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Profile Visibility  | | #1,035 in weekly profile views out of 25,647 lawyers in Chicago, Illinois | | #45,925 in weekly profile views out of 958,159 total lawyers Overall |
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| Education | Louisiana State University, Paul M. Hebert Law Center, J.D., 1990, Louisiana State University, B.S., Finance, 1987 | | | Admitted | 1991, Louisiana, U.S. District Court, Eastern District of Louisiana and U.S. Court of Appeals, Fifth Circuit; 1996, Illinois, U.S. District Court, Northern District of Illinois and U.S. Court of Appeals, Seventh Circuit; 2000, New York | |
| Memberships | Illinois State and Louisiana State Bar Associations; Maritime Law Association of the United States; Professional Liability Underwriter's Association. | | | Born | Baton Rouge, Louisiana | | | Biography | Presentations: "Resolving Claims Made under Cyber-Risk Policies," American Conference Institute's Forum on Cyber Risk Insurance, Philadelphia, September 26, 2007; "Technology Risks: Knowledge is Power," 2006 ASHRM Seminar, San Diego, October 31, 2006; "Overview of U.S. Court System and Tort/Class Action Reform," Katie School of Insurance, Illinois State University, Bloomington, Illinois, July 6, 2005; "Rescue Counsel: Strategies for Defending Indefensible Cases in Difficult Jurisdictions," Illinois State University, Katie Insurance School Seminar, Bloomington, Illinois, March 31, 2004; "Key Trends in U.S. Law," Katie School of Insurance at Illinois State University, Bloomington, IL, July 13, 2004; "Defending Complex Claims - Aggressive Motion Practice," presented at insurance client seminars in New York, London and Paris, June 17, 22 and 24, 2004; "Overview of U.S. Court System and U.S. Litigation," In-house seminars, London insurance clients, London, October 2002 and March 2003; "Recent Developments in U.S. Law," at the International Underwriting Association and Lloyd's Underwriting Association, London, October 16, 2000. | | | ISLN | 901432924 | | | Transactions | First chaired, as rescue counsel, first-party bad faith insurance coverage trial for certain London market insurers in unfavorable southern United States venue involving over $25 million at issue; The case settled after trial; The bad faith litigation was proceeding adversely against Underwriters, prior counsel did not properly assert federal court jurisdiction and the policyholder attempted to transfer the case to state court; As rescue counsel, Josh amended the pleadings, secured the necessary affidavits and convinced the federal court to retain jurisdiction; Thereafter, he persuaded the court to sever Underwriters' declaratory judgment action from the policyholder's bad faith claims, and to try the declaratory judgment action first; After first-chairing the declaratory judgment trial and obtaining significant rulings in his client's favor, the case settled for a nominal sum; Underwriters faced serious bad faith exposure based on post-claim underwriting and had the case reserved for a multi-million dollar amount prior to Josh's involvement; Defeated, as rescue counsel, a Fortune 500 corporation's claim for coverage under $25 million professional liability policy by winning motion to dismiss for foreign insurers in pro-insured state court venue; Case is currently on appeal; Defended, as rescue counsel, foreign insurers in a complex professional liability coverage dispute against a major U.S. corporation involving a $25 million policy limit; Prior to Josh's involvement, the insurers had reserved the case for approximately eighty percent of the policy limit; The claim fell within the insuring agreement and underwriters' sole defense pertained to a single exclusion that was arguably ambiguous; Following two and a half years of aggressive litigation in unfavorable venue for insurers, and savvy negotiations, settlement was attained for a significant (and confidential) multimillion dollar (eight figure) discount off the $25 million policy limits claim; Negotiated favorable resolution of complex multimillion data theft claim against technology service provider for slightly less than twenty percent of the value of the claim; The claim, pursued by several major U.S. banks and credit card issuers, involved coordinated theft of data in transit from hundreds of automatic teller machines; Tried two jury cases in the Circuit Court of Cook County in Chicago, one of the most unfavorable venues for business litigants in America, involving amounts in dispute of $30 million and $10 million; The first trial was covered extensively by the local media; Both cases settled on appeal for amounts substantially less than pre-trial demands; Settled several days before trial, as rescue counsel, a serious maritime wrongful death case pending in the Circuit Court of Cook County that former counsel had suggested the insurer reserve for several million dollars; Josh prepared the case for trial and settled it on the eve of the trial; The client had provided settlement authority of $1.5m going into the mediation. | |
Documents by this lawyer on Martindale.com
Firms Must Comply With FTC "Red Flags" Data Protection Rule, Starting November 1, 2009
Louis H. Castoria, Josh M. Kantrow, Lori S. Nugent, November 10, 2009 The Federal Trade Commission's "Red Flags" Rule is designed to protect personally identifiable information from data thieves. Insurance brokerage firms and other service providers that receive payment after their services have been delivered are required to comply. The compliance deadline...
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