.

February 2011

Second Circuit Affirms Default Judgment In A Multi-Million Dollar RICO Action Stemming From Fraudulent Dental Practices

March 5, 2010

Fierce Litigation Battles Over Range of ‘Mallela' Issues

January 8, 2010

Five Years Later, Issues From Mallela Continue To Be Litigated

November 17, 2009

Michael Sirignano and Barry Levy co-present a seminar entitled, "Sue or Be Sued..."

August 2009

State Farm Mutual Automobile Insurance Co. v. James M. Liguori, M.D., P.C., and James M. Liguori, M.D.

February 2009

An era of change ...

November 2008

Potential Claims Arising Out of Alleged Madoff Ponzi Scheme

July 22, 2008

First Jury Trial to Apply Malella Results In Unanimous Verdict on Behalf of Insurers

May 2007

Rivkin Radler Welcomes New Partner, Barry Levy and 6 New Associates

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Attorney Profile

Barry I. Levy

Partner

Barry I. Levy litigates complex insurance, healthcare, financial services, and labor/employment actions on behalf of institutional and individual clients.

Barry has tried dozens of complex cases over the course of his career.

He counsels healthcare, automobile, property, fidelity, and life insurers on claims handling practices and investigation techniques and the development of fraud prevention, detection, and recovery plans. He represents insurers in the defense of litigation challenging claims handling practices and seeking payment on fraudulent claims and he prosecutes affirmative actions to recover insurance company claim payments to physicians, medical clinics, attorneys, public adjusters, and others involved in systemic claims fraud schemes.

Barry represents national and regional clients in the investigation and prosecution of affirmative litigation to recover assets lost as a product of defalcation and complex fraud and kickback schemes.

In addition, he represents welfare and pension plans as well as their boards of trustees and plan administrators in matters concerning ERISA compliance, fiduciary duty and prohibited transactions, challenges to plan denials of claims for benefits, challenges to investment decisions, and delinquent employer contribution and collection claims. 

He also represents clients in federal and state litigation, arbitration, mediation, and administrative proceedings in matters relating to collective bargaining, workplace employment practices (including discrimination and sexual harassment), reductions in force and other restructurings, employment policies and procedures, employee discipline and discharge, and employment agreements, restrictive covenants, and wage and hour practices.

The significant decisions he has obtained include:

  • Pedi v. Gov’t Emples. Ins. Co., 2014 U.S. App. LEXIS 11497 (2d Cir. 2014) (affirming summary judgment dismissing age discrimination and retaliation claims)
  • Petrosurance, Inc. v. Nat’l Ass’n of Ins. Comm’rs, 514 Fed. Appx. 51 (2d Cir. 2013) (affirming dismissal of more than $30,000,000 in civil RICO claims against insurance guaranty fund trade organization)
  • Spataro v. Gov’t Employers Ins. Co., 2014 U.S. Dist. LEXIS 109068 (E.D.N.Y. 2014) (dismissing putative class action claims under federal Fair Labor Standards Act and New York labor law)
  • Gov’t Emples. Ins. Co. v. Uptown Health Care Mgmt., 945 F. Supp. 2d 284 (E.D.N.Y. 2013) (denying motion to dismiss insurers’ civil RICO and fraud claims against Article 28 facility alleged to have operated in violation of state licensing laws)
  • Liberty Mut. Ins. Co. v. Excel Imaging, P.C., 879 F. Supp. 2d 243 (E.D.N.Y. 2012) (denying motion seeking dismissal of insurers’ civil RICO and fraud claims against professional corporation alleged to have operated in violation of state licensing laws and staying the professional corporation’s attempts to collect on its pending billing through arbitration)
  • Travelers Indem. Co. v. Valley Psychological, P.C., 2012 U.S. Dist. LEXIS 118190 (E.D.N.Y. 2012) (denying alleged insurance fraud ring’s motion to dismiss, for summary judgment, or to strike allegations in insurer’s fraud complaint)
  • Gov’t Emples. Ins. Co. v. Hollis Med. Care, P.C., 2011 U.S. Dist. LEXIS 130721 (E.D.N.Y. 2011) (on motion for reconsideration, reinstating RICO claims brought by insurer against alleged insurance fraud ring that previously had been dismissed)

Barry’s articles on insurance law have appeared in the New York Law Journal, among other places, and he has spoken at the New York Anti-Car Theft and Fraud Association Annual State Education Conference, the IFM Insurance Fraud Management Conference, the New York State Chapter of Special Investigation Units, and the Coalition Against Insurance Fraud.

Barry was named a Super Lawyer in the Metro New York Area in Business Litigation for 2014.

Barry Levy

Long Island
926 RXR Plaza
Uniondale, New York 11556-0926

PHONE (516) 357-3149
FAX (516) 357-3333
barry.levy@rivkin.com

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PRACTICE AREAS

Directors & Officers Liability

Employment & Labor

Litigation & Appeals

BAR ADMISSION

New York

COURT ADMISSIONS

U.S. District Court for the Eastern, Southern and Northern Districts of New York
U.S. Court of Appeals, Second and Third Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Supreme Court

BAR AFFILIATIONS

American Bar Association
New York State Bar Association
New York County Lawyers' Association, Committee on Federal Courts

EDUCATION

Ohio State University College of Law, Juris Doctor
The Ohio State University and Oxford University, B.A.