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Profile Visibility  | | #388 in weekly profile views out of 12,270 lawyers in Boston, Massachusetts | | #21,820 in weekly profile views out of 958,293 total lawyers Overall |
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| Practice Areas | Professional Liability Defense(5%); Insurance Coverage Defense(35%); Legal Malpractice Defense(50%); Agents and Brokers Errors and Omissions Liability(4%); Accountants Liability(3%); Securities Arbitration(3%) | | | Education | Boston College Law School, J.D., magna cum laude, 1985, University of Vermont, B.A., Political Science/Philosophy, cum laude, 1981 | | | Admitted | 1985, Massachusetts; 1986, U.S. District Court, District of Massachusetts and U.S. Court of Appeals, First Circuit; 1990, U.S. Bankruptcy Court, District of Massachusetts; 1998, U.S. Court of Appeals, Second Circuit; 2003, Rhode Island; 2006, U.S. District Court, District of Rhode Island | |
| Memberships | Rhode Island (Member, Insurance Committee and Ethics and Professionalism Committee) and American (Member: Tort Trial and Insurance Practice Section; Litigation Section; Professionals', Officer's and Director's Liability Committee; Chair, 2001-2002) Bar Associations; Professional Liability Underwriting Society (Member, Steering Committee, 1996-2003; Member, Communications Committee). | | | Born | Tarrytown, New York, April 15, 1959 | | | Biography | Order of the Coif. Associate Editor, Massachusetts Law Review, 1989-1992. Presentations: "Handling Other People's Funds: The Current Rules, Best Practices and the Consequences for Not Following Them," Rhode Island Bar Association Annual Meeting, Providence, Rhode Island, June 2009; "Insurance Law - Prior Knowledge and Additional Negligence Claims," Legal Malpractice and Risk Management Conference, Chicago, Illinois, March 2009; "Avoiding Pitfalls in Real Estate Transactions," Rhode Island Bar Association, Providence and Middletown, Rhode Island, February 2009; "Managing Your Law Firm Part Two - Law Practice Management Series," Rhode Island Bar Association, Providence, Rhode Island, December 2008; "Fraud Prevention and the Rules of Professional Conduct in Real Estate Transactions," Stewart Title Insurance and Bank of America, Warwick, Rhode Island, October 2008; "Placing Blame: the Effect of Adverse Economic Conditions on Liability Claims - Subprime and Beyond - Who Will Get Sued and for What?" Hinshaw & Culbertson 2008 Insurance Services Symposium; "The Industry Responds to the Economic Storm," Chicago, Illinois, October 2008; "Legal Malpractice Claims and the Risk Management Lessons We Can Learn from Them," Rhode Island Bar Association Annual Meeting, Providence, Rhode Island, June 2008; "The Art of Risk Management for Lawyers Representing Lawyers," American Bar Association, National Legal Malpractice Conference, Boston, Massachusetts, April 2008; "Aiding and Abetting a Breach of Fiduciary Duty," Boston Bar Association, February 2008; "Legal Malpractice & Risk Management," American Bar Association and City Bar of New York, New York, NY, December 2007; "Insurance Coverage Litigation," National Business Institute, Warwick, Rhode Island, December 2007; "Privilege, Estoppel, Judgmental Immunity and Other Special Defenses," Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2007; "How to Present Your Case at Trial," National Business Institute, "Building Your Civil Trial Skills," Providence, Rhode Island, February 2007; "How to Get the Help of Technology and Avoid the Hurt of Malpractice," (with Mark Bassingthwaighte), American Bar Association, National Legal Malpractice Conference, Chicago, Illinois, September 2006; "Understanding Your Legal Malpractice Policy," Rhode Island Bar Association Annual Meeting, Providence, Rhode Island, June 2006 and June 2005. Author: "Federal Court Orders Professional Liability Insurer to Defend Lawyer in Sanctions Motion," American Bar Association's lpl eAdvisory, February 2009; "Other People's Money: A Lawyer's Obligation to Safeguard Property Belonging to Others," The Quarter Hour®, Volume IV, 2008; "New York Federal Court Adopts Objective Test in 'Prior Knowledge' Case, But Uses Subjective Factors," American Bar Association's lpl eAdvisory, May 2009; "Important Decisions You Need to Make When Purchasing a Legal Malpractice Policy," The Quarter Hour®, Volume III, 2008; "New Jersey Ethics Panel Strikes Down Provisions of Restrictive Covenant for Departing In-House Counsel," American Bar Association's "lpl eAdvisory," September 2006; "Can You Keep a Secret? The Ethical and Practical Issues of Confidential Settlement Agreements," The Quarterly Hour®, Volume II, 2006; "Claim that Law Firm Employee's Negligence Assisted Partner in Committing Fraud is Excluded by the Firm's Insurance Policy and No Innocent Insured Protection Applies," American Bar Association's "lpl eAdvisory," July 2006; "Anti-SLAPP Statutes: A Defense for Lawyers in Liability Cases," Professional Liability Underwriting Society (PLUS) Journal, February 2006; "Retaining and Producing Client Files," Rhode Island Bar Association Ethics Seminars, Middletown and Providence, Rhode Island, May 2005; "When is a 'Demand for Services' Enough to Trigger Coverage Under a Claims-Made Policy," PLUS Journal, April 2005; "Starting an Attorney-Client Relationship: Know When the Relationship has Begun and the Scope of Your Representation," Massachusetts Academy of Trial Attorneys Journal, Fall 2003/Winter 2004; "Must an Insurer Disclose Reserve Information to Insurers and Other Carriers?" (with Kenneth Coffin and Kevin Cavaliere), Professional Liability Underwriting Society (PLUS) Journal, April 2004; "The Duty to Defend Uncovered Claims-What an Insurer Can do to Recover the Defense Costs, " PLUS Journal, November 2003; "Defending Under a Reservation of Rights: How Much Does the Insurer Have to Pay When the Insured Selects its Own Counsel," PLUS Journal, June 2003; "Reporting Requirements for Legal Malpractice Policies," (with Paul Clauss), Massachusetts Lawyers Weekly, December 23, 2002; "Coverage for 'Related Claims' Reported After the End of a Claims Made Policy," PLUS Journal, November 2002; "Border Crossings by Lawyers: You May be in Hostile Territory," Lawyer to Lawyer, July 2002 (ed. XVIII); "Suing The Mouthpiece: Speaking for Your Clients Comes with Risk", LPL Advisory, ABA Standing Committee on Lawyers Professional Liability, Spring 2002; "Notice and Tender of Defense Under Claims Made Policies - Who Can Give Notice and Does Notice Alone Serve as a Tender of the Defense," PLUS Journal, February 2002; "Suing Opposing Counsel for Bad Behavior During Litigation," PLUS Journal, November 2001; "Legal Malpractice By Insurance Defense Counsel: Who Can Be Sued, Who Can Sue, and for What," PLUS Journal, November 2000; "How Much Protection is Afforded to 'Innocent Insureds' under LPL Policies?," (with Damiano Servidio), PLUS Journal, May 2000; "What is Really Excluded by the Intentional Acts Exclusion," (with Damiano Servidio), PLUS Journal, November 1999; "What's In The Cards? - Absent Case Law, Counsel Clients Carefully to Avoid a Malpractice Suit," American Bar Association Journal, November 1999; "It's Just My Opinion-Protect Yourself When Opining on an Issue Where there is no Presidential Authority," LPL Update, ABA Standing Committee on Lawyers' Professional Liability, Fall 1999; "Reasons to Avoid Business Transactions With Clients," Paper Trail, Safeco Insurance Company, Volume 6, Issues 3 and 4, Summer 1999; "My Brethren's Keeper - Professional Liability by Association," Executive Risk Lawyer to Lawyer Publication, April 1999; "The Theory and Practice Behind the Business Pursuits Exclusion," (with Mark Wade), PLUS Journal, March 1999; "The Unauthorized Practice of Law in Another Jurisdiction - The Risk and Risk Prevention," LegalView - A Lawyers Professional Liability Report, CNA Insurance Company, Spring 1999; "Not Everything a Professional Does is Covered as 'Professional Services'," (with Mark Wade), PLUS Journal, November 1998; "Key Issues in Rescission Actions Where the Insured Fails to Disclose a Potential Claim," (with Mark Wade), PLUS Journal, July 1998; "Employees Who Fraudulently Increase Their Compensation - The Salaries and Commissions Exception to the Definition of Dishonesty Under Employee Dishonesty Bonds," Fidelity and Surety Law Committee of the ABA, Spring/Summer 1998 Newsletter; "Can an Insurer Really Avoid Coverage for a Claim that is also Covered by a Prior Policy? - Some Courts will not Enforce Clauses that Attempt to Pass the Loss Off to a Prior Insurer," (with Mark Wade), PLUS Journal, February 1998; "Fresh Start For The Professional, Officer and Director: Defenses Under The Bankruptcy Laws in Liability Cases," Newsletter of the Professionals, Officers and Directors Liability Committee, Winter 1998; "Determining Deductibles Policy Limits and Coverage for Related Claims," PLUS, News and Views, June 1997; "Watch Your Back on Referrals - Check Out the Other Attorney First Then Put the Arrangement in Writing," American Bar Association Journal, Vol. 83, May 1997; "The Buck Stops Where? - It's Bad Business to Hide Potential Malpractice Claims from Insurers," American Bar Association Journal, Vol. 83, January 1997. Research and Writing Instructor, Boston University Law School, 1988-1989; Law Clerk to the Justices of the Massachusetts Superior Court, 1985-1986; Assistant District Attorney, Essex County, Massachusetts, 1986-1989.(Also at Providence, Rhode Island Office) | | | Reported Cases | Gathuru v. Credit Control Services, _ F.Supp. 2d _, 2009 WL 1606522 (D. Mass. 2009); Gargano v. Liberty International Underwriters, 575 F.Supp. 2d 300 (D. Mass. 2008); Roberts v. Crowley, 538 F.Supp. 2d 413 (D. Mass. 2008); Arruda v. Sears, Roebuck & Co., 310 F.3d 13 (1st Cir. 2002); In re: Perrone, 284 B.R. 315 (Bankr. D. Mass. 2002); Ross v. Home Ins. Co., 146 N.H. 468, 773 A.2d 654 (2001); Home Ins. Co. v. St. Paul Fire & Marine Ins. Co., 229 F.3d 56 (1st Cir.2000); Bianco Professional Ass'n v. Home Ins. Co., 144 N.H. 288, 740 A.2d 1051 (1999); Washington Elec. Co-op., Inc. v. Massachusetts Mun. Wholesale Elec. Co., 894 F.Supp. 777 (D.Vt.1995); Boston Co. Real Estate Counsel, Inc. v. Home Ins. Co., Inc., 887 F.Supp. 369 (D.Mass.1995); Cambridge Trust Co. v. Commercial Union, 32 Mass. App. Ct. 561, 591 N.E. 2d 1117 (1992). | | | ISLN | 906846092 | |
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