Successfully tried to verdict Certain Underwriters at Lloyd’s London et al. v. National Railroad Passenger Corp. (“Amtrak”), et. al., in New York federal court, representing Amtrak against a declaratory judgment action filed by London Market insurers that had denied coverage for employee injury claims and environmental liabilities. Won eight figure jury verdict from trial of initial test environmental site and settlements followed.

Represented national medical provider seeking Representations and Warranty coverage for breach of representations and warranties in sale agreement by sellers. Achieved resolution of the coverage claim without resorting to litigation or arbitration.

Drafted the appellate briefs in McCauley v. First Unum Life Insurance Co., which resulted in a landmark decision from the Second Circuit regarding disability coverage that completely reversed the trial court’s decision and remanded the case for a damages determination.

Represented amicus curiae before the Maryland Court of Appeals in an insurance company challenge to state law requiring insurance companies to demonstrate prejudice if they deny coverage based on late notice. The Court of Appeals rejected the insurance company’s arguments and found no prejudice, despite a multi-year delay by the policyholder in giving notice. National Union Fire Insurance Co. of Pittsburgh PA. v. Fund for Animals.

Represented the United States in Millennium Marketing Group, LLC v. United States involving allegedly unauthorized disclosures of the tax return information of a welfare benefits plan which claimed that it suffered nearly $50 million in damages. Obtained summary judgment in favor of the United States, dismissing all claims.

Represented social media platform in seeking injunction to prevent trademark infringement by a competitor regarding online use of trademarks. Successfully resolved case by settlement shortly prior to preliminary injunction hearing.

Represented Colgate-Palmolive before the Pennsylvania Department of Insurance regarding its insurance company’s sale of long-tail claims to an offshore “run off” insurance company. Testified at hearing before the Department on behalf of policyholders.

Represented Interstate Hotel Management in multi-party, multi-insurance company dispute involving indemnity, additional insurance, and insurance coverage disputes. Successfully resolved the coverage issues via mediation at the same time the underlying liabilities were resolved.

Represented the policyholder in National Railroad Passenger Corp. (“Amtrak”) v. Arch Specialty Ins. Co. et al., in New York federal court seeking coverage for first-party property losses following Superstorm Sandy. Reached resolution by settlement with the primary layer of insurance companies in less than a year after filing suit and litigated with excess insurance companies on appeal.

Represented the plaintiff in Kozlowski v. Corporate Officers and Directors Assurance Ltd. in a London arbitration proceeding filed pursuant to provisions in D&O policies issued in Bermuda. Insurance coverage was sought for the corporate conglomerate Tyco International, Ltd.

Represented plaintiff in Nissenbaum v. AXA Equitable Life Ins. Co. (N.Y. Supreme) in litigation seeking enforcement of defendant’s insurance coverage obligations when it reversed its coverage position. Obtained a ruling that a claim for bad faith against the insurance company survived summary judgment and could be tried by a jury.

Represented publishing company in arbitration against its business partner in publishing professional continuing education materials. Arbitrator found the business partner had engaged in a bad faith breach of contract under District of Columbia law and awarded complete relief to the publisher.

Represented the defendant in Aetna Life Insurance Company v. Esselte Corporation in New York federal court which resulted in a jury verdict in favor of Esselte, an employer that was sued by the administrator (TPA) and insurer of its self-funded benefits plan over the payment of medical claims. Among other things, the jury required the plaintiffs to pay Esselte’s attorneys’ fees.

Represented the United States, as lead counsel, in CLIPT, LLC v. United States in a tax shelter litigation involving TEFRA and so-called DAD transactions, Son of BOSS transactions, and REPO transactions that were engaged in over the course of a six-year period. Case resolved by settlement.

Represented the United States, as lead counsel, in United States v. Crissman, which involved claims to property subject to a mortgage that had been traded as part of a mortgage portfolio and was serviced by a mortgage servicing company. Obtained summary judgment in favor of the United States.

Represented the plaintiff in NetRatings, Inc. v. National Union Fire Insurance Co., which resulted in a settlement prior to the taking of any depositions. The plaintiff sought insurance coverage for patent infringement claims that had been brought against it based on its use of certain computer software and business methods.

Represented the defendant in The O Zon Inc. v. Charles, which resulted in the dismissal of all claims against the defendant after the defendant filed a single motion. The plaintiff had filed a complaint alleging claims under the Lanham Act, common law unfair competition and common law breach of contract all of which related to purported trade secrets claimed by the plaintiff.

Represented the plaintiff in Symbollon Pharmaceuticals v. Rogan, which resulted in a decision on summary judgment. The U.S. Patent Office had denied the plaintiff the priority date claimed in plaintiff’s PCT patent application allegedly based upon an error in the plaintiff’s application. Obtained reversal of that denial prior to discovery.

Represented the United States, as lead counsel, in United States v. Rocky Mountain Holdings, Inc. through trial and post-trial arguments regarding constructive fraud.

Represented the United States, as lead counsel, in numerous cases involving employment withholding tax liabilities, such as: United States v. McCloskey (W.D. Pa.) – summary judgment in favor of the United States, finding the corporate officer liable for the tax liabilities despite that his bookkeeper had embezzled the funds; and United States v. Grello, (D.N.J.) – finding corporate officer personally liable and that he had engaged in subsequent fraudulent transfer subject to tax liens.

Represented the United States in Estate of Robert Bowen v. United States (D. Md.), denying estate’s over $1 million income tax refund claim, which had been based on the decedent’s purported yacht business. All of the claimed tax reductions were rejected by the court.

Represented the plaintiff in Phaedra Partners Ltd. v. The Travelers Property Casualty Corp., which was settled just after the plaintiff filed its summary judgment motion. The plaintiff sought insurance coverage for business income and business interruption losses arising out of damage to several of its properties.