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HTMLClawback Suit Targets International Investors
Michelle M. Arbitrio; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on June 17, 2014
In 2008, a few months before the $65 billion Madoff Ponzi scheme fell apart, the $3.65 billion Petters Ponzi scheme made headlines. Tom Petters told investors that they were financing the purchase and sale of consumer electronic goods when no goods existed. Rather, Petters used funds from new...

 

HTMLA Check in the “Win” Column for Broker-Dealers!
Michelle M. Arbitrio; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on September 16, 2014
The Second Circuit recently issued a single opinion for two cases [Goldman Sachs & Co. v. Golden Empire Sch. Fin. Auth., No. 13-797-cv (2d Cir. Aug. 21, 2014) and Citigroup Global Mkts. Inc. v. N.C.E. Mun. Power Agency, No. 13-2247-cv (2d Cir. Aug 21, 2014)], holding that a forum selection...

 

HTMLEastern District of New York Adopts “Express Train” Discovery Schedule to Ensure Expeditious Resolution of Sandy-related Coverage Suits
Michelle M. Arbitrio, Stuart A. Miller; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 28, 2014, previously published on April 24, 2014
Like many New Yorkers, the U.S. District Court for the Eastern District of New York (EDNY) has had a difficult time dealing with the aftermath of Superstorm Sandy. In response to the hundreds of lawsuits that have flooded its docket - the overwhelming majority of which involve claims under...

 

HTMLTemporary Insurance Applications and Agreements: The Impact of Material Misrepresentations in Life Insurance Applications on Coverage
Michelle M. Arbitrio; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 19, 2013, previously published on November 15, 2013
Earlier this year, the Fourth Circuit upheld a decision of the U.S. District Court for the Eastern District of Virginia, Banner Life Ins. Co. v. Noel, No. 12-1329, 2013 WL 221650 (4th Cir. Jan. 22, 2013), holding that a material misrepresentation made in a life insurance application was a...

 

HTMLImportant ERISA holdings from Hobson v. Metropolitan Life Insurance Company, 574 F.3d 75 (2d Cir. 2009)
Michelle M. Arbitrio, Emily Hayes; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 10, 2010, previously published on February 2010
In July 2009, the U.S. Court of Appeals for the Second Circuit issued a decision clarifying a number of issues in a case reviewing a denial of ERISA long term disability benefits under an “arbitrary and capricious” standard of review. This included an explication of the role of...

 

Adobe PDFU.S. Supreme Court Hears ERISA Conflict-Of-Interest Benefits Determination Case
Fred N. Knopf, Michelle M. Arbitrio, Matthew D. Donovan; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
June 17, 2008, previously published on May 2008
On April 23, 2008, the U.S. Supreme Court heard oral argument in Metropolitan Life Insurance Company et. al. v Wanda Glenn, concerning the issue of whether an Employee Retirement Income Security Act(ERISA) long-term disability benefits plan administrator that both determines claims and pays...

 

Adobe PDFRecent Decision Regarding SOLI Policies In The Southern District Of New York
Fred N. Knopf, Michelle M. Arbitrio; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 7, 2008, previously published on February 2008
On January 22, 2008, the Honorable Denny Chin of the U.S. District Court for the Southern District of New York issued a decision in the case of Life Product Clearing LLC v. Linda Angel et al., holding that life insurance policies are invalid if purchased solely for resale to a third party.