Dorothea Regal is one of Hoguet Newman Regal & Kenney’s founding partners. She has litigated complex business matters in state and federal courts at the trial and appellate level, winning numerous summary judgments and appeals, for domestic and international clients for decades and, in her insurance practice, has successfully helped policyholders recover hundreds of millions of dollars under a variety of types of insurance policies. She has tried and won federal jury trials. Her practice encompasses litigation and counseling on insurance coverage, complex commercial matters, international business disputes, arbitration, and many types of employment issues.
Ms. Regal has successfully represented and counseled commercial and industrial policyholders in connection with insurance coverage for environmental and asbestos liability claims, products liability coverage, Directors & Officers (D&O) coverage, Errors & Omissions (E&O) coverage, employment practices liability coverage, property damage, and business interruption coverage. She is the lead counsel in an ongoing representation of a major manufacturer of agricultural products in insurance coverage litigation concerning in excess of $100 million, under pre-1986 policies, in connection with class action product liability claims concerning the policyholder’s herbicides. Ms. Regal also represented a major nearby property owner in connection with its insurance claims arising out of the September 11, 2001 destruction of the World Trade Center in New York
City, and she has participated in major environmental insurance coverage litigation against liability insurers in the United States and abroad.
She is Co-Chair of the Business Interruption Subcommittee of the ABA Section of Litigation’s Insurance Coverage Litigation Committee. Additionally, she is a frequent presenter and writer on insurance law matters, includingRisky Business with Cyber Insurance — Sunglasses Not Optional; Is There Coverage for Time Element Losses Incurred or Ascertained (Arguably) Outside the Period of Recovery?”; Clawbacks: Will Your D&O Policy Provide Coverage?; The Professional Services Exclusion: What are Professional Services Anyway?; Aftermath of a Disaster: Emergency Response and Crisis Management Following a Catastrophic Environmental Loss and the Role of Insurance Counsel, and My Building Survived the Storm, but Will My Business?
Ms. Regal has successfully represented employers in employment litigation alleging discrimination, harassment or retaliation in state and federal courts and administrative agencies and has counseled individual clients on employment-related matters such as separations and new employment contracts. She has won many summary judgments in federal court for employers on employment claims of discrimination, harassment, and retaliation.
Ms. Regal has successfully handled many letter of credit cases and counseled clients in this highly specialized area, representing banks, including bank-to-bank issues, or their customers or beneficiaries. She has authored several publications on letters of credit and has lectured on that topic for the Practicing Law Institute and the New York County Lawyers’ Association. She is the co-author of the Letter of Credit chapter in the inaugural West publication of Commercial Litigation in New York State Courts (West 1995). Her publications include: ALetter of Credit Litigation,” inInternational Commercial Litigation: United States Litigation Yearbook (Euromoney, Dec. 1996/Jan. 1997); “Letters of Credit,” inCommercial Litigation in New York State CourtsWest 1995 & Supp. 1996; “Impossibility of Performance: In Texas, a Letter of Credit is an Ordinary Contract,”Letters of Credit Report, Sept./Oct. 1990; “Impossibility of Performance Does Not Excuse a Failure to Comply with Documentary Requirements,” Letters of Credit ReportJan./Feb. 1990; “The Emerging Fraud Exception,” Letters of Credit Report, introductory issue, 1986.
Ms. Regal is a member of the American Bar Association, the Insurance Coverage Litigation Committee of the ABA Section of Litigation (ICLC), and the ABA Women in Insurance Network (WIN), and is a Co-Chair of the Business Interruption Subcommittee of the ICLC. Ms. Regal also is a member of the Association of the Bar of the City of New York and has served on Committees of the Association (Committee on Litigation, Committee on the Judiciary). She is a former Chairperson of the Committee on State Constitution of the New York State Bar Association and a member of the bar of the State of New York, the United States District Courts for the Southern, Eastern and Northern Districts of New York, the United States District Court for the District of Columbia, the Second and Fifth Circuit Courts of Appeals and the United States Supreme Court.
Ms. Regal graduated from Vassar College in 1968 and from Brooklyn Law School, magna cum laude, in 1978. She was the Editor-in-Chief of theBrooklyn Law Review (1977-78) and a Trustee of the Brooklyn Law School (1980-82). Ms. Regal was a corporate and litigation associate at White & Case from 1978 through 1995.
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.
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.
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.
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.
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.
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.
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.