Recent Publications - Directors & Officers Liability


FTC Issues Guidance for Responding to a Data Breach
November 10, 2016 | Privacy, Data & Cyber Law | Professional Liability | Directors & Officers Liability
The Federal Trade Commission recently issued a new guidance for businesses on responding to a data breach. The guidance, which is also available in video format on the FTC’s website here, sets forth the concrete steps that any business should take in the event that personal information has been hacked, stolen, or inadvertently exposed. The …
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Ruling Upholds Law Firm’s In-House Counsel Attorney-Client Privilege
August 12, 2016 | Professional Liability | Compliance Investigations & White Collar | Directors & Officers Liability
In a hotly contested issue of first impression, the Appellate Division, First Department, has joined a multitude of jurisdictions and has ruled that attorneys who seek the advice of their own law firm’s in-house counsel on their ethical obligations in representing a current client of the firm may invoke the attorney-client privilege to resist subsequent …
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Fyman co-authors article for ABA’s Tort Trial & Insurance Practice Law Journal
April 5, 2016 | Professional Liability | Directors & Officers Liability
Avigael Fyman, a member of the Directors & Officers and Professional Liability Practice Groups, was a contributor to Recent Developments Affecting Professionals’, Directors’, and Officers’ Liability, which has been published in the Winter 2016 issue of the American Bar Association Tort Trial & Insurance Practice Law Journal. Click here to read the Article. …
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Notice-Prejudice Requirements In D&O Policies: Diverse Trends In Contract Language and Case Law
February 17, 2016 | Directors & Officers Liability
One of the hallmarks of a claims-made and reported policy historically has been the two-pronged requirement that (1) the claim against the insured must be first made during the policy period, and (2) the claim had to be reported to the insurer, if not strictly within the policy period, at least no later than a …
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Notice-Prejudice Requirements in D&O Policies: Diverse Trends in Contract Language and Case Law
November 23, 2015
One of the hallmarks of a claims-made and reported policy historically has been the two-pronged requirement that (1) the claim against the insured must be first made during the policy period, and (2) the claim had to be reported to the insurer, if not strictly within the policy period, at least no later than a …
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When a Client Dies, the Attorney Must Protect the Interests of the Client’s Estate
June 30, 2015
Russo v. Rozenholc, 2015 N.Y. App. DIV LEXIS 5885, 2015 NY Slip Op 06029 (N.Y. App. Div. July 9, 2015) While New York law generally requires privity between a client and attorney in order to assert a claim for legal malpractice, in Schneider v. Finmann, 15 N.Y.3d 306, 907 N.Y.S.2d 119 (2010), the New York …
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Cautionary Tale for Directors and Officers of Not-For-Profit Organizations
April 21, 2015
Official Committee of Unsecured Creditors, on behalf of the Estate of Lemington Home for the Aged v. Baldwin, No, 13-2707, 3d Cir., January 26, 2015 In an Opinion on appeal of a jury verdict in the Western District of Pennsylvania, the Third Circuit has affirmed that verdict ruling that the employed Chief Financial Officer (“CFO”) …
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When Products Liability Begets Directors and Officers Liability
March 31, 2015 | Directors & Officers Liability
Joseph Monteleone, a partner in the firm’s Directors & Officers Liability Practice Group, has published an article entitled, “When Products Liability Begets Directors and Officers Liability,” in the Spring 2015 issue of New Jersey Defense.  Please click the link below to view the Article. Adobe Reader is required to view the bulletin. If Adobe Reader is …
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Dealing With Divergent Interests Among Defense Counsel, the Primary In Complex Litigation Involving Directors and Officers
June 12, 2014 | Insurance Coverage | Directors & Officers Liability
Joseph Monteleone, a partner in the firm’s Directors & Officers Liability and Insurance Coverage & Litigation Practice Groups, published an article in the Plus Journal entitled, “Dealing With Divergent Interests Among Defense Counsel, the Primary Insurer and Excess Insurers in Complex Litigation Involving Directors and Officers.” Please click the link below to view the article. …
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The litigation of a claim for attorneys’ fees in small claims court does not have a preclusive effect on a subsequent claim for legal malpractice.
December 31, 2013 | Professional Liability | Complex Torts & Product Liability | Directors & Officers Liability | Insurance Coverage
Generally, the law in New York is that “a determination fixing a defendant’s fees in a prior action brought by the defendant against the plaintiff for fees for the same legal services which the plaintiff alleges were negligently performed, necessarily determines that there was no legal malpractice.” Breslin Realty Development Corp. v. Shaw, 72 A.D.3d …
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New York Court holds that parents may assert legal malpractice as a defense to fee claims arising from attorneys’ representation of their children.
November 30, 2013 | Professional Liability | Complex Torts & Product Liability | Directors & Officers Liability | Insurance Coverage
Traditionally in New York, law guardians appointed in custody disputes were often viewed as taking on a role similar to that of a guardian ad litem, advocating for what they believed to be the best interests of the child, rather than advocating for the outcome desired by the child. Because these law guardians were often …
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