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Lazare Potter Giacovas & Moyle LLP is pleased to announce that five of its partners have been recognized as top New York lawyers in their fields. Stephen M. Lazare, David E. Potter, Robert A. Giacovas, James F. Moyle and Yale Glazer have been named as New York Metro Super Lawyers. Attorneys are selected to Super Lawyers based upon peer nominations, independent research and detailed evaluations. LPGM provides business litigation, corporate and advisory services to companies, corporate boards and officers, and individuals.
In a case handled by LPGM Partner David Potter, the Second Circuit affirmed a decision from the Southern District of New York in Aegean Bunkering (USA) LLC v. M/T Amazon et al., No. 16-4065, granting summary judgment to LPGM client ING Bank N.V. and its co-defendants. ING Bank was the Security Agent under a $700,000,000 Multicurrency Revolving Borrowing Base Facilities Agreement and Security Agreement with O.W. Bunker Group, the world’s largest bunker fuel supplier at the time. When OW Bunker went into insolvency, ING Bank sought to enforce its security interest in an OW Bunker receivable for bunker fuel and the subcontractor physical supplier of the fuel arrested the vessel to enforce its alleged maritime lien on the same debt. The vessel owner commenced an interpleader action and deposited the disputed funds into court. In affirming judgment for ING Bank and its co-defendants, the Second Circuit held that the physical supplier was not entitled to a maritime lien because it did not supply the fuel “on the order of the owner or a person authorized by the owner.” A copy of the Summary Order can be found here.
LPGM Partner Johannes Gabël published an article entitled M&A under President Trump for the July Issue of the Journal for German and American Law (ZDAR) of the German-American Lawyers Association. The full article can be viewed here.
LPGM attorneys David Potter and Jaipat Jain obtained a preliminary injunction for an LPGM client in United States District Court in Minnesota that foiled an attempted corporate coup. After the owner of two wholly-owned subsidiaries advised the CEO of those two companies that he was being replaced, the CEO refused to leave and purported to remove the other two directors in each company. Upon LPGM’s motion, the Court enjoined the CEO from representing himself as an owner, director, officer, employee, or agent of the companies. A copy of the Court’s decision is available here.
In an insurance coverage matter successfully handled by LPGM Partner Yale Glazer, the Second Circuit broadly applied a two-year suit limitation period in a first-party property policy to run from the date on which the physical loss occurred. The Court rejected the insured’s argument that the provision – which, by its terms, was triggered as of “the date on which physical loss or damage occurred” – should be applied differently to a demand for lost business income. In finding for LPGM’s insurer client, the Second Circuit held that the provision was “reasonable and therefore enforceable against” the insured.
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LPGM’s defense of a mutual fund, its adviser and senior officers in a $600 million securities class action was featured in a June 7, 2018 Law 360 article. LPGM partners James F. Moyle and Robert Giacovas have extensive experience representing parties in securities litigation, arbitrations and regulatory matters. The full article is featured here.
Jaipat Jain was a featured panelist on the regulatory aspects of Initial Coin Offerings at the LegalEra Conference held in New York City on May 24-25.
The coverage lawsuit at issue followed an underlying negligence action brought against a general contractor, a subcontractor and others. The general contractor sought additional insured coverage under the subcontractor’s policy. That policy included an additional insured endorsement which stated that i) “[t]he person or organization [required to be included as an additional insured, [i.e., the general contractor] does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization”; and ii) “[t]he person or organization is only an additional insured with respect to liability caused by ‘your work’ [i.e., the subcontractor’s work] for that additional insured.” The trial court held that the insurer had a duty to defend because the underlying action alleged that the subcontractor – its named insured — caused the accident.
The First Department unanimously reversed, finding that the insurer had no duty to defend or indemnify the general contractor. The Court specifically found that a duty to defend was not triggered by the underlying negligence claims asserted against the named insured. As the Court concluded, the endorsement only covers an additional insured’s vicarious liability and, since no such claim was alleged against the general contractor, there is no coverage.
Jaipat Jain on May 10 chaired and served as faculty for a 3-hour continuing legal education program on Blockchain for Lawyers. The CLE was heavily subscribed and covered not only the regulation of cryptocurrencies and Initial Coin Offerings and class action lawsuits, but also the building blocks of the technology behind bitcoin and smart contracts.
For complete details, click here.
LPGM is pleased to announce that four of its Partners are included in the 2017 edition of the New York (Metro) Super Lawyers Magazine: Robert Giacovas (SuperLawyer 2013-2017), Yale Glazer (SuperLawyer 2013-2017), Stephen M. Lazare (Super Lawyer 2016-2017) and James F. Moyle (SuperLawyer 2013-2017).
The methodology for selection includes independent research, peer nominations and peer evaluations. No more than five percent of the attorneys in a jurisdiction are chosen as Super Lawyers each year.
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Lainie Cohen has recently been elected to serve as the National Delegate for the Southern District of New York Chapter of the Federal Bar Association for the upcoming year. She will be sworn in along with the other newly-elected officers in a ceremony at the Daniel P. Moynihan United States Courthouse, Courtroom 24A, on Wednesday, October 18th at 5:30 pm. Ms. Cohen has been serving as the SDNY Chapter’s Membership Chair since January, and is also a member of the fundraising and planning committees for next year’s Annual Meeting and Convention to be held here in New York City. She is honored to represent the SDNY Chapter as its new National Delegate.
On October 12 at a Great Hall event held at the New York City Bar, Jaipat Jain joined John S. Kiernan, President of the City Bar, Hon. Delissa A. Ridgway, Judge, U.S. Court of International Trade, Prof. Martin Flaherty, Chair of the Bar’s Council on International Affairs, and Francesca Ciarrocchi, attorney, in addressing LL.M. students and foreign law graduates on practicing law in New York. Jaipat’s address can be heard here (click file below).
In August 2017, litigation partner James F. Moyle was quoted in a Miami Herald article titled “Why you can’t (legally) buy a Big Mac in El Salvador.” The article discusses the efforts of a former McDonald’s franchisee, over more than two decades, to hold McDonald’s responsible for damages to his business. Despite winning a $23.9 million judgment in 2005 the former franchisee has been blocked by the McDonald’s litigation machine from collecting any of the award. In the meantime, McDonald’s is prohibited from using 56 trademarks in El Salvador or collecting royalties and its request for a $96 billion bond was denied. LPGM represents the franchisee. For full details, click here.
In August 2017, David Potter instructed lawyers on opening statements and closing arguments in jury trials at the National Institute of Trial Advocacy Northeast Regional Program at Hofstra University. Mr. Potter has been on the NITA faculty for over 25 years.
Jaipat Jain will chair an ABA International Section teleconference on the Changing Landscape of M&A in India on September 6. The teleconference, sponsored by the India Committee and the International M&A and Joint Venture Committees, brings some of India’s top M&A lawyers in a conversation on India’s dynamic M&A space. The teleconference will cover private equity-fueled roll-ups, exits by foreign investors, consolidation among domestic players, and market and regulatory changes. Panelists are, besides Jaipat: Gautam Saha, Partner, AZB & Partners, New Delhi; Pratibha Jain, Partner, Nishith Desai & Associates, New Delhi; Upasana Rao, Partner, Trilegal, New Delhi; Suneeth Katarki, Partner, Indus Law, Bangalore; and Yashojit Mitra, Partner, Cyril Amarchand Mangaldas, Mumbai. More details here.
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LPGM Partner Jaipat Jain will moderate a New York City Bar event on Careers in Data Privacy and Cyber Law on August 8, 2017. Panelists include Lisa J. Sotto, Managing Partner, Hunton & Williams LLP New York office and chair of its global privacy and data security practice; Sylvia Khatcherian, Deputy General Counsel, Bridewater Associates LP; Harry A. Valetk, Of Counsel, Baker & McKenzie; and Christopher Reid, managing partner of Reid Law. For details, click here.
Law360’s featured article by Partner Jaipat Jain was promptly picked up by the International Association of Privacy Professionals which observed that Jaipat Jain, a member, “provides a quick and well-referenced overview of privacy developments in the United States over the course of the Trump Administration’s first 150 days. Included is an overview of Trump’s executive order regarding the Privacy Act, an extensive look at the broadband privacy rules rollback at the U.S. Federal Communications Commission, and a summary of Privacy Shield developments. He also takes notes of broadband privacy law developments in 28 U.S. states.” To view full article click here.
Lazare Potter & Giacovas is pleased to announce the expansion of the firm’s Litigation and Corporate practice groups with the addition of partners James F. Moyle and Johannes K. Gäbel. The firm has also changed its name to Lazare Potter Giacovas & Moyle LLP. For more information, click here.
Partner and Insurance Group Chair Steve Lazare will be a panelist at the New York State Bar Association’s May 19, 2017 CLE Program “Updates and Hot Trending Topics Affecting Insurance Coverage.” The program takes place on May 19, 2017 at the NYSBA offices in Albany, New York. Mr. Lazare’s topic will be “Preparing An Effective Position Letter And Understanding The Corollaries.”
David Potter was an adjunct faculty member for the Hofstra University Law School Trial Techniques course in February 2017. He taught direct and cross-examination in jury trials to second and third year law students. Mr. Potter has participated in the trial techniques course as an adjunct instructor for over 20 years.
LPG Partner Robert Giacovas served as a panelist on the Second Annual Judith S. Kaye Arbitration Competition. The multi-day event was sponsored by the American Arbitration Association and the New York State Bar Association and held at the American Arbitration Association’s and New York International Arbitration Center’s 42nd Street location. Teams of law students from throughout the Metropolitan Area demonstrated their skills before leading arbitrators by advocating their cases in the context of a complex hypothetical fact pattern. Mr. Giacovas drew upon his years of experience in securities and other commercial arbitrations to assist the students with developing strategies.
Marci Kokalas and Rippi Gill jointly published an article entitled Priority of Coverage in the Additional Insured Context: Pecker and its Progeny in the Fall 2016 edition of the American Bar Association’s The Brief- Tort Trial & Insurance Practice Section. A copy of the full article is featured here.
LPG Partner Jaipat Jain will be the keynote speaker at the special joint Bangalore KnowledgeNet Chapter meeting with the Advance Centre on Research, Development & Training in Cyber Law and Cyber Forensics, National Law School of India University, Bangalore on September 24, 2016. For registration information please click here.
Jaipat Jain will be speaking on privacy and data security issues at the Privacy Conference in Bengaluru, India on Sept. 23. The conference is jointly organized by the Indian National Bar Association and the International Association of Privacy Professionals. More details are available here.
LPG Partner Marci Kokalas will be co-chairing a CLE Program at the NYC Bar Association entitled “Social Media and the Practice of Law: Ethical Implications and a How-To Guide for Twitter and Linked In.” The Program will be held on September 15, 2016 and the Agenda may be accessed here.
LPG Senior Associate Rippi Gill was profiled in a NY Law Journal Article on current Bar Association Presidents. A copy of the article is featured here.
Rippi Gill presented at the New York State Bar Association’s Insurance Coverage 2016 Seminar: Recent Cases, Hot Issues and Advanced Topics in New York, New York. Her topic addressed recent developments and select topics in first-party homeowners’ insurance. The companion article entitled “Select Topics in First-Party Homeowners’ Insurance” can be accessed here.
LPG Partner Jaipat Singh Jain appeared before a two-judge panel, including the Chief Justice of India, at the Supreme Court of India on February 22, 2016. Mr. Jain had sought special leave of India’s highest court to appeal on constitutional law grounds a judgment of the highest court of the state of Rajasthan. The Supreme Court admitted the petition following the hearing. A copy of the Order of the Court can be accessed here.
Jaipat Jain chaired a panel discussion on Major Trends in Mergers and Acquisitions in the United States at the SILF-ABA India-U.S. Conference which was held from February 17-19 in New Delhi. Other panelists included Krishna Veeraraghavan, Partner at Sullivan & Cromwell LLP, New York, and Jay Finkelstein, Partner at DLA Piper LLP, DC. A copy of his presentation can be accessed here. Separately, Mr. Jain was also a panelist at the conference on a session of Liberalization of Legal Services in India along with India’s Law Secretary and representatives of the U.S. and Indian bar.
The Coalition of Women’s Initiatives in Law- New York Chapter is a non-profit membership association bringing together women’s initiatives in law firms and companies of all sizes across the New York area. The Coalition connects women lawyers in an effort to support their career advancement through networking, professional development, and community outreach activities, and to help fuel the continued growth of women’s initiatives. LPG Attorneys Marci Goldstein Kokalas and Rippi Gill have been elected to the Coalition’s Board. Marci will serve as Co-Chair of the Coalition’s In-House Committee, and Rippi will serve on the Coalition’s Board of Directors.
Marci Goldstein Kokalas and Rippi Gill presented at the American Bar Association 2016 Insurance Coverage Litigation Committee’s Mid-Year meeting in Phoenix, Arizona. Their panel, entitled “THAT”S REPUGNANT- ADDITIONAL INSURED ENDORSEMENTS AND PRIORITY OF COVERAGE,” addressed the interplay between additional insured endorsements, other insurance clauses and priority of coverage debates. The companion article can be accessed via this link TIPS Article .
LPG Senior Associate Rippi Gill has been elected the President of the South Asian Bar Association of New York (SABANY) for the 2016-2017 Term. SABANY is a voluntary and diverse bar association dedicated to the needs, concerns and interests of lawyers of South Asian heritage, and committed to promoting the professional development of the South Asian legal community through networking, advocacy and mentorship.
LPG Partner Robert Giacovas and LPG Associate Courtney Lanzalotto prevailed on an appeal before the United States Court of Appeals, Second Circuit on behalf of a client that provides community development financial services and is wholly owned by a federally recognized Indian Tribe. The Second Circuit affirmed the District Court’s dismissal of a complaint seeking recovery under a limited recourse promissory note alleging causes of action for default, breach of contract, a breach of the covenant of good faith and fair dealing, and securities fraud.
LPG partner Jaipat Jain is an invited speaker on Conflict of Laws in Data Protection at the ITechLaw International Conference to be held in Bangalore, India from January 27-29, 2016. Click here for a copy of his presentation.
LPG Senior Associate Rippi Gill was recently interviewed by Lavina Melwani based on her perspective as President-elect of the South-Asian Bar Association of New York (SABANY) on the subject of Indian Women in the U.S. Legal System . A copy of the feature is available here .
LPG Associate Rippi Gill spoke at the National Association of Asian American Professionals-New York’s Talk Tuesday focusing on the Legal Industry, discussing current legal topics, mentorship, sponsorship and law firm trends.
LPG Partner David Potter obtained a defense verdict in the Federal District Court in New York on behalf of a large commodities brokerage firm. Plaintiff, who was terminated on the day she returned from a medical leave, alleged disability-related discrimination against her employer and demanded damages in excess of $1.5 million. At trial, Mr. Potter convinced the jury that plaintiff was laid off as part of a downsizing program, and not as a result of any discriminatory conduct.
LPG Associate Rippi Gill authored Making it Rain- Practical Tips from Those Who Do: Sherri Sharma for the June 13, 2014 edition of the ABA’s “Law Practice Today.” Ms. Gill interviewed Sherri Sharma of Aronson Mayefksy & Sloan, LLP for the piece.
Marci Goldstein-Kokalas and Rippi Gill have been selected as junior editors for the CGL Reporter. The CGL Reporter identifies the 200 most important CGL-related coverage decisions handed down each year in key states, and provides concise and insightful commentary on each case and its implications. Prominent coverage litigation experts (members of the ABA’s Tort Trial & Insurance Practice Section) summarize the most important recent cases, from the appellate level or higher, in their respective areas of expertise. Whether the litigation focuses on additional insured or intellectual property issues, the CGL Reporter offers the insight of the nation’s best coverage attorneys at your fingertips. Ms. Goldstein-Kokalas’s practice area will focus on construction for the insurer, while Ms. Gill’s practice area will focus on property for the insurer.
LPG Partner Jaipat S. Jain has been invited to speak at the annual conference of the Inter-Pacific Bar Association to be held in Vancouver, British Columbia, Canada from May 8 through 11, 2014. Mr. Jain will be speaking on May 11 on cross-border investments in real estate.
Marci Goldstein Kokalas will be speaking at the New York State Bar Association’s CLE Program entitled “Advanced Insurance Coverage: Emerging Issues, Developments and Strategy” on Friday, May 2, 2014. The Program will take place at the Sheraton Syracuse University Hotel from 9:00 a.m. – 4:30 p.m. with registration beginning at 8:30 a.m. For the Program Agenda, click here.
LPG Partner Jaipat S. Jain will chair the annual New York City Bar CLE on Doing Business in India. The full-day CLE on March 28 will be the second year in a row that Mr. Jain has chaired the City Bar CLE on the subject. It is sponsored by the U.S.-India Business Council, the U.S. Chamber of Commerce (Global Intellectual Property Center), the ABA International Section, and the South Asian Bar Association of New York. Details about the CLE are available on the City Bar’s website.
LPG Partner Marci Goldstein Kokalas will be speaking at the American Bar Association’s 22nd Annual TIPS Insurance Coverage conference entitled “Quenching a Thirst for Coverage.” Ms. Kokalas will be running a discussion session on Excess Policy Drop Down and Erosion (or Exhaustion) of Underlying Limits on February 21, 2014. For Program details, click here.
David Potter taught trial tactics at the National Institute of Trial Advocacy Northeast Regional Program at Hofstra University in August 2013.The subject matter was opening statements and closing arguments in jury trials.Mr. Potter has been on the NITA faculty for over 20 years.
On May 10, 2013 Lazare Potter & Gicovas LLP relocated their office to brand new space at 875 Third Avenue on the 28th Floor.
David Potter presented a lecture entitled Employment Practices and Social Media for the New York State Bar Association Advanced Insurance Practice 2013 Program in New York City on May 2, 2013.
LPG Partner Jaipat Jain spoke at the Inter-Pacific Bar Association annual conference in Seoul on April 23, 2013, on Dealing with Corruption Issues under the U.S. Foreign Corrupt Practices Act.
The New York City Bar Center held a one-day CLE on Doing Business in India chaired by LPG Partner Jaipat Jain. Jaipat is the chair of the Asian Affairs Committee of the City Bar and is actively engaged in representing clients in cross border transactions. The CLE is cosponsored by the American Bar Association International Section, the South Asian Bar Association and the US-India Business Council. Nine distinguished speakers, including four from India, will be sharing their insights and providing practice pointers at the CLE. For more details, please click here.
LPG Partner Jaipat Jain has been appointed vice-chair of the Cross-Border Investment Committee of the Inter-Pacific Bar Association. Jaipat represents clients in cross-border transactions.