Bradley J. Nash

Experience

Insurance Coverage:

• Obtained preliminary injunction on behalf of CEO of Ozy Media, Inc., directing D&O insurer to advance defense costs for defense of a criminal prosecution in the Eastern District of New York. Clear Blue Specialty Ins. Co. v. Ozy Media, Inc., ___ F. Supp. 3d ___, 2023 WL 3046796 (N.D. Cal. Apr. 20, 2023).
• Won summary judgment on behalf of a romaine lettuce producer seeking coverage under a product contamination policy for losses arising from E. coli outbreaks. GreenGate Fresh LLLP v. Houston Casualty Company, 216 A.D.3d 593 (1st Dep’t 2023).
• Obtained preliminary injunction on behalf of a hedge fund manager, directing excess D&O insurers to pay up to $15 million for defense costs in a complex federal securities fraud prosecution. Freedom Specialty Ins. Co. v. Platinum Management (NY), LLC, 2017 WL 6610417 (Sup. Ct. N.Y. Co. Dec. 27, 2017).
• Obtained TRO (and later preliminary injunction) directing D&O carrier to pay insured officer’s post-conviction defense fees, resulting in the first reported decision in New York state court granting injunctive relief against an insurance carrier for advancement of defense costs. Dupree v. Scottsdale Ins. Co., 96 A.D.3d 546 (1st Dep’t 2012).
• Currently serving as insurance coverage counsel to the Long Island Power Authority in ongoing litigation arising from Superstorm Sandy.
• Obtained defense coverage for owners of the National Lampoon brand under commercial liability and film producers liability policies.
• Successfully defended a real estate investment and management company against allegations of premium fraud by a workers’ compensation insurer, and secured coverage for a fatal injury suffered by a facilities manager.
• Represented a beneficiary of a $13 million life insurance policy in litigation over distribution of policy proceeds; the case settled on favorable terms just before trial.
• Successfully negotiated defense coverage on behalf of a U.S. film production company for proceedings in China arising from injuries suffered by a stunt actor.
• Successfully negotiated insurance coverage that facilitated the favorable settlement of a multimillion-dollar dispute between a cooperative apartment and tenant-shareholder over property damage.
• Negotiated business interruption coverage on behalf of major catering company.
• Represented policyholder seeking coverage under a computer fraud policy for losses from an $18 million Medicare fraud.

 

Business Litigation:

• Obtained dismissal of lawsuit against leading small business lender, arising from loans under the CARES Act and Paycheck Protection Program enacted in response to the COVID-19 pandemic.
• Obtained dismissal on appeal of an investment bank’s claim for a transaction fee arising from a failed acquisition of a Nevada gold mine. Miller Tabak + Co., LLC v. Senetek PLC, 118 A.D.3d 520 (1st Dep’t 2014).
• Representing minority owner of a Bitcoin ATM business in derivative litigation against majority owner.
• Defended a Texas-based oil and gas company in a derivative action challenging a $200 million financing transaction with a New York hedge fund. Successfully defeated a preliminary injunction motion at the outset of the case that sought to freeze the proceeds of a sale of 43 oil and gas fields in the Gulf of Mexico.
• Represented a real estate investment trust in consolidated derivative litigation against the company’s directors, in connection with the write down of a $38 million mezzanine loan.
• Defended sellers of an e-discovery business in litigation alleging fraud and breaches of representations and warranties in an asset purchase agreement.
• Represented a group of institutional investors in a novel proceeding in New York state court challenging Bank of America’s $8.5 billion settlement of claims arising from investments in mortgage-backed securities.
• Represented a foreign investment advisory firm and its principal in a civil insider trading action by the SEC. Successfully briefed a motion to release $2.7 million in client funds that were frozen by the court at the outset of the case.

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