Recent News - Professional Liability


Lewis Interviewed for Article in ABA’s The Woman Advocate
November 21, 2017
Shari Claire Lewis was interviewed for an article titled, “Negotiating in the Workplace, with Advice from Renowned Women Attorneys” in the American Bar Association’s Fall 2017 issue of The Woman Advocate. This article provides anecdotes from the lives of successful attorneys and their struggles with negotiating for a fair salary. To read the article click here. …
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Robertelli Obtains Summary Judgment
November 1, 2017 | General Liability
In a series of consolidated matters involving multiple parties and coverage issues with regard to a multi-vehicle collision, John Robertelli secured summary judgment on behalf of the State Farm Insured. The motion was granted by The Honorable Randal C. Chiocca J.S.C. in Passaic County, New Jersey. Alex Pappas assisted by taking the deposition of the …
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DiGennaro Speaker at NYSBA’s Risk Management Program
October 24, 2017 | Professional Liability
Janice DiGennaro will be a speaker at the New York State Bar Association’s Risk Management 2017. Program Description: The New York State Bar Association is pleased to present Risk Management for Lawyers. Designed for all practicing attorneys regardless of their level of expertise, this program will provide practical tips to help improve your practice and …
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Rivkin Radler Attorneys Named As 2017 New York Metro Super Lawyers
September 19, 2017
Rivkin Radler LLP is pleased to announce that 20 attorneys were named to the 2017 New York Metro Super Lawyers List and 10 attorneys were named New York Metro Rising Stars. *Brian Bank – Business Litigation Todd M. Belous – Professional Liability: Defense *Michelle Bholan – Business Litigation Jonathan B. Bruno – Professional Liability:  Defense …
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Wilck Co-Presented at USLAW Network Client Conference
September 7, 2017 | David S. Wilck | Professional Liability
David Wilck was a co-presenter at the USLAW Network Client Conference. David’s presentation was entitled, “Contribution and Indemnity Claims Nondelegable Duty/Contribution and Indemnity Claims Between Professionals.” Program description: In today’s economy, professionals frequently outsource certain aspects of their jobs to independent contractors. When a client hires an attorney or a patient sees a physician, he or she …
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Lewis to Present at E&O ExecuSummit
June 20, 2017 | Privacy, Data & Cyber Law | Professional Liability
On Wednesday, June 21, Shari Claire Lewis will speak at the 11th Annual Errors & Omissions ExecuSummit, where she will participate on a panel entitled, “Lawyers — Industry Consolidation, Data Protection, Duty of Confidentiality.” The summit, an educational event designed for E&O insurance professionals, takes place today and tomorrow at the Mohegan Sun Resort & Convention …
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New Jersey Appellate Division’s Recent Decision On The Net Opinion Rule
June 13, 2017 | Professional Liability | Commercial Litigation | Insurance Coverage
The New Jersey Appellate Division, in Satec, Inc. v. The Hanover Insurance Group, Inc., Docket No. A-5103-14T4 (App. Div. June 7, 2017) (approved for publication), addressed New Jersey’s net opinion rule in the context of an insurance broker malpractice claim.  Satec, a distributor of electricity measurement meters, filed suit against its insurance broker (and others) …
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DiGennaro and Belous Win Pre-Answer Motion to Dismiss
May 17, 2017 | Professional Liability
Janice DiGennaro and Todd Belous were successful on a pre-answer motion to dismiss granted in favor of our client, an attorney, who was accused of the unauthorized and improper removal of attorney escrow funds. In 2006, our client represented plaintiff in the back-to-back sale of his residential property and the purchase of a larger replacement property. Ten …
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DiGennaro and Lastorino Prevail on a Pre-Answer Motion to Dismiss
May 12, 2017 | Professional Liability
Janice DiGennaro and Carol Lastorino obtained a pre-answer dismissal of claims against their attorney client for alleged violations of the Fair Debt Collection Practices Act (“FDCPA”).  The FDCPA imposes strict liability on debt collectors, including debt collection law firms, that violate the statute’s provisions. Plaintiff’s FDCPA claims flowed from defendant’s commencement of a mortgage foreclosure …
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Lewis To Present at E&O Insurance ExecuSummit
May 1, 2017 | Professional Liability
Shari Claire Lewis will be a presenter at the 11th annual E&O ExecuSummit being held June 20 & 21 in Uncasville, CT. This educational event is specifically designed for E&O insurance professionals and provides a unique opportunity to get the information you need to succeed in this rapidly changing environment. Shari Lewis will be presenting, …
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DiGennaro a panelist at NYSBA CLE entitled, “Ethics 2017: Legal Ethics in the Real World”
May 1, 2017 | Professional Liability
Janice DiGennaro will be a panelist at the New York State Bar Association’s CLE entitled, ” Ethics 2017:  Legal Ethics In the Real World”.  Janice’s topic is “Review of Recent Ethics Opinions and the New York Rules of Professional Conduct.” Topics to be covered include: Business Development Fees and Other Compensation Forms of Practice Advertising and …
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Korman and DiGennaro Secure Victory on Appeal
April 17, 2017 | Professional Liability | Appeals
Cheryl Korman and Janice DiGennaro secured a victory on appeal for their lawyer clients of claims under New York Judiciary Law section 487 in the Second Circuit Court of Appeals. The claims were based on an almost two decade long litigation  in the state court between the plaintiff and his former wife.  The plaintiff brought shadow …
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DiGennaro and Lastorino Obtain Discontinuance
April 17, 2017 | Professional Liability
Janice DiGennaro and Carol Lastorino obtained a discontinuance with prejudice of all claims against their client for legal malpractice, breach of fiduciary duty, breach of contract, fraud and a violation of Judiciary Law 487.  The claims flowed from the assertion that the client failed to secure the consent of the plaintiff’s former business partners on a …
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DiGennaro and Belous Prevail on Summary Judgment Motion
March 6, 2017 | Professional Liability
Janice DiGennaro and Todd Belous were successful on a motion for summary judgment granted in favor of our client, an attorney, who was accused of having knowledge of and participating in a fraudulent loan transaction. Imposters, claiming to own real estate, successfully defrauded a lender of $350,000.  The title company of the lender reimbursed the …
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Mealey’s Publishes Article by Kenigsberg, Lewis and Savino
March 2, 2017 | Privacy, Data & Cyber Law | Professional Liability | Insurance Coverage
Jay Kenigsberg’s, Shari Claire Lewis’ and William Savino’s article entitled, “Blockchain for the Insurance Practitioner,” was published in Mealey’s Emerging Insurance Disputes and Mealey’s Litigation Report – Cyber Tech & E-Commerce. The article discusses the impact of a blockchain application, known as smart contracts, on the insurance industry. To read the full article, click here. …
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Bruno Presents at New York State Bar Association’s CLE on Legal Malpractice
February 28, 2017 | Professional Liability
Jonathan Bruno will be a presenter at the New York State Bar Association’s CLE on Legal Malpractice.  This program will be held at the CUNY Graduate Center on Friday, March 17, 2017. Program Description: Lawsuits against lawyers arising from errors and/or omissions in the performance of legal services are on the rise.  It is now …
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DiGennaro Presents at New York State Bar Association’s Legal Malpractice Conference
February 17, 2017 | Professional Liability | Directors & Officers Liability
Janice DiGennaro presents at the New York State Bar Association’s Legal Malpractice Conference entitled, “Professional Liability Claims, Litigation Strategies, Attorney Discipline and Ethics.”  The conference will be held on March 31 at the Melville Marriott, Melville, NY. Janice will present, “Common Defenses to the Malpractice Action and Related Causes of Action.” Program Description: Lawsuits against …
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Bruno to present at New York State Bar
February 2, 2017 | Professional Liability
On Friday, March 24, Jonathan Bruno will present “Legal Malpractice 2017: Professional Liability Claims, Litigation Strategies, and Attorney Disciplinary Procedures.” The course, which offers 4 MCLE credits, including 3 ethics credits, will be held at the CUNY Graduate Center in New York City. Learn about sources of legal malpractice claims and ethical considerations. Learn how …
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DiGennaro and Belous Secure Pre-Answer Dismissal of Complaint
January 24, 2017 | Professional Liability
Janice DiGennaro and Todd Belous secured a pre-answer dismissal of the complaint against their client, an attorney who represented plaintiff in connection with severe personal injuries he sustained in a collision with a motor vehicle at a car wash.  The client prosecuted the personal injury claim against the car wash, the owner of the vehicle, and …
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Bruno to present at New York City Bar
January 19, 2017 | Professional Liability | Directors & Officers Liability | Employment & Labor
On January 27, Jonathan Bruno will present, “Legal Malpractice Basics & Risk Management” at the New York City Bar program entitled, “16-Hour Bridge-The-Gap:  Corporate & Litigation. Earn all of your annual New York MCLE credits while obtaining crucial knowledge on a variety of areas. This Bridge-the-Gap program fulfills a full year’s credit requirements for those …
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Bruno and Monteleone Host a Lunch ‘n Learn
January 17, 2017 | Professional Liability | Directors & Officers Liability | Employment & Labor
Jonathan Bruno and Joseph Monteleone hosted a lunch ‘n learn presentation for client, YorkPro, Inc., at their offices.  They discussed various topics, including insureds’ rights to independent counsel in key jurisdictions, frequent areas of coverage disputes under professional liability policies and the impact of professional services exclusions in Commercial General Liability (“CGL”) policies. …
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Rivkin Radler Elects 6 New Partners
January 1, 2017 | Privacy, Data & Cyber Law | Professional Liability | Compliance Investigations & White Collar | Directors & Officers Liability | General Liability | Insurance Coverage | Insurance Fraud | Intellectual Property
Evan H. Krinick, Managing Partner of Rivkin Radler LLP, is pleased to announce that Avigael Fyman, Ryan Goldberg, Matthew Lampert, Robert Maloney, Sean McAloon and Frank Misiti have been elected Partners. “These attorneys are exceptionally talented, and we are proud to call them our partners.  In addition to their impressive legal accomplishments, they are active …
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Lewis to Present at DRI Professional Liability Seminar
December 8, 2016 | Professional Liability
Shari Claire Lewis will be a featured presenter at the DRI Professional Liability Seminar being held on December 8-9 at the Sheraton New York Times Square Hotel 811 7th Avenue, 53rd Street New York, NY 10019. DRI’s Professional Liability Seminar provides information that will be useful to all attorneys and insurers involved in representing professionals …
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DiGennaro and Fyman Victorious in Dismissal of Defamation Lawsuit
December 6, 2016 | Professional Liability
Janice DiGennaro and Avigael Fyman prevailed on their motion to dismiss a lawsuit alleging claims of defamation, injurious falsehood, and prima facie tort against their client, a home inspector, who inadvertently got caught in the cross-hairs of an ugly divorce.  While the Plaintiff, himself an attorney, claimed that he had been severely damaged as a …
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Bruno Quoted in Tax Analysts.org article entitled, “Trump Return Leak Shines Light on Tax Disclosure Laws”
November 14, 2016 | Professional Liability | Directors & Officers Liability | Employment & Labor
Jonathan Bruno was quoted in an article entitled, “Trump Return Leak Shines Light on Tax Disclosure Laws,” published by Tax Analysts.org. Click here to read the article. …
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3 Rivkin Radler Attorneys Receive Leadership in Law Awards
November 1, 2016 | Privacy, Data & Cyber Law | Professional Liability | Trusts & Estates | Compliance Investigations & White Collar | Directors & Officers Liability | Health Services
Rivkin Radler is proud to announce that Christopher J. Kutner, Albert W. Petraglia and Avigael C. Fyman have received Long Island Business News’ Leadership in Law Award, in the categories of Partner, Counsel and Associate, respectively.  This honor recognizes individuals who demonstrate dedication, hard work, skill, tenacity and excellence, as well as leadership qualities in both …
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Wilck on Panel of ACI’s LPL Legal Malpractice Conference
October 12, 2016 | Professional Liability
David Wilck will be a presenter at the American Conference Institute’s LPL Legal Malpractice Conference to be held on Oct. 24-25, 2016.  The Conference will provide insights and strategies addressing the latest challenges including: What does an LPL policy cover and what does a cyber policy cover? Attorneys’ being sued by third-parties Claims against attorneys’ …
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Rivkin Radler Attorneys Named As 2016 New York Metro Super Lawyers
October 11, 2016 | Professional Liability | Real Estate, Zoning & Land Use | Compliance Investigations & White Collar | Appeals | Bankruptcy | Commercial Litigation | Construction | Health Services | Insurance Coverage
UNIONDALE, NY – Rivkin Radler LLP is pleased to announce that twenty attorneys were named to the 2016 New York Metro Super Lawyers List and five attorneys were named as New York Metro Rising Stars. Being named a Super Lawyer is a tremendous honor reserved for only the top 5% of all lawyers in a …
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DiGennaro Speaker at New York State Bar Association’s 2016 Risk Management Program
October 11, 2016 | Professional Liability
Janice DiGennaro is a speaker at New York State Bar Association’s Risk Management program on Friday, Oct. 14, 2016. Janice’s session is entitled, “Relations with Others, Including Partners and Non-Clients.” The session includes: Integrity in dealing with non-clients – Standards of Civility Intra-firm relationships Dealing with partners Supervisory responsibilities of law firms and attorneys Scope of supervisory responsibility of …
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DiGennaro to Speak at ABA National Legal Malpractice Conference
September 22, 2016 | Professional Liability | Compliance Investigations & White Collar | Directors & Officers Liability
Janice DiGennaro will participate in a panel discussion entitled, “Use and Defense of Experts in Legal Malpractice Cases,” at the American Bar Association National Legal Malpractice Conference on September 22, in Chicago. Use and Defense of Experts in Legal Malpractice Cases The latitude with which an opposing expert is permitted to testify at trial can …
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Contino & Lastorino Secure Pre-Answer Dismissal Based on Lack of Personal Jurisdiction
September 16, 2016 | Professional Liability | Directors & Officers Liability
Peter C. Contino and Carol A. Lastorino secured a pre-answer dismissal of the complaint against our client, an out-of-state attorney and law firm, arising out of an out-of-state litigation based on the lack of personal jurisdiction.  Plaintiff argued that the Court had personal jurisdiction over the defendants because the law firm previously maintained an office …
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Gregory Miller Quoted in Inc.com Article
August 9, 2016 | Professional Liability | Commercial Litigation | Intellectual Property
Gregory D. Miller was quoted in a recent Inc.com article entitled, “This App Can Get You Anything (Legal) From Anywhere.” A new shopping app called Grabr, which lets an individual who wants something he or she can’t find locally to post a plea for someone to bring it to them, presents copyright and trademark infringement …
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Contino and Belous Obtain Dismissal of Grievance
August 3, 2016 | Professional Liability
Peter Contino and Todd Belous recently obtained a dismissal of a grievance against our client based on the alleged disclosure of confidential information.  The Grievance Committee found that the attorney did not violate the Rules of Professional Conduct.  This is Peter and Todd’s fourth victory on the client’s behalf in four separate but inter-related matters …
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DiGennaro Joins NYSBA Committee on Professional Ethics
July 27, 2016 | Professional Liability | Compliance Investigations & White Collar | Directors & Officers Liability
Janice DiGennaro has joined the New York State Bar Association’s Committee on Professional Ethics. This Committee is the most productive Committee in the State as it writes and publishes more ethics opinions than any other Bar Committee and its opinions become influential sources for ethical guidance to the courts and attorneys across the State. NYSBA Committee …
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Wilck and Adler Featured in LIBN Article
July 22, 2016 | Professional Liability | Directors & Officers Liability | Health Services | Intellectual Property
David Wilck and Francine Adler were featured in a recent Long Island Business News article entitled, “Learned Before They Were Lawyers.” The article focuses on how lawyers use experience from previous careers to help them in their law practice. David Wilck was featured for his time spent as in-house professional liability claims counsel for an …
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Bruno and Goldberg obtain pre-answer dismissal
July 14, 2016 | Professional Liability | Directors & Officers Liability | Employment & Labor
Jon Bruno and Seth Goldberg were successful in obtaining a pre-answer dismissal of plaintiffs’ complaint, which alleged multiple claims including legal malpractice and fraud, in the Supreme Court, New York County.  The court concluded that the documentary evidence they submitted conclusively refuted plaintiffs’ allegations as a matter of law and dismissed the complaint with prejudice.  …
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Lewis to Speak at CLM Conference in Boston
July 14, 2016 | Professional Liability | Complex Torts & Product Liability | Health Services
Shari Claire Lewis will speak at the 2016 CLM Boston Conference on July 14, 2016 at the Aloft Boston Seaport. Her session is titled, “The Suing Circle: Lawyers vs Lawyers.” For more information on the Conference, Click Here. …
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Wilck quoted in Long Island Business News Article
July 8, 2016 | Professional Liability | Directors & Officers Liability | Intellectual Property
David Wilck*, a partner in the firm’s Director’s & Officers, Intellectual Property and Professional Liability practice groups, was quoted in the July 8-14 issue of the Long Island Business News’ article entitled, “Learned before they were lawyers.”  David said, “I was able to observe different lawyers and how they represented insurers and communicated to insurance …
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Fyman offers closing remarks at Harvard Law Women’s Alliance event
June 21, 2016 | Professional Liability | Directors & Officers Liability
Avigael Fyman attended and offered the closing remarks at the Harvard Law School Women’s Alliance event featuring the Hon. Sondra M. Miller in honor of Chief Judge Judith S. Kaye. The Harvard Law School Women’s Alliance is an organization for the women graduates of Harvard Law School to come together to foster community, networking, and continuing …
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David Wilck Co-Presents CLE Program
June 16, 2016 | Professional Liability
David Wilck will Co-Present “Running a Law Firm: Learn How a Law Firm Can Successfully Grow & Prosper While Avoiding Potential Pitfalls” This 3 Credit CLE program will take place on June 16, 2016 from 6:00pm – 9:00pm at the New York State Trial Lawyers Institute, 132 Nassau Street, New York, NY 10038. Running a …
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DiGennaro successful at Sanction Hearing
June 14, 2016 | Professional Liability | Compliance Investigations & White Collar | Directors & Officers Liability
Janice DiGennaro successfully defended an attorney at a sanction hearing after the court had previously ruled (prior to Rivkin Radler’s retention) that surveillance video of an accident had been spoliated and had ordered an evidentiary hearing on the issue of sanctions.  Janice secured the deposition and affidavit of a non-party out-of-state witness who established that the …
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Monteleone, Bruno & Jones Host Lunch ‘N Learn Presentation
May 24, 2016 | Professional Liability | Insurance Coverage
Joseph Monteleone, Jonathan Bruno and Michael Jones hosted a lunch ‘n learn presentation for client, Hudson Insurance Company, at their offices in New York on May 24th.  They discussed various topics, including insureds’ rights to independent counsel in key jurisdictions, frequent areas of coverage disputes under professional liability policies and the impact of professional services …
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Lewis Quoted in Claims and Litigation Management Alliance Article
May 11, 2016 | Professional Liability | Directors & Officers Liability | Intellectual Property
Shari Claire Lewis was quoted in an article for the Claims and Litigation Management Alliance entitled, “For the insurance industry, where will technology have its biggest impact in the next five years?” To read her answer and the answers of three other industry leaders, Click Here. …
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Robertelli and Doran obtain Dismissal of Superstorm Sandy Suit obtained on behalf of Metropolitan
May 3, 2016 | Professional Liability | General Liability
On behalf of Metropolitan in a Super Storm Sandy claim, John Robertelli and Patricia Doran successfully opposed Plaintiff’s motion to restore the matter long after the suit limitations period contained in the Metropolitan policy had expired. The Hon. Andrea G. Carter agreed with their arguments and held that Plaintiff failed to show the requisite good …
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Wilck a Moderator at the ABA’s National Legal Malpractice Conference
April 27, 2016 | Professional Liability | Directors & Officers Liability | Intellectual Property
David Wilck will be a moderator at the American Bar Association’s National Legal Malpractice Conference in April 27-29, 2016, in New Orleans, LA. The session is entitled, “Effective Impeachment and Rehabilitation in the High-Stakes Legal Malpractice Case.” Session descriptive: Legal malpractice cases typically raise issues of ethics, morality, and “right and wrong” that are susceptible …
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Rivkin Radler Welcomes Four New Attorneys
April 21, 2016 | Professional Liability | Real Estate, Zoning & Land Use | Directors & Officers Liability | Employment & Labor | Insurance Fraud | Corporate
Uniondale, New York – April 2016 – Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that  Kate Heptig, Steven Henesy, Marie Landsman, and Anna Mandel have joined the firm. Kate Heptig, of Rockville Centre, NY has joined the firm’s Corporate practice group as a Partner.  Kate counsels clients in transactional practice areas, …
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Lewis to Present at SCBA
April 20, 2016 | Privacy, Data & Cyber Law | Professional Liability
Shari Claire Lewis will participate on a Suffolk County Bar Association panel discussion/CLE presentation entitled, “Cybersecurity and Cyberinsurance: When Hackers Attack Your Practice, Will You Be Prepared?” It is no longer a matter of whether your practice will be hacked-it’s just a matter of when. This program will tell you what you need to do to …
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DiGennaro, Green and Lewis to Speak at the 2016 Claims & Litigation Management Alliance Conference
April 7, 2016 | Privacy, Data & Cyber Law | Professional Liability | Compliance Investigations & White Collar | Directors & Officers Liability | Employment & Labor
Held each spring, the CLM Annual Conference features more than 80 collaborative educational sessions and keynote presentations designed by industry professionals to help attendees gain the knowledge they need to be on the forefront of the industry. Attendance at the Annual Conference is limited to 1,800 individuals and is balanced among CLM Members and Fellows. …
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DiGennaro and Fyman Victorious in Ray v. Watnick
April 4, 2016 | Professional Liability
Janice DiGennaro and Avigael Fyman were victorious in a motion to dismiss claims under Judiciary Law Section 487 brought against our attorney clients in Ray v. Watnick. Section 487 makes it a misdemeanor for an attorney to engage in any deceit of a court and also provides for the recovery of treble damages.  The motion …
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DiGennaro a speaker at New York State Bar Association program
April 1, 2016 | Professional Liability
Janice DiGennaro will be a speaker in the New York State Bar Association program entitled “Basic Lessons on Ethics and Civility 2016.”  The program will take place at the Melville Marriott, 1350 Walt Whitman Rd., Melville from 9 a.m. – 12:45 p.m. Program Description: A sound ethical compass and a civil and professional demeanor are the …
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