Max Gershenoff helps insurers prosecute and defend complex civil lawsuits under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act.
His efforts have helped create a significant body of legal authority supporting the use of civil RICO to combat insurance fraud.
A partner in Rivkin Radler’s Commercial Litigation, Compliance, Investigations, & White Collar and Insurance Fraud Practice Groups, Max handles all aspects of complex affirmative, commercial, labor, and employment litigation in federal and state courts.
Max prosecutes affirmative actions to recover insurer claim payments to physicians, medical clinics, attorneys, public adjusters, and others involved in complex, large scale insurance fraud schemes. He also counsels automobile, property, and life insurers on claims-handling practices and investigation techniques, and works with them to develop fraud prevention, detection, and recovery plans.
In addition, Max represents insurers in the defense of litigation challenging claims-handling practices.
He represents clients in federal and state litigation, arbitration, mediation, and administrative proceedings in matters relating to collective bargaining, work-place employment practices (including discrimination and sexual harassment), reductions in-force and other restructurings, employment policies and procedures, employee discipline and discharge, employment agreements, restrictive covenants, and wage and hour practices.
The decisions he has obtained include:
- New York Diagnostic Med. Care, P.C. v. GEICO Cas. Ins. Co., No. 650766/2013 (Sup. Ct. N.Y. Co. 2014) (dismissing suit challenging insurer’s use of medical peer reviews to deny no-fault claims for MRI studies)
- Eric M. Berman, P.C. v. City of New York, 2012 U.S. Dist. LEXIS 143313 (E.D.N.Y. 2012) (on motion for summary judgment, striking down critical sections of New York City debt collection law, which purported to regulate the activities of debt collection attorneys)
- Servedio v. State Farm Ins. Co., 2012 U.S. Dist. LEXIS 127383 (E.D.N.Y. 2012) (on motion for reconsideration, fully dismissing plaintiff’s claims regarding allegedly-deceptive insurance policy language)
- 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)
- Allstate Ins. Co. v. Etienne, 2010 U.S. Dist. LEXIS 113995 (E.D.N.Y. 2010) (denying motion to dismiss civil RICO and common law fraud claims brought by insurer against alleged insurance fraud ring)
- Vallejo v. Four Seasons Solar Prods., 2011 U.S. Dist. LEXIS 32192 (E.D.N.Y. 2011) (granting summary judgment to employer on state and federal discrimination claims)
- Malone v. New York Pressman’s Union No. 2, 2011 U.S. Dist. LEXIS 58247 (S.D.N.Y. 2011) (dismissing federal employment discrimination claims)
- Hardy v. Nat’l Ass’n of Ins. Comm”rs, 2011 U.S. Dist. LEXIS 75078 (S.D.N.Y. 2011) (dismissing federal racketeering claims)
- MDJ Medical, P.C. v. Hertz Rent-A-Car, No. 000775-2011 (Sup. Ct. Nassau Co.) (dismissing $5,000,000 in tort claims brought by medical professional corporation against automobile insurers).
Max has published several articles on civil RICO pleading requirements and on privacy issues in the context of insurer record retention requirements.
While at the Benjamin N. Cardozo School of Law, Max was awarded the Jacob Burns Medal for Outstanding Contribution to the Law School, as well as a Revson Foundation Public Interest Fellowship, which he applied toward a civil practice internship with the Legal Aid Society of New York.
Before law school, Max worked for several years in corporate communications, as a press officer and speechwriter at the Consulate General of Israel in New York, and as the corporate spokesperson for a publicly-traded biopharmaceuticals company.
926 RXR Plaza
Uniondale, NY 11556-0926
New YorkCourt Admissions
United States District Courts for the Eastern District of New YorkBar Affiliations
New York State Bar AssociationEducation
Benjamin N. Cardozo School of Law, Juris Doctor
The University of Georgia, A.B., Political Science