Recent News - Professional Liability


DiGennaro Speaker at NYSBA’s Risk Management Program
October 5, 2018 | Professional Liability
Janice DiGennaro will be a speaker at the New York State Bar Association’s Risk Management 2018. 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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Bruno Secures a Pre-Answer Dismissal of a Third-Party Claim
October 2, 2018 | Professional Liability
Jon Bruno secured a pre-answer dismissal of a third-party complaint in the Southern District of New York.  Our client represented the plaintiff in a lawsuit concerning his daughter, and the defendant/third-party plaintiff represented the same plaintiff in various claims against his former employer.  The client participated in several telephone conferences with plaintiff and the third-party …
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Robertelli Obtains Second Summary Judgment for Home Elevation Company
September 24, 2018 | Professional Liability
John Robertelli obtained a second dismissal of all negligence claims with prejudice made against a Home Elevation Company related to a dispute over work performed pursuant to a contract after the home was damaged by Superstorm Sandy. All claims for negligent workmanship were dismissed by the Honorable Daniel L. Weiss J.S.C. in Monmouth County who …
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Rivkin Radler Attorneys Named 2018 New York Metro Super Lawyers
September 13, 2018 | Insurance Coverage | Health Services | Professional Liability | Real Estate, Zoning & Land Use | Compliance Investigations & White Collar | Appeals | Bankruptcy | Commercial Litigation | Construction | Employment & Labor
Rivkin Radler LLP is pleased to announce that 22 attorneys were named to the 2018 New York Metro Super Lawyers List and 11 attorneys were named New York Metro Rising Stars. *Brian Bank – Business Litigation Todd M. Belous – Professional Liability: Defense *Michelle Bholan – Business Litigation Merril Biscone – Appellate Jonathan B. Bruno …
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Rivkin Radler Welcomes New Associate
September 6, 2018 | Professional Liability | Directors & Officers Liability | Employment & Labor
New York, NY – September 6, 2018 – Evan H. Krinick, Managing Partner of Rivkin Radler LLP, has announced that Cali L. Eckler has joined the firm as an Associate. Cali L. Eckler has joined the firm’s Professional Liability, Directors & Officers Liability and Employment & Labor Practice Groups. Eckler defends attorneys, engineers, architects, insurance …
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DiGennaro Secured a Pre-Answer Dismissal of Legal Malpractice Claim
August 1, 2018 | Professional Liability
Janice DiGennaro secured dismissal of a legal malpractice action in New York County Supreme Court on statute of limitations grounds despite application of the continuous representation toll.  The Court agreed that the defendants offered “undeniable evidentiary proof” that the toll ended as a matter of law more than three years before commencement of the action, …
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DiGennaro, Belous and Gurman Victorious on Summary Judgment Motion
August 1, 2018 | Professional Liability
Janice DiGennaro, Todd Belous and Amanda Gurman secured a major victory on behalf of their lawyer clients on claims of quantum meruit by another lawyer on a summary judgment motion.  Our clients prevailed on the motion despite that: the alleged legal services for which plaintiffs sought recovery spanned nine years; plaintiffs sought over $2 million; …
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Korman, DiGennaro, Lastorino and Mascia Victorious at Second Circuit Court of Appeals
August 1, 2018 | Appeals
Korman, DiGennaro, Lastorino and Mascia were victorious at the Second Circuit Court of Appeals.  In a published opinion, the Second Circuit affirmed a district court order dismissing the plaintiff’s action to recover damages under the Fair Debt Collection Practices Act (FDCPA).   The firm represented a law firm that was sued under the FDCPA for allegedly commencing …
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Riverso, Honig and Han Victorious in Real Estate Developer Court Proceeding
July 10, 2018 | Construction | Commercial Litigation | Real Estate, Zoning & Land Use
Pia Riverso, Jeremy Honig and Lawrence Han were victorious in a proceeding commenced on behalf of their real estate developer client pursuant to Article 4 of the Civil Practice Law and Rules, and Section 881 of the Real Property Actions and Proceedings Law.  The client’s development project was delayed for over 9 months due to …
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Lewis Quoted in Newsday Article on GDPR
June 18, 2018 | Privacy, Data & Cyber Law
Shari Claire Lewis was quoted in a Newsday cyber article, “New EU data privacy policy will impact some LI companies, experts say.” Lewis focused in on the fact that the General Data Protection Regulation’s (GDPR) definition of data is broader than what’s generally used in the United States, “data such as an individual’s political affiliation, religion and …
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DiGennaro Chairs NYSBA’s Ethics 2018: Legal Ethics in the Real World LI
June 4, 2018 | Professional Liability
Janice DiGennaro will be the local chair for the New York State Bar Association’s Ethics 2018: Legal Ethics in the Real World LI. Description of Program: Since the new Rules of Professional Conduct replaced the former Code of Professional Responsibility in 2009, the State Bar’s Committee on Professional Ethics has issued over 320 formal opinions. …
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Wilck and Gurman Obtain Pre-Answer Dismissal of Legal Malpractice Claim
March 28, 2018 | Professional Liability
David Wilck and Amanda Gurman prevailed on a pre-answer motion to dismiss in a legal malpractice action based on plaintiffs’ failure to allege proximately caused damages. The legal malpractice action arose out of the defendant attorneys’ representation of plaintiffs in an action to recover amounts owed to them on a loan which was secured by …
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DiGennaro and Fyman Secure Pre-Answer Dismissal
March 16, 2018 | Janice J. DiGennaro | Avigael C. Fyman | Professional Liability
In a Decision and Order dated March 7, 2018, Janice DiGennaro and Avigael Fyman secured the pre-answer dismissal of legal malpractice claims in the New York County Supreme Court against their client, an attorney who represented the purchaser of a $6.9 million luxury townhouse condominium in a converted historic police station.  The purchaser maintained that, …
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Bruno Named to Law360 Editorial Advisory Board
March 9, 2018 | Professional Liability
Jon Bruno has been selected to the editorial advisory board of Law360’s Legal Ethics Newsletter. Advisory board members are tasked with giving feedback to section editors about specific news coverage and improve the newsletter’s overall reporting. Jon will serve through 2018. …
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Lewis and Mandel Secure Summary Judgment
March 2, 2018 | Professional Liability
Shari Claire Lewis and Anna Mandel secured summary judgment dismissal of claims against the firm’s client, an attorney. The action, venued in New York State Supreme Court Nassau County, was brought by a former client of the attorney. The dispute was based on the legal fees earned in connection with the underlying multi-million dollar contract. …
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Bruno and Mandel Obtain Pre-Answer Dismissal of Complaint
February 22, 2018 | Professional Liability
Jon Bruno and Anna Mandel secured a pre-answer dismissal in the Supreme Court, New York County, of a complaint asserting a sole claim for violations of Judiciary Law Section 487 against their lawyer client.  In dismissing the action, the Court adopted the arguments Bruno and Mandel raised, rejecting plaintiff’s “novel” theory and concluding that plaintiff …
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Contino and Isaacson Secure Pre-Answer Dismissal
December 19, 2017 | Professional Liability
Peter Contino and Deborah Isaacson secured a pre-answer dismissal in the Supreme Court, Suffolk County, of multiple claims against their lawyer clients, including claims for a violation of Judiciary Law Section 487, tortious interference with a contract, abuse of process, trespass and conversion. In dismissing the action on almost every single ground asserted in our …
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Robertelli Obtains Dismissal with Prejudice of All Claims Against Leasing Company
December 18, 2017 | General Liability
John Robertelli obtained summary judgment on behalf of an equipment financing and leasing company. The dismissal was received from the Atlantic County Superior Court Judge James P. Savio J.S.C. who recognized that 49 U.S.C.A. 30106 (The Graves Act) and New Jersey case law bars any action against the leasing company based upon vicarious liability. Attached …
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Wilck and Fyman Successfully Defeat Claims Against Accountant
December 7, 2017 | David S. Wilck | Avigael C. Fyman | Professional Liability
David Wilck and Avigael Fyman obtained a successful result on behalf of their client, an accountant, in an action alleging claims for malpractice and fraud.  After the plaintiffs’ claims against their client were discontinued, Wilck and Fyman successfully opposed the co-defendants’ motion to amend their answer and bring the accountant back into the litigation via …
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DiGennaro and Lewis Obtain Pre-Answer Dismissal of Complex Claims
November 29, 2017 | Janice J. DiGennaro | Shari Claire Lewis | Professional Liability
Janice DiGennaro and Shari Lewis secured pre-answer dismissal in the Nassau County Supreme Court Commercial Division of complex claims of legal malpractice involving $70 million worth of real damages based upon alleged malpractice of predecessor lawyers in the prosecution of fraud claims.  The case was a legal malpractice within a legal malpractice within a fraud …
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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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Wilck and Han Obtain Dismissal of Complaint Against Officers of Qualified Intermediary
November 20, 2017 | David S. Wilck | Lawrence S. Han | Professional Liability
David Wilck and Lawrence Han obtained a complete dismissal of a complaint against their clients, who included a principal and officers of a company providing 1031 exchange services.  Plaintiff, who was seeking to benefit from a 1031 exchange, fell victim to a cyber-criminal and had his funds, which were held by the entity acting as …
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DiGennaro, Belous and Biscone Win Appeal on Novel Issue of Law
November 14, 2017 | Janice J. DiGennaro | Todd Belous | Merril S. Biscone | Professional Liability
Janice DiGennaro, Todd Belous and Merrill Biscone received a victory in the Appellate Division, First Department, dismissing third-party claims for contribution in a mass fraud and Judiciary Law action involving hundreds of phen-phen plaintiffs against their mass tort lawyer.  The basis for the dismissal is an issue of first impression in the state court in …
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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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DiGennaro and Fyman Obtain Dismissal of Legal Malpractice Claim
October 4, 2017 | Janice J. DiGennaro | Avigael C. Fyman | Professional Liability
Janice DiGennaro and Avigael Fyman secured dismissal of a legal malpractice claim predicated upon flawed Medicaid planning, which essentially left the elderly plaintiffs vulnerable to Medicaid clawback after one of them required nursing home care.  Despite very sympathetic plaintiffs and real errors by the attorney defendant, the Court agreed with our argument that the claims …
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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 | Professional Liability | Privacy, Data & Cyber Law
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 | Insurance Coverage | Commercial Litigation | Professional Liability
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 | Appeals | Professional Liability
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 | Insurance Coverage | Professional Liability | Privacy, Data & Cyber Law
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 | Directors & Officers Liability | Professional 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 | Employment & Labor | Directors & Officers Liability | Professional Liability
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 | Employment & Labor | Directors & Officers Liability | Professional Liability
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 | General Liability | Directors & Officers Liability | Compliance Investigations & White Collar | Professional Liability | Privacy, Data & Cyber Law | 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 | Employment & Labor | Directors & Officers Liability | Professional Liability
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 | Health Services | Directors & Officers Liability | Compliance Investigations & White Collar | Trusts & Estates | Professional Liability | Privacy, Data & Cyber Law
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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