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 also a 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.
• 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
•Senior Appellate Court Attorney - New York Supreme Court, Second Judicial Department