News & Announcements

News & Announcements

Hoguet Newman Regal & Kenney Wins Right To Take Key Trigger Issue To Trial for Policyholder Client

As set forth in a March 6, 2017 court decision, we defeated a summary judgment motion by over 20 insurance companies that sought to prevent our client from putting its case to the jury for insurance for alleged “property damage” over 26 years of insurance policies. The insurance claims are for defense and settlement costs in excess of $100 million incurred by our client in a nationwide class action product liability litigation (which was settled without any finding of liability), brought by community water systems alleging that our client’s herbicide product, applied for more than 60 years to neighboring cropland, contaminated their water systems. The insurers argued that our client could not prove that “property damage,” as defined in the policies, had occurred in all of the policy periods. We successfully persuaded the court that our client was entitled to present to the jury the expert scientific testimony of its chemical fate and transport expert for its determination whether the alleged “property damage” more likely than not occurred during the policy periods at issue. The court agreed, finding that there were issues of fact as to whether the herbicide product “could/did reach” the community water systems’ water supplies during the policy periods and whether it “could/did contribute to the detections” reported by the community water systems in connection with the settlement, and denied the insurers’ summary judgment motion.

Partner Josh Blosveren Moderates Panel Presentation at the ABA’s Tort Trial and Insurance Practice Section Annual Conference

On April 27, 2017, Josh Blosveren moderated a panel presentation titled “Policy Limit Demands or Time Limit Demands: Preparing and Responding Timely” at the 3rd annual TIPS Section Conference, held in Chicago, Illinois. The presentation addressed the strategies and pitfalls to be considered when making and responding to policy limit and time limit demands.

Partner Josh Blosveren Speaks at the ABA's Insurance Coverage Litigation Committee Annual Conference

On March 3, 2017, Josh Blosveren gave a presentation titled “Whistling Past the Graveyard: Obtaining Insurance Coverage for Whistleblower Complaints and Retaliation Claims” at the 29th annual CLE Seminar of the Insurance Coverage Litigation Committee of the ABA’s Litigation Section, held in Tucson, Arizona. The presentation addressed coverage issues arising under different types of policies that may be implicated by whistleblower claims brought under various federal and state statutes.

Dorothea Regal Publishes Article with the Business Interruption Subcommittee of the Insurance Coverage Litigation Committee of the ABA’s Litigation Section

Dorothea Regal, and fellow co-chairs of the Business Interruption Subcommittee of the Insurance Coverage Litigation Committee of the ABA’s Litigation Section, discuss recent cases addressing the cutting-edge question of whether there is coverage for business interruption losses that may have been incurred after the insurance policy’s “recovery period” has ended. See the attachment below to read the full piece.
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Partner Dorothea Regal Speaks at the ABA's Insurance Coverage Litigation Committee Annual Conference

Dorothea Regal spoke at the 2017 annual conference of the Insurance Coverage Litigation Committee of the ABA’s Litigation Section on developments in cyber insurance law. This seminar included a discussion of the first significant court decision addressing coverage under a pure cyber insurance policy, P.F. Chang’s China Bistro, Inc. v. Federal Insurance Co., and what a company can do to best obtain the cyber insurance it needs and avoid the insurance problem that P.F. Chang’s had.  See the attachment below to read the full presentation.
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Richard Reice interviewed for American Banker

An interview with HNRK’s Richard Reice for American Banker on Workplace Violence.

Josh Blosveren Presents on "Hot Button" D&O Liability Insurance Issues

Partner Josh Blosveren presented on a webinar panel entitled “D&O Liability Insurance: Hot Buttons Every Firm Needs to Know” on September 12, 2016, hosted by The Knowledge Group. He presented on new and trending coverage issues relating to D&O coverage for cyber liability and whistleblower claims, and on the much litigated “Professional Services Exclusion” in D&O policies.

Marc Aaron Melzer Co-Authors Piece on Publicity Rights and the First Amendment for Forbes.com

Marc Aaron Melzer co-wrote a piece for Forbes.com, published on September 22, 2016, with Beanstalk Chief Legal Officer Oliver Herzfeld and Beanstalk Assistant General Counsel Jared Mermelstein titled, “Athletes In Video Games: Balancing Publicity Rights And The First Amendment.” The article discusses athlete publicity rights and the O’Bannon case currently awaiting at certiorari decision from the US Supreme Court.

Nine Hoguet Newman Regal & Kenney Lawyers Selected to 2016 New York Metro Super Lawyers®

Hoguet Newman Regal & Kenney, LLP is pleased to announce that nine of the firm’s attorneys were selected for 2016 New York Metro Super Lawyers® lists.  Partners Laura B. Hoguet, Dorothea W. Regal, John J. Kenney, and Richard M. Reice have been named as Super Lawyers in the 2016 New York Metro Super Lawyers® Magazine.  Ms. Hoguet and Mr. Kenney have been recognized in the area of Business Litigation.  Ms. Regal has been recognized in the area of Insurance Coverage.  Mr. Reice has been recognized in the area of Employment & Labor.  These attorneys are among an elite group of New York attorneys to receive this honor, which is awarded to no more than 5 percent of lawyers in the State.

In addition, partners Joshua Blosveren, Andrew N. Bourne, Damian R. Cavaleri and Helene R. Hechtkopf, and counsel Marc Aaron Melzer, were named to the 2016 New York Metro Rising Stars list by Super Lawyers® Magazine.  Mr. Blosveren and Mr. Bourne have been recognized in the area of Insurance Coverage.  Mr. Cavaleri has been recognized in the area of Business Litigation.  Ms. Hechtkopf has been recognized in the area of General Litigation.  Mr. Melzer has been recognized in the area of Intellectual Property Litigation.  “Rising Stars” recognizes top up-and-coming attorneys who are 40 years old or younger, or who have been practicing 10 or fewer years, and is awarded to no more than 2.5 percent of lawyers in the State.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.  The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.  The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Randi May Publishes Piece on Tips for Complying with New Overtime Rules on ChainStoreAge.com

Randi May wrote an article fir ChainStoreAge.com on September 29, 2016 on Tips for Comlying with the New Overtime Rules.

Helene Hechtkopf Publishes Article in Law360

Partner Helene Hechtkopf published a piece on August 25, 2016 titled “Beyond Daubert: How to Exclude an Expert Witness” in Law360.  The article include many useful tips for practitioners on ways to prevent non-scientific expert witnesses from being allowed to testify at trial.

Josh Rievman Leads Law Firm and Practice Management Roundtable Discussion at Legus Annual Meeting

Josh solicited questions from the attendees in advance and selected seven diverse topics such as marketing plans, division of extraordinary revenue among partners, associate training and compensation and cost effective e-discovery for small firms.  He offered his insight into these challenges and led a discussion about each.

HNRK Receives Two Corporate LiveWire Global Awards for 2016 in Compliance Law and Employment & Labour Law

The firm was acknowledged twice in the New York Awards listing.  According to John J. Kenney, a trial partner at the firm who focuses on complex civil and criminal litigation, government investigations, and corporate governance and compliance law, “We are honored that such a distinguished news organization has recognized the firm’s strengths in these two core areas of our practice.”

Marc Aaron Melzer Co-Authors Piece on Copyrighted Works in Social Media for Forbes.com

Marc Aaron Melzer co-wrote a piece for Forbes.com, published on May 26, 2016, with Beanstalk Chief Legal Officer Oliver Herzfeld titled, “Fair Use in the Age of Social Media.” The article discusses recent copyright cases and provides guidance for those seeking to use copyrighted works in social media postings.

Dorothea Regal Presents on Hot Topics in D&O Liability Insurance

Partner Dorothea Regal presented on a webinar panel entitled “D&O Liability Insurance: 2016 Update” on May 2, 2016, hosted by The Knowledge Group. She presented on the much litigated “Professional Services Exclusion” in D&O policies, which can unexpectedly bar coverage, and on the new coverage issues emerging with respect to recovery actions or “clawbacks” of bonuses and other incentive-based compensation from public company directors and officers in light of Dodd-Frank and SEC Proposed Rule 10D-1.

Hoguet Newman Regal & Kenney Wins Victory in Artwork Dispute

Hoguet Newman Regal & Kenney recently won summary judgment in lieu of a complaint in litigation arising from the sale of valuable artwork.  The defendant, a gallery owner, entered into a promissory note to resolve a dispute with Hoguet Newman’s client over the proceeds from a consignment sale of several pieces of art (the gallery sold the art but did not send our client his share of the purchase price).  After the defendant failed to make the payments required by the note, we moved for summary judgment in lieu of a complaint.  The Court found in favor of our client and rejected the defendant’s arguments that the note was not enforceable.

The case is Francisco Pasquel Ruiz v. Ramis Barquet, Index No. 161520/15 (New York County, Coin, J.).  Hoguet Newman lawyers John P. Curley and Lauren S. Suss worked on the matter.

Hoguet Newman Regal & Kenney Defeats Insurance Broker’s Motion for Summary Judgment on Behalf of Policyholder Client

As set forth in a Decision and Order dated January 14, 2016, we defeated a motion for summary judgment filed by our client’s former insurance broker. Our client has alleged that the broker failed to properly advise him regarding his need for workers’ compensation coverage. Justice Joseph Santorelli of the New York Supreme Court found that precluding summary judgment were issues of fact regarding the nature of the relationship and communications between the parties.

Andrew Bourne and Josh Blosveren drafted the winning brief.

Hoguet Newman Regal & Kenney Wins Appeal of Denial of Insurance Broker’s Motion for Dismissal on Behalf of Policyholder Clienter Client

As set forth in a Decision and Order dated March 16, 2016, we convinced the Second Department to affirm the 2014 denial by the trial court of a motion to dismiss filed by our client’s former insurance broker. Our client has alleged that the broker failed to properly advise him regarding his need for workers’ compensation coverage.  The Second Department panel unanimously agreed with the trial court that the complaint “sufficiently alleged the existence of a special relationship between [the parties] so as to give rise to a duty to advise.”

Andrew Bourne and Josh Blosveren represented our client in the appeal.

Hoguet Newman Regal & Kenney Wins Summary Judgment on Behalf of New York State Housing Finance Agency

On March 23, 2016, Senior Judge Norman A. Mordue of the United States District Court for the Northern District of New York granted summary judgment to  our client New York State Housing Finance Agency (“NYSHFA”), along with two other defendants, dismissing with prejudice all of plaintiffs’ claims in Onondoga Hilltop Homes, Inc. et al v. Syracuse Housing Authority et al, 5:12-CV-626 (NAM/ATB).  Plaintiffs had sued under  Section 8 of the Housing Act claiming that under they were entitled to automatic annual rent increases, and that defendants’ failure to provide them was a breach of the Housing Assistance Payments Contract (“HAP Contract”) between them and NYSHFA.  Judge Mordue also denied plaintiffs’ motion for summary judgment.  Judge Mordue ruled that NYSHFA did not breach the HAP Contract by failing to provide annual adjustments in contract rents because plaintiffs failed to request such adjustments, which were required by a rider to the HAP Contract.  Judge Mordue held that the rider was a part of  the HAP Contract and that its requirement for a request created a condition precedent to any obligation of NYSHFA.  Finally, Judge Mordue ruled that enforcing this condition precedent did not result in a disproportionate forfeiture because the contract rents that plaintiffs received were always greater than the fair market rents published by HUD.

Hoguet Newman Regal & Kenney LLP Partner Joshua Rievman led the defense in this case, with contributions from Laura Hoguet.

Josh Rievman Presents at Center for International Legal Studies’ Lawyering in the International Market Conference

On March 16, 2016, Josh Rievman presented, “New York as an Ideal Place to Litigate International Disputes: The Success of the Commercial Division” at the Centre for International Legal Studies‘ Lawyering in the International Market conference in St. Johann, Austria.

Hoguet Newman Regal & Kenney Suit Over Palm Restaurant License Fees Cleared for Trial

A ruling by a New York Supreme Court justice in a trademark licensing dispute between the founding families of The Palm Restaurant chain has cleared the way for a trial in a lawsuit seeking nearly $80 million in royalties and damages.

Read Hoguet Newman Regal & Kenney, LLP’s full press release on the Palm Restaurant trademark case.

HNRK’s involvement in this case has been featured in both Law360 and the New York Law Journal.

Richard Reice Quoted in Financial Times Article "Wall Street’s Battle of the Banker"

Partner Richard Reice was quoted in a January 24, 2016 Financial Times article entitled, “Wall Street’s Battle of the Bankers”, discussing the role restrictive covenants are playing in a major Wall Street employment lawsuit between an investment bank and its former employee, and in employment agreements as a whole.

Mr. Reice handles the firm’s restrictive covenant litigation within its larger employment practice, and is the writer and editor of Hoguet Newman Regal & Kenney LLP’s Restrictive Covenant Blog.

Andrew N. Bourne Presents on Cyber Insurance in The Knowledge Group's CLE Webinar

On Monday, January 25, between 3:00pm and 5:00pm, partner Andrew N. Bourne presented on a panel in a Knowledge Group webinar entitled:  “Cyber-Insurance:  Understanding the New System.”  We encourage all of our clients and colleagues to participate in these informative and engaging webinars.

Hoguet Newman Regal & Kenney Wins Summary Judgment On Behalf of Investment Bank Client

As set forth in a December 15, 2015 order, we won summary judgment for investment bank/strategic advisory firm Marlin & Associates Holding LLC in an action to recover an investment banking fee and other contractual payments from telecommunications provider Perseus Telecom Limited. Marlin & Associates Holding v. Perseus Telecom Limited, Index No. 652498/2015 (New York County, Oing, J.).

The Hoguet Newman Regal & Kenney team consisted of attorneys Joshua Rievman and Helene Hechtkopf.

Hoguet Newman Regal & Kenney named to Crain’s 2015 Best Places to Work in NYC

Hoguet Newman Regal & Kenney, LLP recently earned a coveted place on Crain’s New York Business’ “2015 Best Places to Work in NYC” list. The firm is ranked 61st on the list, a marked rise from its rank of 84th in 2014. To be eligible, businesses had to employ 25 or more employees in New York City. Crain’s sent surveys to more than 21,000 employees throughout New York City. The survey questions focused on various topics, from benefits to advancement opportunities.

Marc Aaron Melzer Presents on Social Media Law at NYSBA CLE Program

Marc Aaron Melzer co-presented a session titled “Social Media Defamation: What You Tweet Can Get You Sued” during the New York State Bar Association’s Bridging the Gap CLE program on December 2, 2015, in New York City.

Hoguet Newman Regal & Kenney Defeats Summary Judgment on Behalf of Policyholder Client

As set forth in a September 2, 2015 court decision, we defeated summary judgment motions filed by 30 of our client’s insurance companies that had claimed that pollution exclusions in their policies barred all coverage for our client’s claims. The insurance claims are for defense and settlement costs in excess of $100 million incurred by our client in class action product liability litigation (which was settled without any finding of liability), brought by community water systems alleging that our client’s herbicide product applied to neighboring cropland contaminated their water. The winning argument for our client was that, as a threshold matter, the pollution exclusions cannot apply unless the insurers prove that the substance is a “pollutant” (within the meaning of the exclusions).  The judge agreed, found that the insurers had not established that our client’s herbicide product was a “pollutant” within the meaning of the exclusions, and denied the insurers’ summary judgment motions.

Dorothea Regal, Josh Blosveren, John Curley, Sarah Logue, Jeff Miller and Kerin Lin contributed to the oppositions to the defendants’ motions.

York City.

Hoguet Newman Regal & Kenney Named a 2016 "Best Law Firm" by US News and Best Lawyers

Hoguet Newman Regal & Kenney LLP has been named in the 2016 U.S.News – Best Lawyers “Best Law Firms” rankings. The firm has earned positions in New York City’s Tier Two for Corporate Compliance Law and Corporate Governance Law, and Tier Three for Criminal Defense: White Collar.

The “Best Law Firms” list recognizes firms for professional excellence based on feedback about their abilities, professionalism, and integrity provided by other leading lawyers and clients in the same communities and practice areas. Rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

The 2016 list is being published in November in a special legal issue released by US. News & World Report. The national and metropolitan first–tier rankings will be featured in the 2016 “Best Law Firms” General Counsel Publication. All of the rankings, in all tiers, will be published online at on the Best Firms website.

Ira Lipton and Helene Hechtkopf Present at the APCO Atlantic Conference
 Ira Lipton and Helene Hetchkopf presented about “What Public Safety Professionals Need to Know About Technology Contracts and Disputes” at the Association of Public-Safety Communications Officials’ (APCO) Atlantic Conference on October 27, 2015 in Burlington, Vermont.
Eight Hoguet Newman Regal & Kenney Lawyers Selected to 2015 New York Metro Super Lawyers®

Hoguet Newman Regal & Kenney, LLP is pleased to announce that eight of the firm’s attorneys were selected for 2015 New York Metro Super Lawyers® lists.  Partners Laura B. HoguetDorothea W. RegalJohn J. Kenney, and Richard M. Reice have been named as Super Lawyers in the 2015 New York Metro Super Lawyers® Magazine.  Ms. Hoguet has been recognized in the areas of Business Litigation and Employment and Labor.  Ms. Regal has been recognized in the areas of Insurance Coverage and Business Litigation.  Mr. Kenney has been recognized in the areas of Business Litigation and Criminal Defense: White Collar.  Mr. Reice has been recognized in the area of Employment and Labor.  These attorneys are among an elite group of New York attorneys to receive this honor, which is awarded to no more than 5 percent of lawyers in the State.

In addition, partners Andrew N. Bourne and Helene R. Hechtkopf, and associates Marc Aaron Melzer and Damian R. Cavaleri, were named to the 2015 New York Metro Rising Stars list by Super Lawyers® Magazine.  “Rising Stars” recognizes top up-and-coming attorneys who are 40 years old or younger, or who have been practicing 10 or fewer years, and is awarded to no more than 2.5 percent of lawyers in the State.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.  The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.  The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Hoguet Newman Regal & Kenney Wins Dismissal of Action Challenging Ownership of Major Russian Oil Company

In an August 27, 2015 decision, Justice Eileen Bransten of the Commercial Division of the New York County Supreme Court dismissed all claims brought by a Canadian company against the firm’s client and other individuals and entities accused of conspiring to obtain a controlling interest in a Russian oil company.  The firm’s client was the former President and Chief Executive Officer of a co-defendant company.  In a comprehensive opinion addressing claims that have been litigated in the federal and New York courts for over a decade,  Justice Bransten upheld a favorable decision of a Siberian court determining similar claims and also found that New York lacks personal jurisdiction over our client.

A Law360 article discussing Justice Bransten’s decision can be accessed here.

The Hoguet Newman team consisted of Fred Newman, Josh Blosveren and Kathleen Lowden.

Hoguet Newman Regal & Kenney Strengthens Services of Insurance Coverage Litigation & Counseling Practice; Firm Welcomes Partner Andrew N. Bourne

Hoguet Newman Regal & Kenney, LLP is pleased to announce the expansion of the firm’s Insurance Coverage Litigation & Counseling practice with the arrival of Partner Andrew N. Bourne.  Mr. Bourne will focus his practice on representing corporate and individual policyholders in insurance recovery.  Recognized by New York Super Lawyers – Metro Edition© as a 2013 and 2014 “Rising Star” in insurance, Mr. Bourne represents large and small policyholders in complex and sophisticated coverage disputes across a wide range of industries involving a range of insurance contracts.   Over the course of his career, Mr. Bourne has helped secure hundreds of millions of dollars in coverage for policyholders through negotiation and settlement, arbitration, and litigation.

Prior to joining the firm, Mr. Bourne was a founding partner of a boutique law firm dedicated to representing policyholders with insurance counseling and recovery across virtually all policy lines.  Mr. Bourne also practiced in the leading policyholder coverage practices of two national law firms.  Before entering private practice, Mr. Bourne served as a law clerk for the US. Court of Appeals for the Second Circuit.  Mr. Bourne received his B.A. in economics and political science from the University of Wisconsin-Madison, and his J.D. from Brooklyn Law School.

Dorothea Regal, head of the firm’s Insurance Coverage Litigation & Counseling Practice, said, “Andrew’s considerable experience and skill in representing policyholders will enhance the firm’s capability to handle our clients’ insurance needs and continue to maximize their insurance recoveries, as we proceed to expand the Practice.  We are very pleased to welcome Andrew to the firm.”

Hoguet Newman Regal & Kenney, LLP, was founded in 1996 by senior litigation lawyers dedicated to using their decades of big-firm litigation experience to represent clients faced with sophisticated and demanding legal issues effectively and responsively in a collegial small firm setting.  The firm’s Insurance Coverage Litigation & Counseling Practice is dedicated to maximizing insurance recoveries for policyholders through claim prosecution, negotiation with insurers and litigation or arbitration.  Attorneys in the Practice represent policyholders in all facets of insurance coverage disputes involving a wide range of claims and policies, including property insurance, business interruption coverage, third-party liability insurance for environmental, products, asbestos and other claims, as well as claims under Directors & Officers liability policies, claims under professional liability or Errors & Omissions insurance, employment practices liability claims, multimedia errors and omissions claims, and claims under fidelity bonds.  Attorneys in the Practice have helped their policyholder clients recover hundreds of millions of dollars in coverage.

Hoguet Newman Regal & Kenney Names John Curley and Helene Hechtkopf as Partners

We are pleased to announce that John Curley and Helene Hechtkopf have become partners of the firm.

Mr. Curley’s practice includes complex business litigation and white collar enforcement proceedings.  Recent matters include defending individuals before FINRA and the SEC as well as representing an international bank in trade secrets litigation and a testing company in litigation arising from an explosion and fire at an oil refinery.  Prior to joining the firm, he served as a law clerk to the Honorable Joanna Seybert, US. District Judge for the Eastern District of New York, and before that he was a litigation associate at an international law firm.  He graduated summa cum laude from St. John’s University School of Law. 

E-mail- jcurley@hnrklaw.com

Ms. Hechtkopf’s practice involves a wide range of commercial and employment litigation, appellate litigation, and white collar criminal matters. She has represented individuals in investigations by FINRA and other regulatory agencies. She recently concluded a five-week bench trial in the Southern District of New York representing a state agency in a contract dispute with a large defense contractor.  Ms. Hechtkopf is admitted to practice in the State of New York, State of New Jersey, and the United States District Courts for the Southern District of New York and the Eastern District of New York and the United States Court of Appeals for the Second Circuit.   She graduated cum laude from the Benjamin N. Cardozo School of Law and earned a B.A. with high distinction from the University of Virginia. 

E-mail- hhechtkopf@hnrklaw.com

Josh Rievman Presents at the Centre for International Legal Studies IP Conference

Josh Rievman presents, “Licensing of IP Rights: Issues and Considerations for Drafting and Litigation” at the Centre for International Legal Studies IP conference in Kitzbühel, Austria

Hoguet Newman Regal & Kenney named to Crain’s 2014 Best Places to Work in NYC

Hoguet Newman Regal & Kenney, LLP recently earned a coveted place on Crain’s New York Business’ “2014 Best Places to Work in NYC” list. The firm is ranked 84th on the list. To be eligible, businesses had to employ 25 or more employees in New York City. Crain’s sent surveys to more than 21,000 employees. The survey questions focused on various topics, from benefits to advancement opportunities.

Hoguet Newman Regal & Kenney Wins Summary Judgment on Behalf of MTA in Employment Discrimination Case

On September 30, 2014, the Honorable Vernon S. Broderick of the Southern District of New York issued a ruling in Ortiz v. Metropolitan Transportation Authority, 13 Civ. 1033, granting summary judgment in favor of our client, the MTA and dismissing all of the plaintiff’s claims.  The plaintiff, an MTA Police Officer, had claimed that she was discriminated against on the basis of her race, gender and national origin, and had also alleged retaliation.  Plaintiff claimed that MTA had created a hostile workplace and that it had taken adverse actions against her because of her protected class.  MTA moved for summary judgment on a number of grounds, including that plaintiff had not proven her claims of hostile work environment, adverse action or retaliation, and that many of her claims were barred by the statute of limitations.  The court found for MTA on all of plaintiff’s claims and dismissed plaintiff’s case.

Laura Hoguet, Dorothea Regal, John Kenney, Juan Skirrow, Marc Melzer, and Helene Hechtkopf named New York Superlawyers

Laura Hoguet, Dorothea Regal and John Kenney have been named as Superlawyers in this year’s New York Metro Super Lawyers Magazine. Laura Hoguet has been recognized in the areas of Business Litigation and Employment & Labor. John Kenney has been recognized in the areas of Business Litigation and Criminal Defense: White Collar. Dorothea Regal has been recognized in the areas of Insurance Coverage and Business Litigation. Juan Skirrow , Marc Melzer, and Helene Hechtkopf have been named “rising stars”. The Superlawyer ranking is based upon peer nominations and evaluations, and independent third party research. The firm does not solicit or pay for the designation.

Josh Rievman Leads Legus Panel on Licensing Transactions Across Legal Markets

HNRK partner Josh Rievman facilitated a panel on Perspectives on Licensing Transactions Across Legal Markets: Negotiation, Regulation and Dispute Resolution at the Legus Annual Meeting in Rome, Italy in June.  As part of the panel, Mr. Rievman made a presentation on the negotiation of license agreements and litigation of license disputes in the United States.

HNRK has been an active member of Legus, the international network of law firms, for ten years.

Josh Blosveren Quoted in Law360 and New York Commercial Litigation Insider Regarding Proposed New Commercial Division Rule and Guidelines

Josh Blosveren was quoted in an April 9, 2014 Law360 article and an April 10, 2014 New York Commercial Litigation Insider article, both of which addressed a new rule and guidelines concerning nonparty e-discovery proposed by the Commercial Division Advisory Council, of which Josh is a member. His subcommittee, the Use of Technology in Commercial Division Cases Subcommittee, drafted the proposed rule and guidelines.

The proposed Rule 34 to Section 202.70 (Rules of the Commercial Division of the Supreme Court) of the Uniform Civil Rules For The Supreme Court And The County Court states that parties and nonparties should adhere to the Guidelines for Discovery of Electronically Stored Information (“ESI”) from Nonparties. The Guidelines are intended to improve the efficiency of nonparty e-discovery and reduce the potential costs and burdens imposed on parties and nonparties by encouraging, among other things, the early identification and discussion of issues relating to nonparty e-discovery

Fred Newman Appointed to the First Department Disciplinary Committee for a Third Term

On January 28th, the Justices of the Appellate Division of the Supreme Court, First Department, appointed Fred Newman to a third term on the Court’s Disciplinary Committee.  The Disciplinary Committee is composed of 65 lawyers and a smaller number of non-lawyers appointed by the Court.  Each member is selected by the Court because of his or her knowledge of the law and reputation for integrity and fairness.  They serve voluntarily and without pay, and the Committee has no affiliation with a bar association.  The purpose of the Committee is to protect the public and the legal profession by ensuring that lawyers adhere to the ethical standards set forth in the Rules of Professional Conduct.  The Committee protects the public by reviewing and investigating complaints against lawyers and by recommending sanctions against those who are proven to have violated the Rules. It protects the legal profession by enforcing high standards of conduct, while at the same time ensuring that complaints are dealt with fairly.

The First Department regulates all lawyers in Manhattan and the Bronx.

Appointments are for a term of three years, and there is a limit of two consecutive terms.  Fred served as a Committee Member and Hearing Panel Chair during 2007-2012.  His new appointment follows a sabbatical year off from service, and reappointment for a third term is not usual.  Click here to see a copy of the Court’s appointment.

Fred is also an Adjunct Professor at Fordham University School of Law.  During the Spring 2014 term, he is co-teaching a seminar on Professional Responsibility and Civil Litigation.

Restrictive Covenant Blog Goes Live

The Restrictive Covenant Blog (http://blog.hnrklaw.com) is produced by Hoguet Newman Regal & Kenney, LLP as a service to the public and our clients. It is edited by Richard M. Reice, an HNRK labor and employment partner, and is updated periodically by the firm’s attorneys.

Hoguet Newman Regal & Kenney Listed Second on NYLJ’s 2013 List of 100 Largest Women-Owned Law Firms

Hoguet Newman Regal & Kenney, LLP was listed second on the New York Law Journal’s inaugural chart of the “Largest Women-Owned Law firms in New York State.” To be included on the list, which was published on June 17, 2013, firms must be based in New York and have fifty percent or greater ownership by women.

Hoguet Newman Regal & Kenney Wins Federal Jury Trial

On May 13, 2013, a federal jury returned a verdict in favor of Hoguet Newman Regal & Kenney, LLP’s client, a transit agency, after a week-long trial in the Eastern District of New York.

The plaintiff, a transit employee, alleged that he was retaliated against by his employer and 10 of its present and former employees for making a safety report. Hoguet Newman represented the defendants.

The suit was brought under a federal whistleblower statute: the National Transit Systems Security Act (“NTSSA”), 6 U.S.C. § 1142, which was enacted in 2007 to protect the employees of public transportation systems from retaliation due to having made a safety-related report or complaint (See, Retaliation Claims in the Transit System Context). The plaintiff also brought a First Amendment Claim under 42 U.S.C. § 1983, which was dismissed by Judge John Gleeson at the close of the plaintiff’s case, and several other claims that were dismissed by Judge Gleeson on summary judgment (including a Due Process claim under 42 U.S.C. § 1983 and a claim under the Family Medical Leave Act). All of the individual defendants were dismissed before the case went to the jury.

The jury determined that the transit agency did not retaliate against the plaintiff.

The Hoguet Newman team consisted of Laura Hoguet, Sarah Logue, Jared Jenkins, John Curley, Kathleen Lowden, and Natalia DiPalma.

Laura Hoguet, John Kenney, and Marc Melzer Recognized by Super Lawyers

For the sixth year in a row, Laura Hoguet and John Kenney have been named Super Lawyers in the New York metro region. Laura Hoguet has been recognized in the practice areas of Business Litigation and Employment & Labor, John Kenney in the areas of Business Litigation, Criminal Defense: White Collar, and Corporate Governance & Compliance. In addition, Marc Melzer has been named a Rising Star, which recognizes the best up-and-coming attorneys in each state, in the areas of Business Litigation and Intellectual Property.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Hoguet Newman Regal & Kenney Wins Dismissal on Behalf of Mutual Fund Directors

On March 9, 2012, Justice Charles Ramos granted Hoguet Newman Regal & Kenney’s motion to dismiss charges brought against two former independent directors of a mutual fund.  In 2006, upon news that the principals of the fund’s investment advisor had been indicted for securities fraud and other offenses, the firm’s clients presided over the transition of the fund to a new investment advisor, and its merger and reorganization into a new family of funds.  The court’s opinion, which granted the independent directors’ and the new fund’s respective motions to dismiss, and denied plaintiffs’ cross-motion for a default judgment, provides a useful overview of the legal relationships between the directors of a mutual fund, its financial advisor and the fund’s shareholders, as provided under the Investment Company Act of 1940 and the common law.  John Kenney, Julia Peck, Kathleen Lowden, and Jules Cattie worked on the matter.

New York Court of Appeals Grants Leave to Appeal in Dispute Involving Brazilian Energy Company

On November 22, 2011, the New York Court of Appeals granted the firm’s motion seeking leave to appeal a unanimous decision of the New York Appellate Division, First Department, filed on behalf of our client, a Brazilian energy company.  The case involves our client’s supposed guarantee of a loan granted by an indirect subsidiary.

The Court of Appeals will hear our argument on the choice of law provision in the guarantee, which we have argued requires the New York courts to apply Brazilian law to this case.

Hoguet Newman Regal & Kenney Attorneys Obtain Favorable Sentencing Ruling for Client in Federal Securities Fraud Trial

Hoguet, Newman, Regal & Kenney, LLP attorneys recently represented the former Chief Financial Officer of a pharmaceutical company in a 10 week federal securities fraud trial and subsequent sentencing proceedings in the Southern District of New York.  Despite the jury’s finding that securities fraud violations had occurred, the firm successfully argued at a Fatico hearing that the victim suffered no loss, resulting in the firm’s client receiving a sentence of time-served (no prison).  US. v. Cuti and Tennant, 08 Cr. 972 (SDNY 2011).  The government had recommended a sentence of 60 months and argued that the defendant was eligible for 168 to 210 months under the sentencing guidelines.

The decision has been widely discussed in various legal and business forums.  See, e.g., Law-360, The Increasing Importance of Loss Causation Analysis (October 2011); also reproduced in part on Harvard Law School’s Forum on Corporate Governance and Financial Regulation, at  http://blogs.law.harvard.edu/corpgov/2011/12/08/the-increasing-importance-of-loss-causation-analysis/ 

The Hoguet Newman team was comprised of John J. Kenney, Tai-Heng Cheng, Caitlin Bush and Damian Cavaleri.

Laura Hoguet, John Kenney Named New York Superlawyers for Fifth Year

For five years running, both Laura Hoguet and John Kenney have been named as Superlawyers in the New York Metro area. Laura Hoguet has been recognized in two areas, Business Litigation and Employment & Labor. John Kenney has been recognized in three, Business Litigation, Criminal Defense: White Collar, and Corporate Governance & Compliance. The Superlawyer ranking is based upon peer nominations and evaluations, and independent third party research. The firm does not solicit or pay for the designation.

Fordham Law Journal Publishes Marc Melzer’s Article, "Copyright Enforcement in the Cloud"

Fordham Law Journal Publishes Marc Melzer’s Article, Copyright Enforcement in the Cloud

Hoguet Newman Regal & Kenney Wins 3.5 Million Euro for a Hedge Fund Client in an International Arbitration

In an international arbitration award dated November 9, 2010, a three-member Tribunal unanimously awarded 3.5 million euro to a European hedge fund against an asset management subsidiary of a large international bank holding company.

Under a Project Agreement concluded in May 2008, the asset management company was to have invested 30 million euro in the hedge fund for a period of two years, starting from the date that it made the investment. However, the contract did not provide any specific date for the asset management company to make the investment. The asset management company only invested a fraction of the 30 million euro, and, after the collapse of Lehman Brothers in September 2008, the company withdrew its investment.

At the arbitration, the asset management company contended that because it had never invested the full 30 million euro, it had no obligation to lock up any amount for two years, and, in any event, the financial crisis nullified the Project Agreement under its material adverse change clauses. However, Hoguet Newman persuaded the Tribunal that the partial investment was sufficient to trigger all the obligations under the Project Agreement, and the financial crisis did not relieve the asset management company of its obligations.

The Tribunal awarded the hedge fund the full amount of profits it would have made on 30 million euro over two years, the cost of the arbitration, and 90% of attorneys’ fees and expenses.

The Hoguet Newman team was comprised of Tai-Heng Cheng, Sheryl Galler, Kathleen Lowden, Lisa Weitz, Aleksandr Gelerman, Nora Regis and Lee Heyer.

News & Announcements

Hoguet Newman Regal & Kenney Wins Right To Take Key Trigger Issue To Trial for Policyholder Client

As set forth in a March 6, 2017 court decision, we defeated a summary judgment motion by over 20 insurance companies that sought to prevent our client from putting its case to the jury for insurance for alleged “property damage” over 26 years of insurance policies. The insurance claims are for defense and settlement costs in excess of $100 million incurred by our client in a nationwide class action product liability litigation (which was settled without any finding of liability), brought by community water systems alleging that our client’s herbicide product, applied for more than 60 years to neighboring cropland, contaminated their water systems. The insurers argued that our client could not prove that “property damage,” as defined in the policies, had occurred in all of the policy periods. We successfully persuaded the court that our client was entitled to present to the jury the expert scientific testimony of its chemical fate and transport expert for its determination whether the alleged “property damage” more likely than not occurred during the policy periods at issue. The court agreed, finding that there were issues of fact as to whether the herbicide product “could/did reach” the community water systems’ water supplies during the policy periods and whether it “could/did contribute to the detections” reported by the community water systems in connection with the settlement, and denied the insurers’ summary judgment motion.

Partner Josh Blosveren Moderates Panel Presentation at the ABA’s Tort Trial and Insurance Practice Section Annual Conference

On April 27, 2017, Josh Blosveren moderated a panel presentation titled “Policy Limit Demands or Time Limit Demands: Preparing and Responding Timely” at the 3rd annual TIPS Section Conference, held in Chicago, Illinois. The presentation addressed the strategies and pitfalls to be considered when making and responding to policy limit and time limit demands.

Partner Josh Blosveren Speaks at the ABA’s Insurance Coverage Litigation Committee Annual Conference

On March 3, 2017, Josh Blosveren gave a presentation titled “Whistling Past the Graveyard: Obtaining Insurance Coverage for Whistleblower Complaints and Retaliation Claims” at the 29th annual CLE Seminar of the Insurance Coverage Litigation Committee of the ABA’s Litigation Section, held in Tucson, Arizona. The presentation addressed coverage issues arising under different types of policies that may be implicated by whistleblower claims brought under various federal and state statutes.

Dorothea Regal Publishes Article with the Business Interruption Subcommittee of the Insurance Coverage Litigation Committee of the ABA’s Litigation Section

Dorothea Regal, and fellow co-chairs of the Business Interruption Subcommittee of the Insurance Coverage Litigation Committee of the ABA’s Litigation Section, discuss recent cases addressing the cutting-edge question of whether there is coverage for business interruption losses that may have been incurred after the insurance policy’s “recovery period” has ended. See the attachment below to read the full piece.
View Attachment

Partner Dorothea Regal Speaks at the ABA’s Insurance Coverage Litigation Committee Annual Conference

Dorothea Regal spoke at the 2017 annual conference of the Insurance Coverage Litigation Committee of the ABA’s Litigation Section on developments in cyber insurance law. This seminar included a discussion of the first significant court decision addressing coverage under a pure cyber insurance policy, P.F. Chang’s China Bistro, Inc. v. Federal Insurance Co., and what a company can do to best obtain the cyber insurance it needs and avoid the insurance problem that P.F. Chang’s had.  See the attachment below to read the full presentation.
View Attachment

Richard Reice interviewed for American Banker

An interview with HNRK’s Richard Reice for American Banker on Workplace Violence.

Josh Blosveren Presents on “Hot Button” D&O Liability Insurance Issues

Partner Josh Blosveren presented on a webinar panel entitled “D&O Liability Insurance: Hot Buttons Every Firm Needs to Know” on September 12, 2016, hosted by The Knowledge Group. He presented on new and trending coverage issues relating to D&O coverage for cyber liability and whistleblower claims, and on the much litigated “Professional Services Exclusion” in D&O policies.

Marc Aaron Melzer Co-Authors Piece on Publicity Rights and the First Amendment for Forbes.com

Marc Aaron Melzer co-wrote a piece for Forbes.com, published on September 22, 2016, with Beanstalk Chief Legal Officer Oliver Herzfeld and Beanstalk Assistant General Counsel Jared Mermelstein titled, “Athletes In Video Games: Balancing Publicity Rights And The First Amendment.” The article discusses athlete publicity rights and the O’Bannon case currently awaiting at certiorari decision from the US Supreme Court.

Nine Hoguet Newman Regal & Kenney Lawyers Selected to 2016 New York Metro Super Lawyers®

Hoguet Newman Regal & Kenney, LLP is pleased to announce that nine of the firm’s attorneys were selected for 2016 New York Metro Super Lawyers® lists.  Partners Laura B. Hoguet, Dorothea W. Regal, John J. Kenney, and Richard M. Reice have been named as Super Lawyers in the 2016 New York Metro Super Lawyers® Magazine.  Ms. Hoguet and Mr. Kenney have been recognized in the area of Business Litigation.  Ms. Regal has been recognized in the area of Insurance Coverage.  Mr. Reice has been recognized in the area of Employment & Labor.  These attorneys are among an elite group of New York attorneys to receive this honor, which is awarded to no more than 5 percent of lawyers in the State.

In addition, partners Joshua Blosveren, Andrew N. Bourne, Damian R. Cavaleri and Helene R. Hechtkopf, and counsel Marc Aaron Melzer, were named to the 2016 New York Metro Rising Stars list by Super Lawyers® Magazine.  Mr. Blosveren and Mr. Bourne have been recognized in the area of Insurance Coverage.  Mr. Cavaleri has been recognized in the area of Business Litigation.  Ms. Hechtkopf has been recognized in the area of General Litigation.  Mr. Melzer has been recognized in the area of Intellectual Property Litigation.  “Rising Stars” recognizes top up-and-coming attorneys who are 40 years old or younger, or who have been practicing 10 or fewer years, and is awarded to no more than 2.5 percent of lawyers in the State.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.  The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.  The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Randi May Publishes Piece on Tips for Complying with New Overtime Rules on ChainStoreAge.com

Randi May wrote an article fir ChainStoreAge.com on September 29, 2016 on Tips for Comlying with the New Overtime Rules.

Helene Hechtkopf Publishes Article in Law360

Partner Helene Hechtkopf published a piece on August 25, 2016 titled “Beyond Daubert: How to Exclude an Expert Witness” in Law360.  The article include many useful tips for practitioners on ways to prevent non-scientific expert witnesses from being allowed to testify at trial.

Josh Rievman Leads Law Firm and Practice Management Roundtable Discussion at Legus Annual Meeting

Josh solicited questions from the attendees in advance and selected seven diverse topics such as marketing plans, division of extraordinary revenue among partners, associate training and compensation and cost effective e-discovery for small firms.  He offered his insight into these challenges and led a discussion about each.

HNRK Receives Two Corporate LiveWire Global Awards for 2016 in Compliance Law and Employment & Labour Law

The firm was acknowledged twice in the New York Awards listing.  According to John J. Kenney, a trial partner at the firm who focuses on complex civil and criminal litigation, government investigations, and corporate governance and compliance law, “We are honored that such a distinguished news organization has recognized the firm’s strengths in these two core areas of our practice.”

Marc Aaron Melzer Co-Authors Piece on Copyrighted Works in Social Media for Forbes.com

Marc Aaron Melzer co-wrote a piece for Forbes.com, published on May 26, 2016, with Beanstalk Chief Legal Officer Oliver Herzfeld titled, “Fair Use in the Age of Social Media.” The article discusses recent copyright cases and provides guidance for those seeking to use copyrighted works in social media postings.

Dorothea Regal Presents on Hot Topics in D&O Liability Insurance

Partner Dorothea Regal presented on a webinar panel entitled “D&O Liability Insurance: 2016 Update” on May 2, 2016, hosted by The Knowledge Group. She presented on the much litigated “Professional Services Exclusion” in D&O policies, which can unexpectedly bar coverage, and on the new coverage issues emerging with respect to recovery actions or “clawbacks” of bonuses and other incentive-based compensation from public company directors and officers in light of Dodd-Frank and SEC Proposed Rule 10D-1.

Hoguet Newman Regal & Kenney Wins Victory in Artwork Dispute

Hoguet Newman Regal & Kenney recently won summary judgment in lieu of a complaint in litigation arising from the sale of valuable artwork.  The defendant, a gallery owner, entered into a promissory note to resolve a dispute with Hoguet Newman’s client over the proceeds from a consignment sale of several pieces of art (the gallery sold the art but did not send our client his share of the purchase price).  After the defendant failed to make the payments required by the note, we moved for summary judgment in lieu of a complaint.  The Court found in favor of our client and rejected the defendant’s arguments that the note was not enforceable.

The case is Francisco Pasquel Ruiz v. Ramis Barquet, Index No. 161520/15 (New York County, Coin, J.).  Hoguet Newman lawyers John P. Curley and Lauren S. Suss worked on the matter.

Hoguet Newman Regal & Kenney Defeats Insurance Broker’s Motion for Summary Judgment on Behalf of Policyholder Client

As set forth in a Decision and Order dated January 14, 2016, we defeated a motion for summary judgment filed by our client’s former insurance broker. Our client has alleged that the broker failed to properly advise him regarding his need for workers’ compensation coverage. Justice Joseph Santorelli of the New York Supreme Court found that precluding summary judgment were issues of fact regarding the nature of the relationship and communications between the parties.

Andrew Bourne and Josh Blosveren drafted the winning brief.

Hoguet Newman Regal & Kenney Wins Appeal of Denial of Insurance Broker’s Motion for Dismissal on Behalf of Policyholder Clienter Client

As set forth in a Decision and Order dated March 16, 2016, we convinced the Second Department to affirm the 2014 denial by the trial court of a motion to dismiss filed by our client’s former insurance broker. Our client has alleged that the broker failed to properly advise him regarding his need for workers’ compensation coverage.  The Second Department panel unanimously agreed with the trial court that the complaint “sufficiently alleged the existence of a special relationship between [the parties] so as to give rise to a duty to advise.”

Andrew Bourne and Josh Blosveren represented our client in the appeal.

Hoguet Newman Regal & Kenney Wins Summary Judgment on Behalf of New York State Housing Finance Agency

On March 23, 2016, Senior Judge Norman A. Mordue of the United States District Court for the Northern District of New York granted summary judgment to  our client New York State Housing Finance Agency (“NYSHFA”), along with two other defendants, dismissing with prejudice all of plaintiffs’ claims in Onondoga Hilltop Homes, Inc. et al v. Syracuse Housing Authority et al, 5:12-CV-626 (NAM/ATB).  Plaintiffs had sued under  Section 8 of the Housing Act claiming that under they were entitled to automatic annual rent increases, and that defendants’ failure to provide them was a breach of the Housing Assistance Payments Contract (“HAP Contract”) between them and NYSHFA.  Judge Mordue also denied plaintiffs’ motion for summary judgment.  Judge Mordue ruled that NYSHFA did not breach the HAP Contract by failing to provide annual adjustments in contract rents because plaintiffs failed to request such adjustments, which were required by a rider to the HAP Contract.  Judge Mordue held that the rider was a part of  the HAP Contract and that its requirement for a request created a condition precedent to any obligation of NYSHFA.  Finally, Judge Mordue ruled that enforcing this condition precedent did not result in a disproportionate forfeiture because the contract rents that plaintiffs received were always greater than the fair market rents published by HUD.

Hoguet Newman Regal & Kenney LLP Partner Joshua Rievman led the defense in this case, with contributions from Laura Hoguet.

Josh Rievman Presents at Center for International Legal Studies’ Lawyering in the International Market Conference

On March 16, 2016, Josh Rievman presented, “New York as an Ideal Place to Litigate International Disputes: The Success of the Commercial Division” at the Centre for International Legal Studies‘ Lawyering in the International Market conference in St. Johann, Austria.

Hoguet Newman Regal & Kenney Suit Over Palm Restaurant License Fees Cleared for Trial

A ruling by a New York Supreme Court justice in a trademark licensing dispute between the founding families of The Palm Restaurant chain has cleared the way for a trial in a lawsuit seeking nearly $80 million in royalties and damages.

Read Hoguet Newman Regal & Kenney, LLP’s full press release on the Palm Restaurant trademark case.

HNRK’s involvement in this case has been featured in both Law360 and the New York Law Journal.

Richard Reice Quoted in Financial Times Article “Wall Street’s Battle of the Banker”

Partner Richard Reice was quoted in a January 24, 2016 Financial Times article entitled, “Wall Street’s Battle of the Bankers”, discussing the role restrictive covenants are playing in a major Wall Street employment lawsuit between an investment bank and its former employee, and in employment agreements as a whole.

Mr. Reice handles the firm’s restrictive covenant litigation within its larger employment practice, and is the writer and editor of Hoguet Newman Regal & Kenney LLP’s Restrictive Covenant Blog.

Andrew N. Bourne Presents on Cyber Insurance in The Knowledge Group’s CLE Webinar

On Monday, January 25, between 3:00pm and 5:00pm, partner Andrew N. Bourne presented on a panel in a Knowledge Group webinar entitled:  “Cyber-Insurance:  Understanding the New System.”  We encourage all of our clients and colleagues to participate in these informative and engaging webinars.

Hoguet Newman Regal & Kenney Wins Summary Judgment On Behalf of Investment Bank Client

As set forth in a December 15, 2015 order, we won summary judgment for investment bank/strategic advisory firm Marlin & Associates Holding LLC in an action to recover an investment banking fee and other contractual payments from telecommunications provider Perseus Telecom Limited. Marlin & Associates Holding v. Perseus Telecom Limited, Index No. 652498/2015 (New York County, Oing, J.).

The Hoguet Newman Regal & Kenney team consisted of attorneys Joshua Rievman and Helene Hechtkopf.

Hoguet Newman Regal & Kenney named to Crain’s 2015 Best Places to Work in NYC

Hoguet Newman Regal & Kenney, LLP recently earned a coveted place on Crain’s New York Business’ “2015 Best Places to Work in NYC” list. The firm is ranked 61st on the list, a marked rise from its rank of 84th in 2014. To be eligible, businesses had to employ 25 or more employees in New York City. Crain’s sent surveys to more than 21,000 employees throughout New York City. The survey questions focused on various topics, from benefits to advancement opportunities.

Marc Aaron Melzer Presents on Social Media Law at NYSBA CLE Program

Marc Aaron Melzer co-presented a session titled “Social Media Defamation: What You Tweet Can Get You Sued” during the New York State Bar Association’s Bridging the Gap CLE program on December 2, 2015, in New York City.

Hoguet Newman Regal & Kenney Defeats Summary Judgment on Behalf of Policyholder Client

As set forth in a September 2, 2015 court decision, we defeated summary judgment motions filed by 30 of our client’s insurance companies that had claimed that pollution exclusions in their policies barred all coverage for our client’s claims. The insurance claims are for defense and settlement costs in excess of $100 million incurred by our client in class action product liability litigation (which was settled without any finding of liability), brought by community water systems alleging that our client’s herbicide product applied to neighboring cropland contaminated their water. The winning argument for our client was that, as a threshold matter, the pollution exclusions cannot apply unless the insurers prove that the substance is a “pollutant” (within the meaning of the exclusions).  The judge agreed, found that the insurers had not established that our client’s herbicide product was a “pollutant” within the meaning of the exclusions, and denied the insurers’ summary judgment motions.

Dorothea Regal, Josh Blosveren, John Curley, Sarah Logue, Jeff Miller and Kerin Lin contributed to the oppositions to the defendants’ motions.

York City.

Hoguet Newman Regal & Kenney Named a 2016 “Best Law Firm” by US News and Best Lawyers

Hoguet Newman Regal & Kenney LLP has been named in the 2016 U.S.News – Best Lawyers “Best Law Firms” rankings. The firm has earned positions in New York City’s Tier Two for Corporate Compliance Law and Corporate Governance Law, and Tier Three for Criminal Defense: White Collar.

The “Best Law Firms” list recognizes firms for professional excellence based on feedback about their abilities, professionalism, and integrity provided by other leading lawyers and clients in the same communities and practice areas. Rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

The 2016 list is being published in November in a special legal issue released by US. News & World Report. The national and metropolitan first–tier rankings will be featured in the 2016 “Best Law Firms” General Counsel Publication. All of the rankings, in all tiers, will be published online at on the Best Firms website.

Ira Lipton and Helene Hechtkopf Present at the APCO Atlantic Conference

Ira Lipton and Helene Hetchkopf presented about “What Public Safety Professionals Need to Know About Technology Contracts and Disputes” at the Association of Public-Safety Communications Officials’ (APCO) Atlantic Conference on October 27, 2015 in Burlington, Vermont.

Josh Blosveren Quoted in Law360 and New York Commercial Litigation Insider Regarding Proposed.

Josh Blosveren was quoted in an April 9, 2014 Law360 article and an April 10, 2014 New York Commercial Litigation Insider article, both of which addressed a new rule and guidelines concerning nonparty e-discovery proposed by the Commercial Division Advisory Council, of which Josh is a member. His subcommittee, the Use of Technology in Commercial Division Cases Subcommittee, drafted the proposed rule and guidelines.

The proposed Rule 34 to Section 202.70 (Rules of the Commercial Division of the Supreme Court) of the Uniform Civil Rules For The Supreme Court And The County Court states that parties and nonparties should adhere to the Guidelines for Discovery of Electronically Stored Information (“ESI”) from Nonparties. The Guidelines are intended to improve the efficiency of nonparty e-discovery and reduce the potential costs and burdens imposed on parties and nonparties by encouraging, among other things, the early identification and discussion of issues relating to nonparty e-discovery

Eight Hoguet Newman Regal & Kenney Lawyers Selected to 2015 New York Metro Super Lawyers®

Hoguet Newman Regal & Kenney, LLP is pleased to announce that eight of the firm’s attorneys were selected for 2015 New York Metro Super Lawyers® lists.  Partners Laura B. HoguetDorothea W. RegalJohn J. Kenney, and Richard M. Reice have been named as Super Lawyers in the 2015 New York Metro Super Lawyers® Magazine.  Ms. Hoguet has been recognized in the areas of Business Litigation and Employment and Labor.  Ms. Regal has been recognized in the areas of Insurance Coverage and Business Litigation.  Mr. Kenney has been recognized in the areas of Business Litigation and Criminal Defense: White Collar.  Mr. Reice has been recognized in the area of Employment and Labor.  These attorneys are among an elite group of New York attorneys to receive this honor, which is awarded to no more than 5 percent of lawyers in the State.

In addition, partners Andrew N. Bourne and Helene R. Hechtkopf, and associates Marc Aaron Melzer and Damian R. Cavaleri, were named to the 2015 New York Metro Rising Stars list by Super Lawyers® Magazine.  “Rising Stars” recognizes top up-and-coming attorneys who are 40 years old or younger, or who have been practicing 10 or fewer years, and is awarded to no more than 2.5 percent of lawyers in the State.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.  The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.  The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Fred Newman Appointed to the First Department Disciplinary Committee for a Third Term

In an August 27, 2015 decision, Justice Eileen Bransten of the Commercial Division of the New York County Supreme Court dismissed all claims brought by a Canadian company against the firm’s client and other individuals and entities accused of conspiring to obtain a controlling interest in a Russian oil company.  The firm’s client was the former President and Chief Executive Officer of a co-defendant company.  In a comprehensive opinion addressing claims that have been litigated in the federal and New York courts for over a decade,  Justice Bransten upheld a favorable decision of a Siberian court determining similar claims and also found that New York lacks personal jurisdiction over our client.

A Law360 article discussing Justice Bransten’s decision can be accessed here.

The Hoguet Newman team consisted of Fred Newman, Josh Blosveren and Kathleen Lowden.

Hoguet Newman Regal & Kenney Strengthens Services of Insurance Coverage Litigation & Counseling Practice; Firm Welcomes Partner Andrew N. Bourne

Hoguet Newman Regal & Kenney, LLP is pleased to announce the expansion of the firm’s Insurance Coverage Litigation & Counseling practice with the arrival of Partner Andrew N. Bourne.  Mr. Bourne will focus his practice on representing corporate and individual policyholders in insurance recovery.  Recognized by New York Super Lawyers – Metro Edition© as a 2013 and 2014 “Rising Star” in insurance, Mr. Bourne represents large and small policyholders in complex and sophisticated coverage disputes across a wide range of industries involving a range of insurance contracts.   Over the course of his career, Mr. Bourne has helped secure hundreds of millions of dollars in coverage for policyholders through negotiation and settlement, arbitration, and litigation.

Prior to joining the firm, Mr. Bourne was a founding partner of a boutique law firm dedicated to representing policyholders with insurance counseling and recovery across virtually all policy lines.  Mr. Bourne also practiced in the leading policyholder coverage practices of two national law firms.  Before entering private practice, Mr. Bourne served as a law clerk for the US. Court of Appeals for the Second Circuit.  Mr. Bourne received his B.A. in economics and political science from the University of Wisconsin-Madison, and his J.D. from Brooklyn Law School.

Dorothea Regal, head of the firm’s Insurance Coverage Litigation & Counseling Practice, said, “Andrew’s considerable experience and skill in representing policyholders will enhance the firm’s capability to handle our clients’ insurance needs and continue to maximize their insurance recoveries, as we proceed to expand the Practice.  We are very pleased to welcome Andrew to the firm.”

Hoguet Newman Regal & Kenney, LLP, was founded in 1996 by senior litigation lawyers dedicated to using their decades of big-firm litigation experience to represent clients faced with sophisticated and demanding legal issues effectively and responsively in a collegial small firm setting.  The firm’s Insurance Coverage Litigation & Counseling Practice is dedicated to maximizing insurance recoveries for policyholders through claim prosecution, negotiation with insurers and litigation or arbitration.  Attorneys in the Practice represent policyholders in all facets of insurance coverage disputes involving a wide range of claims and policies, including property insurance, business interruption coverage, third-party liability insurance for environmental, products, asbestos and other claims, as well as claims under Directors & Officers liability policies, claims under professional liability or Errors & Omissions insurance, employment practices liability claims, multimedia errors and omissions claims, and claims under fidelity bonds.  Attorneys in the Practice have helped their policyholder clients recover hundreds of millions of dollars in coverage.

Hoguet Newman Regal & Kenney Names John Curley and Helene Hechtkopf as Partners

We are pleased to announce that John Curley and Helene Hechtkopf have become partners of the firm.

Mr. Curley’s practice includes complex business litigation and white collar enforcement proceedings.  Recent matters include defending individuals before FINRA and the SEC as well as representing an international bank in trade secrets litigation and a testing company in litigation arising from an explosion and fire at an oil refinery.  Prior to joining the firm, he served as a law clerk to the Honorable Joanna Seybert, US. District Judge for the Eastern District of New York, and before that he was a litigation associate at an international law firm.  He graduated summa cum laude from St. John’s University School of Law. 

E-mail- jcurley@hnrklaw.com

Ms. Hechtkopf’s practice involves a wide range of commercial and employment litigation, appellate litigation, and white collar criminal matters. She has represented individuals in investigations by FINRA and other regulatory agencies. She recently concluded a five-week bench trial in the Southern District of New York representing a state agency in a contract dispute with a large defense contractor.  Ms. Hechtkopf is admitted to practice in the State of New York, State of New Jersey, and the United States District Courts for the Southern District of New York and the Eastern District of New York and the United States Court of Appeals for the Second Circuit.   She graduated cum laude from the Benjamin N. Cardozo School of Law and earned a B.A. with high distinction from the University of Virginia. 

E-mail- hhechtkopf@hnrklaw.com

Josh Rievman Presents at the Centre for International Legal Studies IP Conference

Josh Rievman presents, “Licensing of IP Rights: Issues and Considerations for Drafting and Litigation” at the Centre for International Legal Studies IP conference in Kitzbühel, Austria

Hoguet Newman Regal & Kenney named to Crain’s 2014 Best Places to Work in NYC

Hoguet Newman Regal & Kenney, LLP recently earned a coveted place on Crain’s New York Business’ “2014 Best Places to Work in NYC” list. The firm is ranked 84th on the list. To be eligible, businesses had to employ 25 or more employees in New York City. Crain’s sent surveys to more than 21,000 employees. The survey questions focused on various topics, from benefits to advancement opportunities.

Hoguet Newman Regal & Kenney Wins Summary Judgment on Behalf of MTA in Employment Discrimination Case

On September 30, 2014, the Honorable Vernon S. Broderick of the Southern District of New York issued a ruling in Ortiz v. Metropolitan Transportation Authority, 13 Civ. 1033, granting summary judgment in favor of our client, the MTA and dismissing all of the plaintiff’s claims.  The plaintiff, an MTA Police Officer, had claimed that she was discriminated against on the basis of her race, gender and national origin, and had also alleged retaliation.  Plaintiff claimed that MTA had created a hostile workplace and that it had taken adverse actions against her because of her protected class.  MTA moved for summary judgment on a number of grounds, including that plaintiff had not proven her claims of hostile work environment, adverse action or retaliation, and that many of her claims were barred by the statute of limitations.  The court found for MTA on all of plaintiff’s claims and dismissed plaintiff’s case.

Laura Hoguet, Dorothea Regal, John Kenney, Juan Skirrow, Marc Melzer, and Helene Hechtkopf named New York Superlawyers

Laura Hoguet, Dorothea Regal and John Kenney have been named as Superlawyers in this year’s New York Metro Super Lawyers Magazine. Laura Hoguet has been recognized in the areas of Business Litigation and Employment & Labor. John Kenney has been recognized in the areas of Business Litigation and Criminal Defense: White Collar. Dorothea Regal has been recognized in the areas of Insurance Coverage and Business Litigation. Juan Skirrow , Marc Melzer, and Helene Hechtkopf have been named “rising stars”. The Superlawyer ranking is based upon peer nominations and evaluations, and independent third party research. The firm does not solicit or pay for the designation.

Josh Rievman Leads Legus Panel on Licensing Transactions Across Legal Markets

HNRK partner Josh Rievman facilitated a panel on Perspectives on Licensing Transactions Across Legal Markets: Negotiation, Regulation and Dispute Resolution at the Legus Annual Meeting in Rome, Italy in June.  As part of the panel, Mr. Rievman made a presentation on the negotiation of license agreements and litigation of license disputes in the United States.

HNRK has been an active member of Legus, the international network of law firms, for ten years.

Josh Blosveren Quoted in Law360 and New York Commercial Litigation Insider Regarding Proposed New Commercial Division Rule and Guidelines

Josh Blosveren was quoted in an April 9, 2014 Law360 article and an April 10, 2014 New York Commercial Litigation Insider article, both of which addressed a new rule and guidelines concerning nonparty e-discovery proposed by the Commercial Division Advisory Council, of which Josh is a member. His subcommittee, the Use of Technology in Commercial Division Cases Subcommittee, drafted the proposed rule and guidelines.

The proposed Rule 34 to Section 202.70 (Rules of the Commercial Division of the Supreme Court) of the Uniform Civil Rules For The Supreme Court And The County Court states that parties and nonparties should adhere to the Guidelines for Discovery of Electronically Stored Information (“ESI”) from Nonparties. The Guidelines are intended to improve the efficiency of nonparty e-discovery and reduce the potential costs and burdens imposed on parties and nonparties by encouraging, among other things, the early identification and discussion of issues relating to nonparty e-discovery

Fred Newman Appointed to the First Department Disciplinary Committee for a Third Term

On January 28th, the Justices of the Appellate Division of the Supreme Court, First Department, appointed Fred Newman to a third term on the Court’s Disciplinary Committee.  The Disciplinary Committee is composed of 65 lawyers and a smaller number of non-lawyers appointed by the Court.  Each member is selected by the Court because of his or her knowledge of the law and reputation for integrity and fairness.  They serve voluntarily and without pay, and the Committee has no affiliation with a bar association.  The purpose of the Committee is to protect the public and the legal profession by ensuring that lawyers adhere to the ethical standards set forth in the Rules of Professional Conduct.  The Committee protects the public by reviewing and investigating complaints against lawyers and by recommending sanctions against those who are proven to have violated the Rules. It protects the legal profession by enforcing high standards of conduct, while at the same time ensuring that complaints are dealt with fairly.

The First Department regulates all lawyers in Manhattan and the Bronx.

Appointments are for a term of three years, and there is a limit of two consecutive terms.  Fred served as a Committee Member and Hearing Panel Chair during 2007-2012.  His new appointment follows a sabbatical year off from service, and reappointment for a third term is not usual.  Click here to see a copy of the Court’s appointment.

Fred is also an Adjunct Professor at Fordham University School of Law.  During the Spring 2014 term, he is co-teaching a seminar on Professional Responsibility and Civil Litigation.

Restrictive Covenant Blog Goes Live

The Restrictive Covenant Blog (http://blog.hnrklaw.com) is produced by Hoguet Newman Regal & Kenney, LLP as a service to the public and our clients. It is edited by Richard M. Reice, an HNRK labor and employment partner, and is updated periodically by the firm’s attorneys.

Hoguet Newman Regal & Kenney Listed Second on NYLJ’s 2013 List of 100 Largest Women-Owned Law Firms

Hoguet Newman Regal & Kenney, LLP was listed second on the New York Law Journal’s inaugural chart of the “Largest Women-Owned Law firms in New York State.” To be included on the list, which was published on June 17, 2013, firms must be based in New York and have fifty percent or greater ownership by women.

Hoguet Newman Regal & Kenney Wins Federal Jury Trial

On May 13, 2013, a federal jury returned a verdict in favor of Hoguet Newman Regal & Kenney, LLP’s client, a transit agency, after a week-long trial in the Eastern District of New York.

The plaintiff, a transit employee, alleged that he was retaliated against by his employer and 10 of its present and former employees for making a safety report. Hoguet Newman represented the defendants.

The suit was brought under a federal whistleblower statute: the National Transit Systems Security Act (“NTSSA”), 6 U.S.C. § 1142, which was enacted in 2007 to protect the employees of public transportation systems from retaliation due to having made a safety-related report or complaint (See, Retaliation Claims in the Transit System Context). The plaintiff also brought a First Amendment Claim under 42 U.S.C. § 1983, which was dismissed by Judge John Gleeson at the close of the plaintiff’s case, and several other claims that were dismissed by Judge Gleeson on summary judgment (including a Due Process claim under 42 U.S.C. § 1983 and a claim under the Family Medical Leave Act). All of the individual defendants were dismissed before the case went to the jury.

The jury determined that the transit agency did not retaliate against the plaintiff.

The Hoguet Newman team consisted of Laura Hoguet, Sarah Logue, Jared Jenkins, John Curley, Kathleen Lowden, and Natalia DiPalma.

Laura Hoguet, John Kenney, and Marc Melzer Recognized by Super Lawyers

For the sixth year in a row, Laura Hoguet and John Kenney have been named Super Lawyers in the New York metro region. Laura Hoguet has been recognized in the practice areas of Business Litigation and Employment & Labor, John Kenney in the areas of Business Litigation, Criminal Defense: White Collar, and Corporate Governance & Compliance. In addition, Marc Melzer has been named a Rising Star, which recognizes the best up-and-coming attorneys in each state, in the areas of Business Litigation and Intellectual Property.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Hoguet Newman Regal & Kenney Wins Dismissal on Behalf of Mutual Fund Directors

On March 9, 2012, Justice Charles Ramos granted Hoguet Newman Regal & Kenney’s motion to dismiss charges brought against two former independent directors of a mutual fund.  In 2006, upon news that the principals of the fund’s investment advisor had been indicted for securities fraud and other offenses, the firm’s clients presided over the transition of the fund to a new investment advisor, and its merger and reorganization into a new family of funds.  The court’s opinion, which granted the independent directors’ and the new fund’s respective motions to dismiss, and denied plaintiffs’ cross-motion for a default judgment, provides a useful overview of the legal relationships between the directors of a mutual fund, its financial advisor and the fund’s shareholders, as provided under the Investment Company Act of 1940 and the common law.  John Kenney, Julia Peck, Kathleen Lowden, and Jules Cattie worked on the matter.

New York Court of Appeals Grants Leave to Appeal in Dispute Involving Brazilian Energy Company

On November 22, 2011, the New York Court of Appeals granted the firm’s motion seeking leave to appeal a unanimous decision of the New York Appellate Division, First Department, filed on behalf of our client, a Brazilian energy company.  The case involves our client’s supposed guarantee of a loan granted by an indirect subsidiary.

The Court of Appeals will hear our argument on the choice of law provision in the guarantee, which we have argued requires the New York courts to apply Brazilian law to this case.

Hoguet Newman Regal & Kenney Attorneys Obtain Favorable Sentencing Ruling for Client in Federal Securities Fraud Trial

Hoguet, Newman, Regal & Kenney, LLP attorneys recently represented the former Chief Financial Officer of a pharmaceutical company in a 10 week federal securities fraud trial and subsequent sentencing proceedings in the Southern District of New York.  Despite the jury’s finding that securities fraud violations had occurred, the firm successfully argued at a Fatico hearing that the victim suffered no loss, resulting in the firm’s client receiving a sentence of time-served (no prison).  US. v. Cuti and Tennant, 08 Cr. 972 (SDNY 2011).  The government had recommended a sentence of 60 months and argued that the defendant was eligible for 168 to 210 months under the sentencing guidelines.

The decision has been widely discussed in various legal and business forums.  See, e.g., Law-360, The Increasing Importance of Loss Causation Analysis (October 2011); also reproduced in part on Harvard Law School’s Forum on Corporate Governance and Financial Regulation, at  http://blogs.law.harvard.edu/corpgov/2011/12/08/the-increasing-importance-of-loss-causation-analysis/ 

The Hoguet Newman team was comprised of John J. Kenney, Tai-Heng Cheng, Caitlin Bush and Damian Cavaleri.

Laura Hoguet, John Kenney Named New York Superlawyers for Fifth Year

For five years running, both Laura Hoguet and John Kenney have been named as Superlawyers in the New York Metro area. Laura Hoguet has been recognized in two areas, Business Litigation and Employment & Labor. John Kenney has been recognized in three, Business Litigation, Criminal Defense: White Collar, and Corporate Governance & Compliance. The Superlawyer ranking is based upon peer nominations and evaluations, and independent third party research. The firm does not solicit or pay for the designation.

NYC’s Earned Sick Time Act and NYC Fair Chance Act

Fordham Law Journal Publishes Marc Melzer’s Article, “Copyright Enforcement in the Cloud”

Fordham Law Journal Publishes Marc Melzer’s Article, Copyright Enforcement in the Cloud

DOJ and SEC Issue Guidance on Their FCPA Enforcement Approach

Hoguet Newman Regal & Kenney Wins 3.5 Million Euro for a Hedge Fund Client in an International Arbitration

In an international arbitration award dated November 9, 2010, a three-member Tribunal unanimously awarded 3.5 million euro to a European hedge fund against an asset management subsidiary of a large international bank holding company.

Under a Project Agreement concluded in May 2008, the asset management company was to have invested 30 million euro in the hedge fund for a period of two years, starting from the date that it made the investment. However, the contract did not provide any specific date for the asset management company to make the investment. The asset management company only invested a fraction of the 30 million euro, and, after the collapse of Lehman Brothers in September 2008, the company withdrew its investment.

At the arbitration, the asset management company contended that because it had never invested the full 30 million euro, it had no obligation to lock up any amount for two years, and, in any event, the financial crisis nullified the Project Agreement under its material adverse change clauses. However, Hoguet Newman persuaded the Tribunal that the partial investment was sufficient to trigger all the obligations under the Project Agreement, and the financial crisis did not relieve the asset management company of its obligations.

The Tribunal awarded the hedge fund the full amount of profits it would have made on 30 million euro over two years, the cost of the arbitration, and 90% of attorneys’ fees and expenses.

The Hoguet Newman team was comprised of Tai-Heng Cheng, Sheryl Galler, Kathleen Lowden, Lisa Weitz, Aleksandr Gelerman, Nora Regis and Lee Heyer.

The Defend Trade Secrets Act—A Sea Change in the Fight Against the Misappropriation of Trade Secrets

New Commercial Division Rule and Guidelines

Hoguet Newman Regal & Kenney Wins Dismissal of Action Challenging Ownership of Major Russian Oil Company

In an August 27, 2015 decision, Justice Eileen Bransten of the Commercial Division of the New York County Supreme Court dismissed all claims brought by a Canadian company against the firm’s client and other individuals and entities accused of conspiring to obtain a controlling interest in a Russian oil company.  The firm’s client was the former President and Chief Executive Officer of a co-defendant company.  In a comprehensive opinion addressing claims that have been litigated in the federal and New York courts for over a decade,  Justice Bransten upheld a favorable decision of a Siberian court determining similar claims and also found that New York lacks personal jurisdiction over our client.

A Law360 article discussing Justice Bransten’s decision can be accessed here.

The Hoguet Newman team consisted of Fred Newman, Josh Blosveren and Kathleen Lowden.

HNRK Obtains First Seizure Order Under The Defend Trade Secrets Act

Hoguet Newman Regal & Kenney Defeats Summary Judgment on Behalf of Policyholder Client

As set forth in a Decision and Order dated January 14, 2016, we defeated a motion for summary judgment filed by our client’s former insurance broker. Our client has alleged that the broker failed to properly advise him regarding his need for workers’ compensation coverage. Justice Joseph Santorelli of the New York Supreme Court found that precluding summary judgment were issues of fact regarding the nature of the relationship and communications between the parties.

Andrew Bourne and Josh Blosveren drafted the winning brief.