Joseph Oliva concentrates his practice in civil and commercial litigation, insurance coverage analysis and insurance coverage litigation. He has significant experience in all areas of financial institution coverage investigations and litigation involving fraud, employee dishonesty, directors and officers liability, safe deposit box loss, embezzlement, Ponzi schemes, check kiting, ERISA fraud, and mortgage fraud matters. In addition, he also concentrates on handling subrogation work, particularly in the health care subrogation area. Joe has handled both state and federal litigation involving ERISA-based plans, Medicare advantage and general health care plans' subrogation, and reimbursement rights throughout the northeast. His practice also focuses on bad faith litigation, property damage litigation, and errors and omissions coverage investigation.
He has conducted and supervised the investigation and coverage analysis of catastrophic safe deposit box losses for underwriters of major financial institutions resulting from a rash of burglaries in the New York City area and across the country, the destruction of the World Trade Center following the terrorist attack of September 11th, the devastation of Hurricane Katrina, and Superstorm Sandy. Joe developed a strategy and procedure for analysis and reimbursement of thousands of safe deposit boxholder claims affected by these tragedies and occurrences. He has supervised a team of experts and handled all aspects of litigation resulting from these claims.
Joe represents broker-dealers in Financial Industry Regulatory Authority (FINRA) arbitrations involving securities-related claims, including those alleging breach of fiduciary duty, breach of contract, unsuitable investment recommendations, improper sales practices, churning, and negligent supervision. He attended the FINRA Institute at Wharton (University of Pennsylvania) Certified Regulatory and Compliance Professional Program (CRCP).
Joe also has class action litigation experience, including cases involving diet drug and gun litigation, as well as multi-district litigation.
Joe conducted an insurance coverage investigation of a $23 million fraud by a bankrupt automobile leasing corporation perpetrated against a major financial institution. He handled all phases of the litigation on behalf of underwriters and the financial institution.
He has also headed the insurance coverage investigation of a number of employee dishonesty, embezzlement and fraud claims including Ponzi schemes. These matters have included a $61 million loss arising from an employee embezzlement scheme in Argentina; a $15 million loss resulting from employee theft; significant mortgage fraud claims in California and Kentucky; and employee theft claims throughout the U.S.
Joe is a former senior litigation associate for an international law firm in their New York City office. At that firm, his practice concentrated on all aspects of commercial litigation and insurance coverage litigation from initial complaint to trial, verdict, appeal and recovery.
Joe's previous experience includes working in a midsize New York City law firm, where he assisted clients with all phases of litigation from inception through trial in numerous property damage and personal injury matters. As the attorney in charge of the firm's appellate practice in the New York City office, he conducted jury trials and wrote over 75 appellate briefs.
Upon graduation from law school, Joe was granted a two-year judicial clerkship as a senior appellate court attorney from the Supreme Court of the State of New York, Appellate Division, Second Judicial Department. He clerked for the entire bench and wrote over 150 bench memos on a variety of issues in the areas of criminal, civil and commercial law.
Over the course of his career, Joe has obtained appellate argument experience in the First, Second and Third Judicial Departments of the New York Supreme Court and has over 70 reported decisions.
He is active in many local and national bar associations including the New York County Lawyers' Association, The American Bar Association, the New York State Bar Association and the Columbian Lawyers Bar Association. He is a former member of the Supervisory Committee of the Montauk Credit Union in New York City.
Joe is a frequent lecturer on appellate practice as a faculty member of the St. John's University School of Law's Continuing Legal Education Program and the New York Safe Deposit Association. He has also lectured at the American Bankers Association Risk Management Conference and for the Fidelity Law Association.
Professional Liability Matters
The Insurance and Reinsurance Report
• Martindale-Hubbell Peer Review Rating: AV Preeminent
• Top Rated Lawyer in Litigation, American Lawyer Media and Martindale-Hubbell, 2014
• Top Rated Lawyer in Insurance Law, American Lawyer Media and Martindale-Hubbell, 2013
•Speaker, “Appellate Advocacy - Demystifying the Process, ” St. John's University School of Law's CLE Weekend, 2013; 2009; 2007
• Speaker, Safe Deposit Boxes: The Contract, The Relationship, Compliance, and Risk Management, Lorman Audio CLE, July 2012
• Speaker, “Tips For Settling Civil Lawsuits Ethically, ” Medicare and Healthcare Subrogation, New York State Bar Association, June 2012
• Featured in “The Termination Provision in Fidelity Insurance Policies: Practitioners Discuss a Split in Authority, ”Bloomberg Law Reports - Commercial Insurance, March 5, 2012
• Presenter, Financial Institutions Bond, ABA Insurance Risk Management Forum, Naples, FL
•Speaker, “A Primer on Appellate Practice, ” St. John's University School of Law's Fall CLE Weekend, October 2011
•Speaker, - “Insurance Coverage Issues in the Commercial General Liability Policy - Emerging Issues for the Next Decade, presentation - 'Arising Out Of' - Similar Additional Insured Issues Following Worth and Garrito, ” New York State Bar Association 2010 Insurance Coverage Update, June 2010
•Speaker, “Ponzi Schemes - Issues under the Financial Institution Bond, ” American Bankers Association Risk Management Forum, February 2010
•Quoted, “How Safe is That Safe? - A Safe Deposit Box is Not the Best Place to Stash Cash, ” The Wall Street Journal's Market Watch and Equities Magazine blog; Resources Investor, International Business and Commodity Online , October 30, 2008
•Speaker, “Pandora's Safe Deposit Box - Handling Difficult Claims Scenarios, ” American Bankers Association Insurance Risk Management Forum, January 2008
•Speaker, “Safe Deposit Losses Under the Financial Institution Bond, ” Fidelity Law Association Annual Conference October 2007
•Author, “Safe deposit Box issues Under the Financial Institution Bond, ” Fidelity Law Association Journal, October 1, 2007
•Speaker, “Handling Catastrophic Bank Property Losses, ” New York State Safe Deposit Box Association Annual Meeting, December 2006
•Speaker, “Appellate Advocacy, ” St. John's University School of Law's Fall CLE Weekend: March 2006; March 2005; November 2000; October 1999
•Speaker, “Appeals - The Process, ” St. John's University School of Law's Spring CLE Weekend, April 2002
•Speaker, “Handling Safe Deposit Box Claims When there is a Burglary - What Banks and Insurers Need to Know, ” New York State Safe Deposit Association Annual Meeting, December 2001
•Senior Appellate Court Attorney - New York Supreme Court, Second Judicial Department