Presentations and Publications

Tell Me Lies: Advanced Strategies for Dealing with Fraud

Fraud: An unwelcome but persistent visitor to the world of insurance.  Fraud – regardless of how and where it presents itself – is costly, time consuming, and requires a vigilant focus to detect it Dealing with fraud often requires reading between the lines in a claim or underwriting file and coming up with an innovative […]

Have we reached the end of the partnership model?

“[This decision] warrants industrywide reconsideration of how New York law firms should be organized and whether the term partner is an outdated job title that carries more pitfalls than prestige.” Last November, Schnader Harrison Segal & Lewis bankruptcy partner Paul Jasper spoke these words to the New York Law Journal in response to a decision affecting one […]

In Search of the Win-Win

Law firms and clients have become fixated in the last decade on hourly rates in efforts to increase revenue and reduce legal spend, but is this the most productive focus? Attorneys and clients often have adverse interests on hourly rates. If each instead defines their “win” in reference to their bottom lines, as opposed to […]

Reduce Legal Spend By Embracing Technology And Ethics

Law360, New York (January 16, 2014, 12:48 AM EST) – Trimming the bottom line is at the top of every legal department’s to-do list. Ideas on how to reduce legal spend have fluxed like the ocean tides. One wave reduced company personnel and hired outside counsel to obtain a net fiscal gain. Unfortunately, that wave […]

5 Tips To Avoid Bad Faith

Law360, New York (February 07, 2013, 1:06 PM ET) — Insurance companies tend to make headlines when high-dollar or high-profile claims are denied. While insurance companies often have a valid reason for a determination of no coverage, a perception exists that insurance companies do not play by the rules and unfairly deny claims. 5 Tips […]

California Court of Appeal Finds No Viable Cause of Action Against Insurer Due to Insurer’s Payment of Less Than the Full Amount Billed to Cumis Counsel

In Behnke v. State Farm Insurance Company (filed 5/ 31/11, certified for publication 6/29/11)____Cal.App.4th____; 11 C.D.O.S. 8127, the Fourth Appellate District of the California Court of Appeal held that a policyholder’s dis- pute relating to payment of Cumis counsel fees failed to state a cause of action against the insurer for fraud, breach of contract, […]

A SLAPP AGAINST FEES; Courts Are Moving Away from Mandatory Fee Awards for anti-SLAPP Motions

A SLAPP AGAINST FEES; Courts Are Moving Away from Mandatory Fee Awards for anti-SLAPP Motions

Who Is the Sole Survivor? A Corporate Successor’s Right to Insurance Coverage

In Behnke v. State Farm Insurance Company (filed 5/ 31/11, certified for publication 6/29/11)____Cal.App.4th____; 11 C.D.O.S. 8127, the Fourth Appellate District of the California Court of Appeal held that a policyholder’s dis- pute relating to payment of Cumis counsel fees failed to state a cause of action against the insurer for fraud, breach of contract, […]

JUDICIAL OVERSIGHT OF CLASS ACTION SECURITIES FRAUD SETTLEMENTS

There is an old adage that only two things in life are certain: death and taxes. Some might say that another notion can be added to that list: federal judges will not determine that plaintiffs’ class counsel has agreed to settle a securities fraud case for less than its fair value. This LEGAL BACKGROUNDER explores […]