Insurance Recovery Attorney | Anderson Kill LLP

Daniel J. Healy

Partner
Washington, DC

Daniel J. Healy is a partner in Anderson Kill's Washington, D.C. office. He started his career with Anderson Kill over 20 years ago, served for five years as a Trial Attorney with the U.S. Department of Justice, Tax Division and currently represents policyholders seeking insurance coverage.

Dan Co-Chair's Anderson Kill's Cyber Insurance Recovery Practice Group and is a member of the firm's Technology, Media and Distributed Systems and COVID Task Groups.  Since 2018, Dan has been selected by his peers for inclusion in The Best Lawyers in America for Insurance Litigation and recognized by Super Lawyers for Insurance Coverage.  In 2019, he was selected for inclusion in the American College of Coverage Counsel.  While at the Department of Justice, he received numerous Outstanding Attorney awards and served as the E-Discovery Coordinator for the Tax Division.

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  • Successfully tried to verdict before a jury Certain Underwriters at Lloyd's London et al. v. National Railroad Passenger Corp. (“Amtrak”), et. al., in New York federal court, representing Amtrak in declaratory judgment action filed against it by London insurers denying employee injury claims and environmental liabilities.  Won seven figure verdict on trial of initial test environmental site and settlements followed.
  • Represented Colgate-Palmolive before the Pennsylvania Department of Insurance regarding its insurance company’s sale of long-tail claims to an offshore insurance company.  Testified at hearing before the Department on behalf of policyholders. 
  • Represented amicus curiae before the Maryland Court of Appeals in an insurance company challenge to state law requiring insurance companies to demonstrate prejudice if they deny coverage based on late notice.  The Court of Appeals rejected the insurance company arguments and found now prejudice, despite a multi-year delay.  National Union Fire Insurance Co. of Pittsburgh PA. v. Fund for Animals, 451 Md. 431 (2017).
  • Represented Interstate Hotel Management in multi-party, multi-insurance company dispute involving indemnity, additional insurance and insurance coverage issues.  Successfully resolved the coverage issues via mediation involving the underlying liabilities.
  • Represented the policyholder in National Railroad Passenger Corp. (“Amtrak”) v. Arch Specialty Ins. Co. et al. in New York federal court seeking coverage for first-party property losses following SuperStorm Sandy.  Reached resolution by settlement with the primary layer of insurance companies in less than a year after filing suit.  The excess layers appealed as did the policyholder to the Second Circuit, which remanded the case to district court. 
  • Represented the plaintiff in Kozlowski v. Corporate Officers and Directors Assurance Ltd. in a London arbitration proceeding for D&O coverage for the corporate conglomerate Tyco International, Ltd.
  • Represented plaintiff in Nissenbaum v. AXA Equitable Life Ins. Co. (N.Y. Supreme) in obtaining a ruling that a claim for bad faith against the insurance company survived summary judgment and could be tried by a jury.
  • Represented publishing company in arbitration against partner in publishing educational materials.  Arbitrator found the partner had engaged in a bad faith breach of contract under DC law and award complete relief to the publisher.
  • Represented the defendant in Aetna Life Insurance Company v. Esselte Corporation in New York federal court which resulted in a jury verdict in favor of Esselte, an employer that was sued by the administrator (TPA) and insurer of its self-funded benefits plan over the payment of medical claims.  Among other things, the jury required the plaintiffs to pay Esselte's attorneys’ fees.
  • Drafted the appellate briefs in McCauley v. First Unum Life Insurance Co. which resulted in a landmark decision from the Second Circuit that completely reversed the trial court's decision and remanded the case for a damages determination.  551 F.3d 126 (2d Cir. 2008).
  • Represented the United States in Millennium Marketing Group, Inc. v. United States involving allegedly unauthorized disclosures of the tax return information of a welfare benefits plan which claimed that it suffered nearly $50 million in damages.  Obtained summary judgment in favor of the United States, dismissing all claims.
  • Represented the United States in CLIPT LLC v. United States, as lead counsel, in a tax shelter litigation involving TEFRA and so-called DAD transactions, Son of BOSS transactions and REPO transactions that were engaged in over the course of a six-year period.  Case resolved by settlement.
  • Represented the United States, as lead counsel, in United States v. Crissman, which involved claims to property subject to a mortgage that had been traded as part of a mortgage portfolio and was serviced by a mortgage servicing company.  Obtained summary judgment in favor of the United States.
  • Represented the plaintiff in NetRatings, Inc. v. National Union Fire Insurance Co. which resulted in a settlement prior to the taking of any depositions.  The plaintiff sought insurance coverage for patent infringement claims that had been brought against it based on its use of certain computer software and business methods.
  • Represented the defendant in The O Zon, Inc. v. Charles which resulted in the dismissal of all claims against the defendant after the defendant filed a single motion.  The plaintiff had filed a complaint alleging claims under the Lanham Act, common law unfair competition and common law breach of contract all of which related to purported trade secrets claimed by the plaintiff.
  • Represented the plaintiff in Symbollon Pharmaceuticals v. Rogan which resulted in a decision on summary judgment.  The U.S. Patent Office had denied the plaintiff the priority date claimed in plaintiff’s PCT patent application allegedly based upon an error in the plaintiff's application.  Obtained reversal of that denial prior to discovery.
  • Represented the United States in United States v. Rocky Mountain Holdings, Inc. as lead counsel through trial and post-trial arguments regarding constructive fraud.
  • Represented the United States, as lead counsel, in numerous cases involving employment withholding tax liabilities, such as: United States v. McCloskey (W.D. Pa.) – summary judgment in favor of the United States, finding the corporate officer liable for the tax liabilities despite that his bookkeeper had embezzled the funds; and United States v. Grello, (D.N.J.) – finding  corporate officer personally liable and that he had engaged in subsequent fraudulent transfer subject to tax liens.
  • Represented the United States in Estate of Robert Bowen v. United States (D.Md.), denying estate’s over $1 million refund claim based on the decedent’s purported yacht business and holding the estate failed to prove any of its claims.
  • Represented the plaintiff in Phaedra Partners Ltd. v. The Travelers Property Casualty Corp. which was settled just after the plaintiff filed its summary judgment motion.  The plaintiff sought insurance coverage for business income and business interruption losses arising out of damage to several of its properties.
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New Developments in COVID-19 Insurance Coverage Litigation
Risk Management Magazine (RMM) | December 01, 2020
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COVID-19 and Insurance for Construction Delays
Washington D.C. - Alert | March 27, 2020
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The Implication of Silent Cyber Coverage Restrictions
Risk Management Magazine (Fine Print) | October 07, 2019
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Finding Coverage for GDPR Liabilities
Risk Management Magazine | December 10, 2018
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Don’t Assume No Coverage for GDPR
Policyholder Advisor & Alert | October 25, 2018
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New GDPR Law Triggers New Risks - And a Panoply of Coverage Issues
Corporate Counsel Business Journal | September 07, 2018
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Court Finds No Jurisdiction Over Claims Concerning Cryptocurrency
Blockchain and Virtual Currency Alert | May 04, 2018
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Twelve Tips to Optimize Your Indemnity Provisions and Related Insurance Coverage
Association of Corporate Counsel, Baltimore Chapter, Focus Newsletter | September 15, 2017
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Using Insurance to Transfer Transaction Risks
Metropolitan Corporate Counsel | July 05, 2017
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Directors and Officers May Need to Re-think Coverage in a Cyber World
The Insurance Research Letter | October 03, 2016
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Beyond Cyber Insurance: Protecting Directors & Officers from Cyber Liability
ACC Baltimore, Focus newsletter | September 01, 2016
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D&O Coverage in a Cyber World
Policyholder Advisor & Alert | August 31, 2016
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Recognizing and Combating Bad-Faith Claim Tactics
Coverage Journal | August 11, 2016
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Directors Should Look Beyond Cyber Insurance
Metropolitan Corporate Counsel | July 06, 2016
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Ten Tips to Obtain Your Insurance Recovery
ACC Baltimore, Focus newsletter | September 01, 2015
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Self-administering, Insuring and Funding Benefit Plans
Human Resources 2007 | April 25, 2007
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Ten Traps to Avoid When Negotiating Self-Funded Benefits Plans
Compensation Benefits Review | August 01, 2006
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Self-Funded Benefits Plans: Up-Front Savings, but Hidden Costs
Coverage | February 01, 2006
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Giving Teeth to the US Nexus Policy
IPO Cybersquatting Committee, drafted and proposed resolutions that were formally adopted by the IPO | December 01, 2005
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The PTO Has A Duty to Correct Its Errors in Receiving PCT Applications
The John Marshall Law School, Center For Intellectual Property Newsletter | December 01, 2004
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Forum Over Substance: Factors to Consider in Bringing A Dispute Resolution Proceeding Against A Domain Name
Report for the IPO Cybersquatting Committee, adopted | December 01, 2003
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Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur
The Journal Of Appellate Practice And Process | October 23, 2003
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Insurance Coverage Issues in the Opioid Context: Insurance Coverage Issues Relating to the Insuring Agreement

Perrin Opioid Litigation Virtual Conferences

September 09, 2021  |  Washington, DC
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Contractual Risk Transfer Virtual August Workshop Session 6

RIMS

August 17, 2021  |  Washington, D.C.
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Contractual Risk Transfer Virtual August Workshop Session 5

RIMS

August 16, 2021  |  Washington, D.C.
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Contractual Risk Transfer Virtual June Workshop Session 4

RIMS

June 04, 2021  |  Washington, D.C.
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Contractual Risk Transfer Virtual June Workshop Session 3

RIMS

June 03, 2021  |  Washington, D.C.
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A 360 Degree View from Fiduciary Experts

EPIC Insurance Brokers and Consultants

May 12, 2021  |  Washington, D.C.
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Anderson Kill Presents its 6th Annual Cyber Insurance Recovery Webinar

Anderson Kill

May 06, 2021  |  New York, NY
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Update on Cyber Coverage: Key Decisions Affecting Potential Recoveries

American Bankers Association Annual Insurance Risk Forum

March 23, 2021  |  Washington, D.C.
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Contractual Risk Transfer Virtual March 2021 Workshop Session 2

RIMS

March 11, 2021  |  Washington, D.C.
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Contractual Risk Transfer Virtual March 2021 Workshop Session 1

RIMS

March 10, 2021  |  Washington, D.C.
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Contractual Risk Transfer Virtual Workshop Session 2

RIMS

December 04, 2020  |  Washington, DC
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Contractual Risk Transfer Virtual Workshop Session 1

RIMS

December 03, 2020  |  Washington , DC
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Insurance Coverage Issues in The Opioid Context

Perrin Opioid Litigation Conference

October 29, 2020  |  Washington, D.C.
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Strategies to Ensure Commercial Carriers Pay Claims

2020 Bank Captive Peer Summit

September 24, 2020  |  Washington, District of Columbia
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COVID-19 - Your Insurance Company Denied Your Claim, So Now What?

ACC Baltimore Chapter

September 14, 2020  |  Washington, District of Columbia
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50 Ways to Leave Your Lover? Even More to be Hoodwinked by Your TPA

Anderson Kill

September 10, 2020  |  New York, NY
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COVID Liability: Preparing for Litigation and Indemnity in a Pandemic World

Houston Chapter of RIMS, TrustLayer & InsurtechNY

May 13, 2020  |  Washington, D.C.
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Pursuing Coverage for COVID-19 Losses

Trial Guides, LLC

May 05, 2020  |  Washington, D.C.
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Insurance Coverage Stemming from the Coronavirus

Association Trends

April 21, 2020  |  Washington, DC
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Contractual Risk Transfer

RIMS

March 20, 2020  |  San Diego, CA
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Contractual Risk Transfer

RIMS

March 19, 2020  |  San Diego, CA
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Emerging Legal Issues in Insurance Risk Management

RIMS Chesapeake Chapter

February 20, 2020  |  Baltimore, MD
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How Big Data is Changing the Litigation Landscape

Association of Corporate Counsel Baltimore Chapter

December 10, 2019  |  Baltimore, MD
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How Big Data Is Changing the Litigation Landscape

Anderson Kill's 23rd Annual Policyholder Advisor Conference "Maximizing Your Insurance Recovery"

November 06, 2019  |  New York, NY
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Maximizing Insurance Coverage: Technology Risks, Cyber Crime & Regulatory Exposures

HB Litigation Conferences

June 26, 2019  |  Washington, DC
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Insurance Coverage for Emerging Technology Risks

Lawline

May 20, 2019  |  Washington, DC
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Biometrics, Blockchain and Belligerence: Technology Risks and Insurance Protection

Anderson Kill Presents Its 5th Annual Cyber Insurance Recovery Conference

May 09, 2019  |  New York, NY
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Contractual Risk Transfer

2019 RIMS National Conference

April 28, 2019  |  Boston, MA
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Contractual Risk Transfer

2019 RIMS National Conference

April 27, 2019  |  Boston, MA
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Blockchain and Liability

Advisen 2019 Cyber Risks Insights Conference

February 20, 2019  |  San Francisco, CA
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That's Your Loss, Not Mine: Contractual Indemnity Provisions and Insurance Coverage

Clear Law Institute

January 14, 2019  |  Washington, DC
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Understanding Blockchain Technology Risks and Insurance Coverage Issues

Clear Law Institute

January 08, 2019  |  Washington, DC
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Understanding Cyber Crime Policies and Pursuing Coverage

American Bankers Association

December 12, 2018  |  Washington, DC
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Cyber Breaches and Insurance Protection

Association of Corporate Counsel Baltimore Chapter

December 06, 2018  |  Baltimore, MD
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Understanding Risks from Blockchain Technology and Applicable Insurance Coverage

NYS Society of CPAs - Digital Assets Committee

November 20, 2018  |  New York, NY
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How Strategy and Careful Planning Can Make Lawsuits Disappear

Anderson Kill's 22nd Annual Policyholder Advisor Conference 'Maximizing Your Insurance Recovery'

November 01, 2018  |  New York, NY
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Getting Maximum Coverage for Cyber Losses

Clear Law Institute

October 23, 2018  |  DC, Washington
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Swipe Right on Insurance: Risk and Coverage Implications for Mobile Apps and Social Media Platforms

RIMS Chesapeake Chapter

October 18, 2018  |  Linthicum Heights, MD
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Captive Innovation and Cyber Risk Cap-a-thon 2018

Connecticut Captives Insurance Association

October 17, 2018  |  Hartford, CT
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Swipe Right on Insurance: Risks & Coverage Implications for Mobile Apps and Social Media Platforms

2018 Southeastern RIMS Conference

September 27, 2018  |  Myrtle Beach, SC
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Understanding Blockchain Technology Risks and Insurance Coverage Issues

Clear Law Institute

September 26, 2018  |  Washington, DC
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That's Your Loss, Not Mine: Ten Tips for Successfully Aligning Indemnity Contracts with Insurance Policies

Greater Philadelphia Association of Corporate Counsel

September 13, 2018  |  Philadelphia, PA
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Prevention, Responding to a Crisis & Preparing for What Lies Ahead

Simply CLE and the International Business Initiative present Hacking: Practical Advice for Businesses and Entities

August 17, 2018  |  Philadelphia, PA
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Insurance

Simply CLE and the International Business Initiative present Hacking: Practical Advice for Businesses and Entities

August 17, 2018  |  Philadelphia, PA
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Statutory and Civil Liability: Preventing and Defending a Claim

Simply CLE and the International Business Initiative present Hacking: Practical Advice for Businesses and Entities

August 17, 2018  |  Philadelphia, PA
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Directors and Officers Liability: Responding to Recent Surge in Claims and Lawsuits

Clear Law Institute

June 28, 2018  |  Washington, DC
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Coverage for Cyber Losses: As the Risks Grow, Will You Be Ready?

Anderson Kill

June 07, 2018  |  Washington, DC
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Anderson Kill's 1st Annual Blockchain and Virtual Currency Conference

Anderson Kill

May 23, 2018  |  New York, NY
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Anderson Kill's 4th Annual Cyber Insurance Recovery Conference

Anderson Kill

May 09, 2018  |  New York, NY
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Risk Management

2018 PLUS Cyber University

May 02, 2018  |  Chicago, IL
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Blockchain Technology and Litigation Risk: When Good Ledgers Go Bad

ACC Central Pennsylvania Chapter

April 23, 2018  |  Marietta, PA
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Contracts and Agreements

American Association of Port Authorities

April 17, 2018  |  Savannah, GA
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Impact, Recovery, and Lessons Learned from Cyber Attacks

American Association of Port Authorities

April 17, 2018  |  Savannah, GA
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Contractual Risk Transfer Workshop

RIMS

April 15, 2018  |  San Antonio, TX
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Contractual Risk Transfer Workshop

RIMS

April 14, 2018  |  San Antonio, TX
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Cyber Perils Risk Management: Insurance In A State of Flux

2018 Ole Miss Insurance Symposium

March 22, 2018  |  University, MS
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Blockchain Technology and Litigation Risk: When Good Ledgers Go Bad

New York RIMS Chapter

March 15, 2018  |  New York, NY
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Directors & Officers Liability: Recent Surge in Claims and Lawsuits

Strafford Publications Webinar

March 14, 2018  |  Washingon, DC
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2017 Natural Disasters - How Is Your Insurance Company Responding

American Bar Association, ABA Insurance Risk Management Annual Forum

January 23, 2018  |  Austin, TX
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Cybersecurity Compliance and Data Breach Response in Light of the Equifax Breach and Evolving Regulatory Landscape

American Bar Association, Business Law Section

January 07, 2018  |  Park City, UT
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Contractual Risk Transfer

RIMS

December 12, 2017  |  New York, NY
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Blockchain Technology and Litigation Risk: When Good Ledgers Go Bad

Anderson Kill

December 07, 2017  |  New York, NY
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Insurance Recovery for Environmental Liabilities: Navigating Occurrences, Triggers, Exclusions and Covered Damages?

Anderson Kill’s 21st Annual Policyholder Advisor Conference “Maximizing Your Insurance Recovery”, Breakout Session: Important Issues Affecting Key Industries

November 09, 2017  |  New York, NY
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Emerging Legal Issues in Risk Management

Virginia RIMS Chapter

October 05, 2017  |  Virginia Beach, VA
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Contractual Indemnity Provisions and Insurance Coverage for Those Indemnity Obligations

Association of Corporate Counsel Baltimore Chapter

July 11, 2017  |  Baltimore, MD
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Contractual Risk Transfer

RIMS

April 27, 2017  |  Philadelphia, PA
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Contractual Risk Transfer

RIMS

April 23, 2017  |  Philadelphia, PA
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Ten Tips for Nailing Down Responsive Cyber Coverage

RIMS Alabama Chapter

April 11, 2017  |  Birmington, AL
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Contractual Risk Transfer

RIMS Dallas Chapter

February 06, 2017  |  Dallas, TX
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Top Ten Tips for Getting Claims Paid

Association of Corporate Counsel Baltimore Chapter

December 19, 2016  |  Baltimore, MD
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Identifying, Assessing, Insuring, and Defending Against Cyber Risk

HB Litigation Conferences Mid-Atlantic Corporate Counsel Forum

December 05, 2016  |  Tysons Corner, VA
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How to Build a Responsive Cyber Insurance Program and Get Claims Covered

Anderson Kill's 20th Annual Policyholder Advisor Conference "Maximizing Your Insurance Recovery"

November 11, 2016  |  New York, NY
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Everything a Risk Manager Needs to Know About D&O Liability

RIMS PERK Chesapeake Chapter

September 15, 2016  |  Baltimore, MD
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FINTech: Preemptive Strike: Strategic Defenses to Combat Cyber Attacks

American Bar Association

September 09, 2016  |  Boston, MA
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D&O Insurance 2016: Emerging Risks and Essential Strategies

Anderson Kill's 14th Annual D&O Conference

June 07, 2016  |  New York, NY
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Can Cyber Insurance Stand in the (Data) Breach? How to Maximize Coverage in a Buyer's Market

Anderson Kill's 2nd Annual Cyber Insurance Recovery Conference

May 12, 2016  |  New York, NY
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What Every In-House Counsel Needs to Know About Data Security

Baltimore Association of Corporate Counsel

November 18, 2015  |  Baltimore, MD
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Bad Faith Recovery for Insurance Denials

Anderson Kill's 19th Annual Policyholder Advisor Conference 'Maximizing Your Insurance Recovery'

October 29, 2015  |  New York, NY
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Do You Know Why Goldman Sachs Picked a Health Insurance Company for its 'Buy' List? Your Health Insurance Rates Are Rising While Health Care Costs Are Falling

Anderson Kill's 18th Annual Policyholder Advisor Conference

October 23, 2014  |  New York, NY
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Understanding the Mechanisms & Tools for Protecting Your Business Through Contractual Risk Transfer

Association of Corporate Counsel Baltimore Chapter

November 14, 2013  |  Baltimore, MD
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The Best Defense is a Good Offense: Auditing Your Business' Health Insurance Plan

Anderson Kill's 17th Annual Policyholder Advisor Conference

October 17, 2013  |  New York, NY
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@SmartRiskManagement: How Can I Avoid Risk Management Disasters Arising Out of the Use of Twitter and Other Social Media? #risk mitigation #protocols #procedures #employees

RIMS PERK Potomac Chapter

February 20, 2013  |  Washington, DC
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Performance Review: Is Your Insurance Coverage For Employment-Related Claims Working To Its Potential

Palm Beach County RIMS Chapter

December 08, 2012  |  West Palm Beach, FL
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Risk Management Post-PPACA

Anderson Kill's 16th Annual Policyholder Advisor Conference

October 25, 2012  |  New York, NY
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Health Reform 2012: Where We Stand Today

New Orleans RIMS Chapter

October 10, 2012  |  New Orleans, LA
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UP CLOSE: Daniel J. Healy
Business Insurance

EDUCATION

Fordham University, J.D.

Siena College, B.A.

Editor, Fordham Urban Law Journal

BAR ADMISSIONS

New York, District of Columbia and Maryland

COURT ADMISSIONS

United States Supreme Court and numerous Federal Courts of Appeal and District Courts