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Institutional Litigation and Consulting

Our Institutional Litigation and Consulting practice group handles class action, multi-district litigation, and other complex matters throughout the United States. With a focus on our clients' business practices, proprietary information, and competitive position within the marketplace, our attorneys have appeared in numerous state and federal jurisdictions on behalf of insurers and their policyholders alike. The group's experienced and veteran trial lawyers aggressively handle matters in the courtroom, involving allegations of unfair trade practices, antitrust violations, civil RICO, insurer bad faith, and fraud, amongst others. Many of those same lawyers provide advice and counsel regarding business practices, compliance with state and federal law, record retention, electronic discovery, and insurance policy language. Our lawyers also represent insurers before state and federal regulatory agencies, including state insurance departments and the Securities and Exchange Commission. In addition, our attorneys have experience representing insurers in investigations by state attorneys general, as well as the United States Department of Justice.

NLdH represents insurers with regard to numerous types of coverage, including life, property/casualty, auto, directors & officers, errors & omissions, professional liability, environmental risk, commercial general liability, and specialty policies. Our attorneys have extensive experience defending the many types of claims that arise in the context of institutional litigation, including:

  • Allegations of unfair trade practices;
  • Accusations of consumer fraud;
  • Breach of contract claims and other contractual disputes;
  • Insurer bad faith claims;
  • Allegations of antitrust violations; and
  • Rate-making disputes.

NLdH has a clear understanding of the unique facets of institutional litigation, which it uses to diligently defend the interests of its clients. Our firm has a thorough understanding of procedural matters pertaining to class actions and multi-district litigation. Indeed, NLdH has been active in federal class action reform efforts, which culminated in amendments to the Federal Rules of Civil Procedure and the passage of the Class Action Fairness Act of 2005. In support of these efforts, our attorneys have offered testimony about the shortcomings of modern day class action law, and have helped move the law forward for the benefit of our clients.

NLdH has also been at the forefront of efforts to modernize the Federal Rules of Civil Procedure to reflect the realities of electronic discovery. Our attorneys have a detailed knowledge of electronic discovery issues, and can effectively advise clients as to their obligations to preserve and produce electronic discovery. Rather than intimidating clients with legal technicalities, we proactively position companies to address these issues properly.

Our firm also has at its disposal state-of-the-art technology to streamline the electronic discovery process and ensure that our clients fully satisfy their discovery obligations. In addition, our firm has access to trial presentation software for the purpose of presenting cases at trial in an effective and persuasive manner.

NLdH also offers consulting services to our clients, utilizing our attorneys' years of experience to counsel clients with regard to current and proposed institutional practices and procedures. Our attorneys have ready access to multi-jurisdictional case law, statutes, and regulations for the purpose of providing advice on a wide variety of issues in an accurate and timely manner. In so doing, we can help our clients avoid the prospect of future litigation by ensuring that their practices and procedures are fully compliant with their obligations under the law.

NLdH also stands ready to offer urgent assistance to clients in handling coverage issues in catastrophic and developing loss situations. Working with the Emerging Issues team, our attorneys provide reliable advice on claims investigation, handling, and coverage issues specific to the implicated jurisdictions.

The attorneys in the Institutional Litigation and Consulting practice group have the knowledge and judgment to effectively represent the interests of their clients at every step of the way, from the first report of a claim to trial.

News & Events

Council of Litigation Management, 2010 Annual Conference, March 24 - 26, 2010, Pointe Vedra, FL - Robert T. Horst will be speaking on the topic of "Preventing and Defending Bad Faith Claims: Current Trends and Strategies"

PAMIC 2010 Claims Summit, April 6 - 7. 2010, Gettysburg, PA - C. Scott Rybny will present "Emerging Issues - From the Homes We Live In to the Jewelry We Wear" and Michael Munger will speak on "Secondary Subrogation Issues."

DRI Insurance Coverage and Claims Institute, April 14 - 16, 2010, Chicago, IL - Robert T. Horst will present "The Recession, Misrepresentations and Rescission" along with William J. Matrogran, CIC, AIC, Erie Insurance Company. Additionally, Horst will also present "Bad Faith Update."

NYCBA 21st Annual "Current Issues in Insurance Regulation" Conference, April 16, 2010, New York, NY - Francine Semaya is the co-chair, moderator and speaker for the NYCBA 21st Annual "Current Issues in Insurance Regulation" Conference to be held April 16, 2010 in New York, NY.

American Conference Institute's 8th International Advanced Forum on Run-Off and Commutations, April 29 - 30, 2010, New York, NY - Francine L. Semaya will moderate the Regulatory Roundtable: Emerging Regulations and Their Impact on Insurance Insolvencies and the Run-Off Market featuring insurance regulators from across the United States.

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Emerging Topics Articles

Global Warming Lawsuit Raises a Host of Coverage/Liability Concerns.  In a decision could open the door for waves of suits against pollution emitting entities, the United States Court of Appeals for the Second Circuit allowed two related lawsuits to proceed that attempt to use the court system to halt the effects of global warming. In State of Connecticut, et al. v. American Electric Power Co., et al. , ___ F.3d ___, 2009 WL 2996729 (2d. Cir. Sept. 21, 2009), the Second Circuit reversed an order of the United States District Court for the Southern District of New York granting a motion to dismiss the plaintiffs' complaint against six utility defendants. The plaintiffs (eight different states, the city of New York and three land trusts) seek a judgment ordering carbon dioxide emitting utility companies to reduce emissions. The Second Circuit's holding raises not only numerous complex defense issues, but also concerns in the area of insurance coverage. ...

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