Profile

William G. Passannante is a nationally recognized authority on policyholder insurance recovery in D&O, E&O, asbestos, environmental, property, food-borne illness, and other insurance disputes, with an emphasis on insurance recovery for corporate policyholders and educational and governmental institutions.

According to clients quoted in Chambers USA, he is touted as, "A terrific policyholder lawyer" and "a tremendous tactician and an incredible trial lawyer." According to Chambers USA, he is the “go-to attorney for high-dollar insurance coverage litigation,” and “knows the industry inside-out.” "Mr. Passannante is well regarded for his client counseling and impressive advocacy, and has the perceptive ability to wade through legalese and identify the most salient and important issues. He relates to his clients with integrity, determination and devotion. He has a good sense of humor and is passionate about his work."

Mr. Passannante is co-chair of Anderson Kill's Insurance Recovery Group. He is also a member of Anderson Kill's Cyber Insurance Recovery Group and the COVID Task Group. He has represented policyholders in major precedent-setting cases argued in trial and appellate courts throughout the country. Law360 recognized Mr. Passannante as 2013 MVP in the Insurance category, and he has been recognized in Chambers USA in every year since 2006 as a leading insurance recovery attorney. The Legal 500 United States consistency includes him on their elite "Leading lawyers" list and he is recommended for Insurance - advice to policyholders. Since 2010, Mr. Passannante has been selected by his peers for listing in The Best Lawyers in America. He has also been rated "AV® Preeminent™ Peer Review Rated," the top rating, 5.0 out of 5.0, by his peers and was also designated a 2020 Top Rated Lawyer as listed in Martindale Hubbell.

He has represented The Glidden Company, The Trustees of Princeton University, The City of Peekskill, Colgate-Palmolive Company, Franchisees of Taco Bell, HLTH Corporation/WebMD, Yum! Brands, Picker International, Weyerhaeuser Company, Occidental Chemical Company, Imperial Chemical Industries, Hill's Pet Nutrition, Inc., The Lefrak Organization, Quest Diagnostics, Automatic Data Processing, Fleming Companies, Inc., and others.

Mr. Passannante was a drafter of the precedent-setting Weyerhaeuser case in the Supreme Court of the State of Washington, which held that no overt threat against a policyholder is required to trigger insurance policies. Mr. Passannante co-chaired the program "Current Issues in D&O and Professional Liability Insurance" sponsored by the ABCNY and the ABA, and chairs the firm’s annual D&O Insurance Conference.

He has testified before the New York State Legislature regarding the insurance industry response to the victims of terrorist attacks. Mr. Passannante is an editor of the book, "The Policyholder Advisor,” and has published widely including in "Risk Management," "The (ABA) Brief," "Corporate Counsel Magazine," "Policyholder Advisor," "Copyright World," "Healthcare Financial Management," "Insurance Litigation Reporter," and "Mealey's Insurance."

Mr. Passannante is a Regis High School class representative (2006-present), and was a member of the Regis High School Alumni Board (2006-2009) and the school’s Executive Council (1998-2006). Prior to joining Anderson Kill, Mr. Passannante was a Financial, Industrial, and Econometric Consultant with Standard and Poor's/Data Resources, Inc.

 

Memberships

Professional Memberships
Fellow, American Bar Foundation (2019-Present), New York State Bar Association, Vice-Chair of the Professionals, Officers and Directors Liability Committee of the Tort and Insurance Practice Section of the American Bar Association (Past), a member of the Directors and Officers Liability Committee of the Insurance Committee of the Association of the Bar of the City of New York (Past); member, Securities Litigation Committee of the Association of the Bar of the City of New York (Past); Federal Bar Council; and International Bar Association.

Association Memberships
National Association of Corporate Directors (NACD), Public Risk Management Association (PRIMA) (Past), American Bankers Association; American Judicature Society.

Experience

City of Peekskill New York – Represented City of Peekskill for insurance recovery related to the claims of wrongful arrest, conviction and incarceration in Deskovic v. City of Peekskill, 894 F.Supp.2d 443 (S.D.N.Y. 2012).

Crestview Advisors – Represent policyholder to recover D&O liability insurance related to underlying Delaware corporate litigation.  Crestview Advisors, L.L.C. v. St. Paul Fire and Marine Ins. Co., New York Supreme Court, Index No. 651386/20 (New York County 2020).

Lord & Taylor LLC — represent policyholder in cyber-related insurance claim.  Lord & Taylor LLC v. Great American Ins. Co., No. 1:18-cv-12312 (S.D.N.Y. 2018). 

Yum! Brands — represent policyholder to recover retained amount insurance policy under global worldwide insurance program.  Yum! Brands, Inc. v. Clarendon America Ins. Co., No.: C-12-05973-LB (U.S.D.C., N.D. CA. 2013).

MAXXAM Inc. and Charles Hurwitz v. National Union – Represented MAXXAM and Charles Hurwitz to recover D&O insurance for the defense of FDIC claims recounted in Federal Deposit Insurance Corporation (F.D.I.C.) v. Charles E. Hurwitz, 384 F. Supp. 2d 1039 (S.D. Tex.)(“This is a cautionary tale where the emperor has new clothes — a bandit’s mask.”).

Executive Plaza — Clause limited time in which to bring suit under fire policy to two years from date of fire. Policy says that policyholder may recover cost of replacing destroyed property after property has been replaced. Court held that such contractual limitation period, in situation where property cannot reasonably be replaced in two years, is unreasonable and unenforceable. Executive Plaza, LLC v. Peerless Insurance, 22 N.Y.3d 511, 5 N.E.3d 989, 982 N.Y.S.2d 826 (2014).

U.S. Bancorp — represent bank in professional liability insurance matter regarding so-called “disgorgement” defense.  U.S. Bank N.A. v. Indian Harbor Ins. Co., 68 F. Supp. 3d 1044 (D. Minn. 2014).

Colgate-Palmolive — represent policyholder to recover liability insurance for alleged product liability actions.  Colgate-Palmolive Company v. OneBeacon America Ins. Co. and Resolute Management, Inc., No. 651193/2011 (N.Y. County 2013).

Acella Pharmaceuticals — represent pharmaceutical manufacturer with regard to insurance coverage.  Gemini Insurance v. Acella Pharmaceuticals, LLC, et al., No. 1:2018cv04378 (SJS) (SDNY 2019).

Host Terminals — represent policyholder with respect to fire loss.  QBE Underwriting Ltd. v. Host Terminals, LLC, No. 2:19-CV-0054 (HCM) (EDVA).

HEI Hotels — represent policyholder for general liability claims.  The Arden Group, HEI Hotels, LLC et al. v. Continental Insurance Company, et al., 2020CV 332064 (Superior Court Fulton County, GA 2020).

Duro Dyne — represent policyholder manufacture with regard to historical alleged asbestos liabilities. The North River Insurance Company v. Duro Dyne Nat’l Corp., et al., 153 A.D.3d 844, 61 N.Y.S.3d 78, 2017 N.Y. Slip Op. 06285 (August 23, 2017).

Wright Medical — represent policyholder to recover liability insurance related to allegations regarding hip implants in St. Paul Surplus Lines Ins. Co. v. Wright Medical Group, Inc., No. CH-14-0927-3 (Chancery Court of Tennessee, Thirtieth Judicial District, Memphis).

WebMd Health — summary judgment to advance defense costs in D&O insurance case. HLTH Corp. v. Agricultural Exc. & Sur. Ins. Co., 2008 WL 3413327 (2008), appeal as to certain insurance companies Axis Reinsurance Co. v. HLTH Corp., No. 565, 2009 (2010). Final insurance company, New Hampshire Insurance Company withdrew “recoupment” claim (2013).

Hill’s Pet Nutrition Inc. — represent pet food manufacturer with regards to insurance issues related to allegations of melamine tampering.  

John Crane Inc. — represent policyholder in insurance recovery matter related to thousands of underlying asbestos cases.  John Crane Inc. v. AIU Ins. Co. et al., No. 04-CH-08266 (Cir. Ct. Cook County, Illinois).

U.S. Sports Specialty Association — Utah Supreme Court rebuked an attempted “perverse manipulation of risk” by an insurance company, ruled that an insurance company does not have a right to reimbursement against a policyholder. AK filed an amicus brief in the case on behalf of United Policyholders. U.S. Fid. & Guar. Co. v. U.S. Sports Specialty Ass’n, No. 20090657 (Utah Jan. 24, 2012).

Princeton University — summary judgment as to liability in D&O insurance case. Trustees of Princeton University v. National Union Fire Ins. Co. of Pittsburgh, PA., 83 N.Y.S.2d 437, appeal dismissed, 11 N.Y.3d 847 (Nov. 24, 2008).

Alfa Laval — trial court ruling regarding obligation to defend asbestos claims, Travelers v. Alfa Laval, Inc., No. 650667/2009 (November 22, 2011), extended (July 2013).

Franmac — trial court ruling to enforce trade name protection and food-borne illness insurance policy relating to 2006 e-coli outbreak. Quick Service Mgmt Inc., et al. v. Lloyd’s, MID-L-4861-07 (June 12, 2009).

Quest Diagnostics — won summary judgment for policyholder in health care industry regarding merger-related liability insurance coverage. St. Paul Fire Ins. Co. v. MetPath, Inc., 38 F. Supp. 2d 1087 (1998).

ICI Explosives — represented chemical manufacturer with regard to insurance recovery related to the Oklahoma City Bombing and allegations of civil liability in Gains-Tabb v. ICI Explosives U.S.A. Inc., No. CIV-95-719-R (W.D. Okla.).

Weyerhaeuser — won ruling that no overt legal threat is required to activate environmental liability insurance. Weyerhaeuser v. Aetna, 123 Wash. 2d 891 (1994).

NBTY, Inc. — represent policyholder in class action securities case in In re NBTY, Inc. Securities Litigation, No. CV 04-2619 (EDNY) (LDW).

Columbia Memorial Hospital — represent policyholder in United States ex. Rel. Montaperto v. New Parkway Hospital, et al., 05-CIV-4911 (LDW); and United States ex. Rel. Gelfand v. Special Care Hospital Management, et al., 02-CIV-6079 (EDNY) (LDW).

Lefrak — won summary judgment that insurance company duty to defend was triggered by lead paint claim. Lefrak Organization, Inc. v. Chubb Custom Ins. Co., 942 F. Supp. 949 (1996).

Federal v. Kozlowski — represent policyholder to recover D&O insurance and prevent rescission action. Federal Ins. Co. v. Kozlowski, 18 A.D.3d 33, 792 N.Y.S.2d 397 (1st Dep’t 2005).

Picker International — represent policyholder for coverage for alleged liability on account of exposure to radiation. Picker International, Inc. v. Travelers Indemnity Co., 35 F. Supp. 2d 70 (1998).

Automatic Data Processing (“ADP”) — represent policyholder to recover proceeds of insurance coverage for alleged advertising injury for copyright infringement.

CMI Corporation — represent policyholder to recover insurance for advertising injury on account of patent infringement liabilities. CMI Corp. v. National Union Fire Ins. Co., et al., No. CIV-92-462-M (W.D. Okla.).

Fleming Companies — represent policyholder to recover insurance for alleged commercial crime claims. Also represented policyholder pursuing directors’ and officers’ liability insurance coverage.

The Glidden Company — represent policyholder to recover insurance for alleged environmental liabilities in multi-site, multi-insurance company action.

ICI Americas — represent policyholder to recover D&O insurance on account of civil and criminal antitrust claims.

ICI PLC — represent policyholder to recover insurance for damages related to non-conforming food flavoring.

Occidental Chemical Company — represent policyholder to recover insurance coverage on account of construction accident.

Pueblo Xtra, International, Inc. — represent policyholder to recover proceeds of commercial crime policy.

Speaking Engagements

AI Did What? Anticipating Insurance Coverage Issues Arising From AI Liabilities (RIMS 2024)

RIMS RISKWORLD 2024 / May 7, 2024

21st Annual Directors & Officers Liability Insurance Conference

Anderson Kill / December 7, 2023

ANDERSON KILL’S 11TH ANNUAL NJ POLICYHOLDER ADVISOR CONFERENCE

Anderson Kill / April 27, 2023

ANDERSON KILL’S 20TH ANNUAL DIRECTOR’S & OFFICER’S INSURANCE WEBINAR “D&O ISSUES IN ESG AND RECENT CASE LAW DEVELOPMENTS”

December 7, 2022

Anderson Kill Presents ESG – Building a Program, Insuring the Risks

Anderson Kill / September 13, 2022

A Return to Civility: Litigating Harmoniously with Policyholders and Plaintiffs

DRI's 2021 Insurance Coverage and Practice Symposium / December 10, 2021

COVID-19, ESG, and SPACs, Oh My!: Emerging D&O Liabilities

RIMS ERM Conference / November 11, 2021

Anderson Kill’s 19th Annual D&O Webinar

Anderson Kill / September 30, 2021

Emerging Legal issues in Insurance Risk Management Webinar

RIMS Minnesota Chapter / February 15, 2021

“Top Trends in D&O Liability Coverage” – Anderson Kill’s 24th Annual Policyholder Advisor Webinar Series

Anderson Kill / November 16, 2020

War, Huh! What is the War Exclusion Good For?

PLUS Annual Conference / November 12, 2019

Getting Claims Paid is Often Difficult

RIMS New York Chapter / March 17, 2016

Everything a Risk Manager Needs to Know About D&O Liability and Insurance

RIMS PERK Tampa Bay Chapter / October 21, 2015

What Every In-House Counsel Needs to Know about Data Security (2015)

ACC Minnesota / June 18, 2015

Discussion of Most Frequent Claims and How to Prevent Them (2015 – RIMS)

RIMS PERK Chicago Chapter / March 10, 2015

Developments in E&O

ABA / January 26, 2015

Everything a Risk Manager Needs to Know About D&O Liability Insurance

RIMS - Delaware Valley Chapter / December 9, 2014

M&A Pre-Nup: Insurance Due Diligence

RIMS Indiana Chapter / June 12, 2014

Publications

New York Courts Reject Insurance Companies’ Attempts to Recoup Defense Costs

New York Law Journal / May 24, 2024

Why Insurance Companies Should Lose the Battle over Recoupment of Defense Costs

DRI : For The Defense / November 15, 2023

Breaking Down Insurers’ Improper Recoupment Efforts

Law360 / November 3, 2023

Bumping the Bump-Up Exclusion: A Policyholder’s Guide to Resisting Improper Coverage Denials

New York Law Journal / October 1, 2023

Insurance Coverage For ChatGPT Legal Fiasco: A Hypothetical

Law360 / July 20, 2023

A.I. DID WHAT? — DON’T LET YOUR INSURANCE COMPANY USE THE INVOLVEMENT OF A.I. TECHNOLOGY TO REDUCE YOUR INSURANCE FOR A CLAIM

Policyholder Advisor & Alert / June 7, 2023

STORM CLOUDS ON THE HORIZON – BANKRUPTCY AND INSURANCE ISSUES RELATED TO BANK FAILURES

Anderson Kill Policyholder Alert / March 17, 2023

“HISTORY NEVER REPEATS ITSELF, BUT IT DOES OFTEN RHYME” – D&O POLICIES CONTINUE TO COVER LIABILITIES ARISING FROM BANK FAILURES

Anderson Kill Policyholder Alert / March 17, 2023

ASSIGNING BENEFITS OF LIABILITY INSURANCE IN CORPORATE TRANSACTIONS – THE INSURANCE INDUSTRY KEEPS LOSING

American Bar Association, Insurance Coverage Committee / November 7, 2022

THE RIGHT TO INDEPENDENT COUNSEL PROTECTS POLICYHOLDERS AGAINST CONFLICTS OF INTEREST:

Law.com / September 30, 2022

US TORT SYSTEM: INSURANCE BAD FAITH AND EXTRA-CONTRACTUAL DAMAGES CAN LEVEL THE PLAYING FIELD WITH YOUR INSURANCE COMPANY

The International Bar Association / July 27, 2022

ASYMMETRICAL COMBAT: BAD FAITH LIABILITY IN INSURANCE RECOVERY CASES

Journal of Emerging Issues in Litigation / June 15, 2022

CLAIMS RELATED TO SPECIAL PURPOSE ACQUISITION COMPANY AND D&O INSURANCE FACE INCREASED INSURER SCRUTINY

American Bar Association (ABA) / September 30, 2021

‘J.P. MORGAN V. VIGILANT’ AND POST-LOSS UNDERWRITING: THE NEW YORK COURT OF APPEALS SHOULD CONTINUE TO MODERNIZE NEW YORK INSURANCE LAW

New York Law Journal / September 16, 2021

SPACS, COVID-19, AND ESG, OH MY! — WHAT’S A DIRECTOR TO DO?

National Association of Corporate Directors (NACD) / July 25, 2021

VIEWPOINT: DUE PROCESS, BILL COSBY, AND D&O LIABILITY INSURANCE CONDUCT EXCLUSIONS

Claims Journal / July 8, 2021

THE YEAR OF PEAK SPAC? THE SPAC GOLD RUSH AND IMPLICATIONS FOR D&O LIABILITY AND INSURANCE

New York Law Journal (NYLJ) / May 21, 2021

MULTIPLE INSURANCE POLICY LINES CAN COVER RANSOMWARE LOSSES

Cyber Insurance Alert / May 21, 2021

Why New Insurance Claims–Such as COVID-19 Claims—Lead to Problems for Policyholders, Defense Counsel, and Insurance Companies NSEL, AND INSURANCE COMPANIES

The Voice of the Defense Bar / April 27, 2020

ANTICIPATING CORONAVIRUS D&O INSURANCE CLAIMS

Risk Management Magazine / April 17, 2020

D&O LIABILITY INSURANCE: WHAT WILL IMPACT BE OF A KINDER GENTLER CORPORATION?

New York Law Journal (NYLJ) / October 15, 2019

BAD FAITH LEGISLATION: GOOD FOR INSURANCE POLICYHOLDERS?

PropertyCasualty360 / September 12, 2019

HOW CHANGING CORPORATE PURPOSE MAY AFFECT D&O INSURANCE

Law360 / August 28, 2019

D&O LIABILITY: LOOKING BACK AT 2018 & AHEAD TO 2019

PropertyCasualty360 / January 2, 2019

TRANSACTIONAL LIABILITY INSURANCE – FACILITATING INTERNATIONAL CORPORATE TRANSACTIONS AND GETTING YOUR CLAIMS PAID

International Bar Association / August 9, 2018

5 THINGS TO KNOW ABOUT TRANSACTION LIABILITY INSURANCE

Property Casualty 360 / July 9, 2018

IMPROVING CORPORATE MATCHMAKING: THE RISE OF TRANSACTIONAL LIABILITY INSURANCE

Coverage Journal / June 18, 2018

A GUIDE TO TRANSACTION LIABILITY INSURANCE

Risk Management Magazine / March 1, 2018

FIVE THINGS EVERY RISK MANAGER SHOULD KNOW ABOUT TRANSACTION LIABILITY INSURANCE

Policyholder Advisor & Alert / December 21, 2017

TRANSACTION LIABILITY INSURANCE: WHERE CORPORATE DEALS, INSURANCE CLAIMS-HANDLING INTERSECT

New York Law Journal / October 16, 2017

YES, YOUR D&O POLICIES COVER FCPA DEFENSE

Metropolitan Corporate Counsel / October 11, 2016

FRYING PAN OR FIRE? POLICYHOLDERS BEWARE THE STRANGE INCENTIVES IN “BURNING LIMITS” LIABILITY INSURANCE POLICIES

Policyholder Advisor & Alert / August 31, 2016

RETURNING TO THE MAJORITY RULE: LIABILITY INSURANCE RIGHTS CAN FOLLOW THE LIABILITY

New York Law Journal / December 14, 2015

RESISTING INSURER ATTEMPTS TO RECOUP D&O DEFENSE COSTS

Risk Management Magazine / September 17, 2015

10 TRAPS IN YOUR D&O INSURANCE

Policyholder Advisor & Alert / June 29, 2015

HELPFUL AUTHORITY FOR POLICYHOLDERS SEEKING ATTORNEY FEES

Westlaw Journal / March 26, 2015

ATTORNEY FEES AND LIABILITY INSURANCE: RECOVERING FEES PAID TO PLAINTIFFS AND FEES INCURRED BY POLICYHOLDERS

Westlaw Journal Insurance Coverage / March 26, 2015

A D&O’S SUCCESS ON ‘THE MERITS OR OTHERWISE’ SHOULD ELIMINATE INSURANCE COMPANY ATTEMPTS TO RECOUP DEFENSE COSTS

Policyholder Advisor & Alert / April 1, 2014

COVERAGE QUELLED BY EXTREME EXHAUSTION ARGUMENTS

Risk Management / February 11, 2014

LEADING COVERAGE LAWYERS: THE MOST SIGNIFICANT INSURANCE COVERAGE DECISIONS OF 2013

Coverage Opinions / January 8, 2014

COVERAGE QUELLED BY EXTREME EXHAUSTION ARGUMENTS: THE CAUTIONARY TALE OF THE QUELLOS CASE

Policyholder Advisor & Alert / December 6, 2013

INSURANCE COVERAGE FOR COLLEGES AND UNIVERSITIES

University Business / January 24, 2013

COVERAGE OPINIONS INTERVIEW WITH BILL PASSANNANTE

Coverage Opinions / November 29, 2012

MONSTERS UNDER THE BED: INSURANCE COVERAGE GAPS AND OTHER INVISIBLE EXCLUSIONS

Insurance Journal / November 20, 2012

WELCOME TO THE LAND OF LIABILITY: AN INSURANCE RECOVERY PRIMER FOR NON-U.S. BUSINESSES WITH U.S. OPERATIONS

Metropolitan Corporate Counsel / October 2, 2012

RIGHT TO INDEPENDENT COUNSEL: EFFECTIVELY IMPLEMENT AN INSURER’S DUTY TO DEFEND

New York Law Journal / September 27, 2012

INSURANCE COMPANIES STOPPED FROM SEEKING REIMBURSEMENT FROM POLICYHOLDERS – NOT TAKING RESERVATIONS

Policyholder Advisor & Alert / June 28, 2012

10 BIG MISTAKES MADE BY INSURANCE COMPANIES

PropertyCasualty360 / May 30, 2012

STRANGER IN A STRANGE LAND

Italy-America Chamber of Commerce / April 23, 2012

FOUR STEPS TO MAXIMIZE INSURANCE COVERAGE FOR NON-U.S. BUSINESSES WITH U.S. OPERATIONS THAT MAY BE SUBJECT TO LONG-TERM LIABILITIES

Interleges / March 27, 2012

ACT NOW TO MUFFLE THE SUPPOSED AND EXTREME EXHAUSTION DEFENSE IN YOUR EXCESS D&O POLICIES

Policyholder Advisor & Alert / December 6, 2011

ACT NOW TO MUFFLE THE SUPPOSED AND EXTREME EXHAUSTION DEFENSE IN YOUR EXCESS D&O POLICIES

Corporate Counsel / December 6, 2011

WHEN GOVERNMENT INVESTIGATORS COME CALLING, GIVE A LITTLE WHISTLE FOR D&O COVERAG

Corporate Counsel / October 4, 2011

WHEN GOVERNMENT INVESTIGATORS COME CALLING, GIVE A LITTLE WHISTLE FOR D&O COVERAGE

Policyholder Advisor & Alert / October 4, 2011

ZIP’ING IT UP: INSURANCE FOR PRIVACY VIOLATIONS CLAIMS

Law360 / September 14, 2011

ZIP’ING IT UP – INSURANCE COVERAGE FOR PRIVACY VIOLATIONS CLAIMS

Policyholder Advisor & Alert / August 28, 2011

‘ADVERTISING INJURY’: INSURANCE COVERAGE FOR INTELLECTUAL PROPERTY CLAIMS FROM ‘BLAST FAXES’ TO COPYRIGHT INFRINGEMENT

Kansas Bar Association / June 7, 2011

THE YEAR IN EMERGING RISKS

The Insurance Research Letter / June 2, 2011

THE YEAR IN EMERGING RISKS

Policyholder Advisor & Alert / June 2, 2011

FORCING AN INSURANCE COMPANY TO PAY LEGAL FEES FOR THE COVERAGE FIGHT: A STUDY OF STATE LAWS

The John Liner Review / February 16, 2011

PROTECTING AGAINST D&O LIABILITY FOR CLIMATE CHANGE-RELATED DISCLOSURES

Risk Management / February 7, 2011

MAXIMIZE YOUR INSURANCE RECOVERY FOR THEFT OR FRAUD LOSSES

American Bar Association / December 20, 2010

FIVE PRACTICAL TIPS FOR MAXIMIZING YOUR D&O INSURANCE COVERAGE IN THE WAKE OF THE GREAT RECESSION

Corporate Counsel / December 14, 2010

CLIMATE CHANGE RELATED D&O LIABILITY – THE COMING FLOOD?

American Bar Association / December 14, 2010

GETTING INSURANCE COVERAGE FOR YOUR INTELLECTUAL PROPERTY CLAIMS: HEALING ADVERTISING INJURIES

Corporate Counsel / April 5, 2010

GETTING INSURANCE COVERAGE FOR YOUR INTELLECTUAL PROPERTY CLAIMS: HEALING ADVERTISING INJURIES

Policyholder Advisor & Alert / April 5, 2010

A LOOK BACK: KEY DEVELOPMENTS IN INSURANCE RECOVERY

Policyholder Advisor & Alert / March 5, 2010

PROTECTING D&O INSURANCE IN TOUGH ECONOMIC TIMES

Law360 / January 12, 2010

PROTECTING D&O INSURANCE DURING DIFFICULT ECONOMIC TIMES

Policyholder Advisor & Alert / December 22, 2009

LET POLICYHOLDERS JOIN THE ‘PAR’-TY

Business Insurance / November 22, 2009

POLICYHOLDERS CAN DREAM, CAN’T THEY?

Financial Times / November 20, 2009

AFTER FAILURE, LITIGATION RISK FOR DIRECTORS

American Banker / November 18, 2009

ATTORNEY CONFLICTS OF INTEREST — A TOOL FOR INSURANCE COMPANIES

Corporate Counsel / October 15, 2009

A NEW YEAR’S LOOK BACK AT 2008 AND FORWARD TO 2009

Policyholder Advisor & Alert / February 11, 2009

IS THE CREDIT CRISIS A BLACK HOLE FOR D&O LIABILITY INSURANCE?

Policyholder Advisor & Alert / October 16, 2008

SUBPRIME MORTGAGE MESS – CAN INSURANCE PROTECT YOU FROM THIS CATASTROPHE?

Corporate Counsel / October 7, 2008

SUBPRIME MORTGAGE MESS: CAN INSURANCE PROTECT YOU FROM THIS CATASTROPHE?

Policyholder Advisor & Alert / October 7, 2008

THE ADVANCING MAJORITY: A SENSIBLE ANSWER TO DISPUTES OVER D&O DEFENSE COSTS

Corporate Board Member / September 16, 2008

INSURANCE COVERAGE AVAILABLE FOR THE SUBPRIME MORTGAGE COLLAPSE: CURRENT DEVELOPMENTS

International Bar Association, Insurance Newsletter / July 10, 2008

HORNS OF A DEFENSE COUNSEL DILEMMA

The Corporate Counselor / January 31, 2008

FINDING AND PROVING LOST INSURANCE COVERAGE

The John Liner Review / December 5, 2007

“CATCH ME IF YOU CAN”: IMPROPER DENIAL OF SECURITIES CLAIMS BY D&O INSURANCE COMPANIES

riskVue / October 3, 2007

AVOID THE INSURANCE COMPANY “FORUM SHOPPING-SPREE” – POLICYHOLDERS CAN PROTECT THEMSELVES FROM LITIGATING IN THE WRONG JURISDICTION

Corporate Counsel / September 19, 2007

A RISK WORTH TAKING? THE ROLE OF IN-HOUSE COUNSEL IN ENTERPRISE RISK MANAGEMENT

Corporate Counsel / May 2, 2007

CAN SETTLING A CLAIM DESTROY INSURANCE? CONSENT TO SETTLE CLAUSES – A TRAP FOR THE UNWARY

riskVue / January 17, 2007

TAKING IT PERSONALLY: BOARD MEMBERS OF MUNICIPAL AGENCIES FACE PERSONAL LIABILITY FOR PUBLIC SERVICE

Public Risk Management Association / January 1, 2006

TWELVE TIPS TO SECURE TO ENSURE INSURANCE COVERAGE FOR THE KATRINA AND RITA DISASTERS

Policyholder Advisor & Alert / October 3, 2005

THINK YOU’RE COVERED? PREPARE FOR A BOXING MATCH

Policyholder Advisor & Alert / July 1, 2005

CORPORATE SUCCESSORS CAN TAP HISTORICAL LIABILITY INSURANCE POLICIES

Policyholder Advisor & Alert / May 26, 2005

CORPORATE SUCCESSORS CAN TAP HISTORICAL LIABILITY INSURANCE POLICIES

riskVue / May 26, 2005

SUPREME COURT DOES SERVICE TO POLICYHOLDERS

Milwaukee Business Journal / February 1, 2005

D&O LIABILITY INSURANCE BASICS

Corporate Counsel / March 19, 2004

ENVIRONMENTAL INSURANCE: THE FAT LADY HAS NOT YET SUNG

Environmental Protection / October 23, 2003

YOU HAVE A MAJOR PRODUCTS LOSS – WILL YOUR INSURANCE HELP?

Anderson Kill's Pharmaceutical & Healthcare Insurance Alert / October 1, 2003

SEPTEMBER 11, 2001: HOW INSURANCE CAN HELP

Corporate Counsel / September 29, 2003

WHAT TO DO WHEN YOUR D&O INSURANCE COMPANY DENIES COVERAGE OR THREATENS TO RESCIND THE POLICY

Corporate Counsel / September 25, 2003

BUYERS BEWARE! CALIFORNIA CONFOUNDS CORPORATE POLICYHOLDERS

Policyholder Advisor & Alert / March 1, 2003

D&O LIABILITY INSURANCE AND CORPORATE GOVERNANCE: A MATCH MADE IN HEAVEN?

Corporate Counsel / July 1, 2001

News

Biggest General Liability Rulings From 2023’s Second Half

January 1, 2024

First Circuit Tasked With Big Decision on Insurance Company Cost Recovery

October 2, 2023

Super Lawyers Recognizes 16 Anderson Kill Attorneys in 2023

September 25, 2023

AI Bias Concerns Grow as Property Risk Modeling Advances

August 11, 2023

Banking Crisis Has Implications for D&O Insurance Sector

March 21, 2023

Regulatory Changes Could Prompt Biodiversity Litigation

March 2, 2023

Executive Risks Grow As SEC Climate Disclosure Rules Evolve

February 1, 2023

Cyber, Crypto Top D&O Concerns as Fears Over SPAC Claims Ease

February 1, 2023

Top General Liability Insurance Rulings of 2022

January 2, 2023

Businesses advised to review D&O, other policies for ESG risk

December 8, 2022

Super Lawyers Recognizes 14 Anderson Kill Attorneys in 2022

October 21, 2022

Eight Anderson Kill Attorneys Included in The Best Lawyers in America 2023

October 14, 2022

ESG Initiatives: How to Prioritize Sustainability and Avoid Legal and Financial Pitfalls

October 3, 2022

D&O Coverage Offers Layered Protection In Bankruptcy

September 21, 2022

The Legal 500 2022 Ranks Anderson Kill a Tier 1 Insurance Recovery Practice

June 8, 2022

Chambers USA Ranks Anderson Kill Among Top Insurance Recovery Practices Nationally, in New York, and in New Jersey; Firm Attorneys in D.C. and Philadelphia Also Recognized

June 1, 2022

The Supreme Court of Ohio Affirms Finding of Coverage for Liability for Property Damage Involving Incorporation of a Defective Ingredient into an Integrated Product

March 23, 2022

D&O Insurance Cases To Watch In 2022

January 3, 2022

Insurance attorneys address the impact of nuclear verdicts

September 30, 2021

TEN ANDERSON KILL ATTORNEYS INCLUDED IN THE BEST LAWYERS IN AMERICA, 2022

August 17, 2021

Legal 500 Recognizes Anderson Kill’s Insurance Recovery Group as a Top-Tier Practice for Fifteenth Consecutive Year

June 9, 2021

Chambers USA Ranks Anderson Kill’s Insurance Recovery Practices Among Top Practices Nationally, in New York, and in New Jersey

May 21, 2021

3 INSURANCE APPEALS TO WATCH AT STATE HIGH COURTS IN MARCH

February 26, 2021

Super Lawyers Recognizes 18 Anderson Kill Attorneys in 2020

October 21, 2020

Emerging liabilities fuel deep dig for insurance coverage

October 6, 2020

BEST LAWYERS RECOGNIZES 12 ANDERSON KILL ATTORNEYS

August 20, 2020

LEGAL 500 RECOGNIZES ANDERSON KILL’S INSURANCE RECOVERY GROUP AS A TOP-TIER PRACTICE FOR FOURTEENTH YEAR RUNNING

June 17, 2020

Chambers USA Ranks Anderson Kill’s Insurance Recovery Practices Among Top Practices Nationally; Seven Attorneys Ranked

April 27, 2020

Top exec with coronavirus a reportable event? It all depends

April 2, 2020

Best Lawyers in America Recognizes 10 Anderson Kill Insurance Recovery Attorneys

August 15, 2019

The Legal 500 Recognizes Anderson Kill’s Insurance Recovery Group for the 13th Consecutive Year

June 11, 2019

D&O, Employment Practices Insurers Sing the Varsity Blues

May 7, 2019

Anderson Kill Insurance Recovery Attorneys to Speak at RIMS 2019

April 4, 2019

Anderson Kill’s Insurance Recovery Group Named 2019 Legal Team of the Year by Business Insurance

March 26, 2019

Insurance Group Of The Year: Anderson Kill

January 30, 2019

Anderson Kill Named a National Tier 1 Firm by Benchmark Litigation

January 25, 2019

Super Lawyers Recognizes 20 Anderson Kill Attorneys in 2018

October 10, 2018

The Legal 500 US Recognizes Nine Anderson Kill Insurance Recovery Attorneys

July 11, 2018

Chambers USA Recognizes Anderson Kill’s Insurance Recovery Practice for Twelfth Straight Year

May 29, 2018

19 ANDERSON KILL ATTORNEYS NAMED TO 2017 SUPER LAWYERS AND RISING STARS LISTS

October 6, 2017

ELEVEN ANDERSON KILL ATTORNEYS SELECTED AS 2016 SUPER LAWYERS, NINE RISING STARS

October 4, 2016

Tips for Executives To Maximize D&O Coverage

June 27, 2016

Environmental responsibility is latest front in D&O litigation

June 6, 2015

Lawyers Weigh In On High Court’s Omnicare Decision

March 24, 2015

Mind the gap: Insureds still need to beware when buying D&O

March 19, 2015

TEN ANDERSON KILL ATTORNEYS SELECTED AS NEW YORK METRO SUPER LAWYERS, TWO RISING STARS

October 16, 2014

Capturing the Moment

October 8, 2014

Anderson Kill Forms Cyber Insurance Recovery Group

September 3, 2014

Enviros question if insurers will cover climate risks to executives

May 28, 2014

Rising Whistleblower Claims Challenge D&O Industry Interview with William G. Passannante

April 9, 2014

New York Court of Appeals Rejects Insurance Company’s Use of Limitations Period “That Renders Coverage Valueless”

February 21, 2014

NY High Court Says Deadline Unenforceable In Coverage Suit

February 13, 2014

Anderson Kill Wins Second Consecutive Insurance Group of the Year Designation from Law360

January 28, 2014

Insurance MVP: Anderson Kill’s William Passannante

December 4, 2013

Ruling Offers Cure for Health Contractors Chasing Coverage

February 11, 2013

Justice Department Suit Against S&P May Trigger General Liability Claims

February 10, 2013

Wash. Ruling Endorses Broad Shield Against TCPA Coverage

January 31, 2013

If Mergers Pick Up, Can Lawsuits Be Far Behind

January 25, 2013

Travelers Still On Hook For Defense Costs In Asbestos Suits

November 23, 2012

New York Appeals Court Upholds Decision Ordering Insurance Company to Provide Defense for Asbestos Claims Under “Joint and Several Liability” Standard

November 14, 2012

The Coverage Opinions Interview with Bill Passannante

November 12, 2012

Utah Supreme Court Rejects Insurance Company’s Claim of ‘Unjust Enrichment’ Against Policyholder In Above-Policy-Limits Judgment

January 31, 2012

Policy Dictates Insurers’ Right To Restitution: Utah Court

January 27, 2012

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William G. Passannante

Shareholder , New York

Profile

William G. Passannante is a nationally recognized authority on policyholder insurance recovery in D&O, E&O, asbestos, environmental, property, food-borne illness, and other insurance disputes, with an emphasis on insurance recovery for corporate policyholders and educational and governmental institutions.

According to clients quoted in Chambers USA, he is touted as, "A terrific policyholder lawyer" and "a tremendous tactician and an incredible trial lawyer." According to Chambers USA, he is the “go-to attorney for high-dollar insurance coverage litigation,” and “knows the industry inside-out.” "Mr. Passannante is well regarded for his client counseling and impressive advocacy, and has the perceptive ability to wade through legalese and identify the most salient and important issues. He relates to his clients with integrity, determination and devotion. He has a good sense of humor and is passionate about his work."

Mr. Passannante is co-chair of Anderson Kill's Insurance Recovery Group. He is also a member of Anderson Kill's Cyber Insurance Recovery Group and the COVID Task Group. He has represented policyholders in major precedent-setting cases argued in trial and appellate courts throughout the country. Law360 recognized Mr. Passannante as 2013 MVP in the Insurance category, and he has been recognized in Chambers USA in every year since 2006 as a leading insurance recovery attorney. The Legal 500 United States consistency includes him on their elite "Leading lawyers" list and he is recommended for Insurance - advice to policyholders. Since 2010, Mr. Passannante has been selected by his peers for listing in The Best Lawyers in America. He has also been rated "AV® Preeminent™ Peer Review Rated," the top rating, 5.0 out of 5.0, by his peers and was also designated a 2020 Top Rated Lawyer as listed in Martindale Hubbell.

He has represented The Glidden Company, The Trustees of Princeton University, The City of Peekskill, Colgate-Palmolive Company, Franchisees of Taco Bell, HLTH Corporation/WebMD, Yum! Brands, Picker International, Weyerhaeuser Company, Occidental Chemical Company, Imperial Chemical Industries, Hill's Pet Nutrition, Inc., The Lefrak Organization, Quest Diagnostics, Automatic Data Processing, Fleming Companies, Inc., and others.

Mr. Passannante was a drafter of the precedent-setting Weyerhaeuser case in the Supreme Court of the State of Washington, which held that no overt threat against a policyholder is required to trigger insurance policies. Mr. Passannante co-chaired the program "Current Issues in D&O and Professional Liability Insurance" sponsored by the ABCNY and the ABA, and chairs the firm’s annual D&O Insurance Conference.

He has testified before the New York State Legislature regarding the insurance industry response to the victims of terrorist attacks. Mr. Passannante is an editor of the book, "The Policyholder Advisor,” and has published widely including in "Risk Management," "The (ABA) Brief," "Corporate Counsel Magazine," "Policyholder Advisor," "Copyright World," "Healthcare Financial Management," "Insurance Litigation Reporter," and "Mealey's Insurance."

Mr. Passannante is a Regis High School class representative (2006-present), and was a member of the Regis High School Alumni Board (2006-2009) and the school’s Executive Council (1998-2006). Prior to joining Anderson Kill, Mr. Passannante was a Financial, Industrial, and Econometric Consultant with Standard and Poor's/Data Resources, Inc.

 

Memberships

Professional Memberships
Fellow, American Bar Foundation (2019-Present), New York State Bar Association, Vice-Chair of the Professionals, Officers and Directors Liability Committee of the Tort and Insurance Practice Section of the American Bar Association (Past), a member of the Directors and Officers Liability Committee of the Insurance Committee of the Association of the Bar of the City of New York (Past); member, Securities Litigation Committee of the Association of the Bar of the City of New York (Past); Federal Bar Council; and International Bar Association.

Association Memberships
National Association of Corporate Directors (NACD), Public Risk Management Association (PRIMA) (Past), American Bankers Association; American Judicature Society.

Experience

City of Peekskill New York – Represented City of Peekskill for insurance recovery related to the claims of wrongful arrest, conviction and incarceration in Deskovic v. City of Peekskill, 894 F.Supp.2d 443 (S.D.N.Y. 2012).

Crestview Advisors – Represent policyholder to recover D&O liability insurance related to underlying Delaware corporate litigation.  Crestview Advisors, L.L.C. v. St. Paul Fire and Marine Ins. Co., New York Supreme Court, Index No. 651386/20 (New York County 2020).

Lord & Taylor LLC — represent policyholder in cyber-related insurance claim.  Lord & Taylor LLC v. Great American Ins. Co., No. 1:18-cv-12312 (S.D.N.Y. 2018). 

Yum! Brands — represent policyholder to recover retained amount insurance policy under global worldwide insurance program.  Yum! Brands, Inc. v. Clarendon America Ins. Co., No.: C-12-05973-LB (U.S.D.C., N.D. CA. 2013).

MAXXAM Inc. and Charles Hurwitz v. National Union – Represented MAXXAM and Charles Hurwitz to recover D&O insurance for the defense of FDIC claims recounted in Federal Deposit Insurance Corporation (F.D.I.C.) v. Charles E. Hurwitz, 384 F. Supp. 2d 1039 (S.D. Tex.)(“This is a cautionary tale where the emperor has new clothes — a bandit’s mask.”).

Executive Plaza — Clause limited time in which to bring suit under fire policy to two years from date of fire. Policy says that policyholder may recover cost of replacing destroyed property after property has been replaced. Court held that such contractual limitation period, in situation where property cannot reasonably be replaced in two years, is unreasonable and unenforceable. Executive Plaza, LLC v. Peerless Insurance, 22 N.Y.3d 511, 5 N.E.3d 989, 982 N.Y.S.2d 826 (2014).

U.S. Bancorp — represent bank in professional liability insurance matter regarding so-called “disgorgement” defense.  U.S. Bank N.A. v. Indian Harbor Ins. Co., 68 F. Supp. 3d 1044 (D. Minn. 2014).

Colgate-Palmolive — represent policyholder to recover liability insurance for alleged product liability actions.  Colgate-Palmolive Company v. OneBeacon America Ins. Co. and Resolute Management, Inc., No. 651193/2011 (N.Y. County 2013).

Acella Pharmaceuticals — represent pharmaceutical manufacturer with regard to insurance coverage.  Gemini Insurance v. Acella Pharmaceuticals, LLC, et al., No. 1:2018cv04378 (SJS) (SDNY 2019).

Host Terminals — represent policyholder with respect to fire loss.  QBE Underwriting Ltd. v. Host Terminals, LLC, No. 2:19-CV-0054 (HCM) (EDVA).

HEI Hotels — represent policyholder for general liability claims.  The Arden Group, HEI Hotels, LLC et al. v. Continental Insurance Company, et al., 2020CV 332064 (Superior Court Fulton County, GA 2020).

Duro Dyne — represent policyholder manufacture with regard to historical alleged asbestos liabilities. The North River Insurance Company v. Duro Dyne Nat’l Corp., et al., 153 A.D.3d 844, 61 N.Y.S.3d 78, 2017 N.Y. Slip Op. 06285 (August 23, 2017).

Wright Medical — represent policyholder to recover liability insurance related to allegations regarding hip implants in St. Paul Surplus Lines Ins. Co. v. Wright Medical Group, Inc., No. CH-14-0927-3 (Chancery Court of Tennessee, Thirtieth Judicial District, Memphis).

WebMd Health — summary judgment to advance defense costs in D&O insurance case. HLTH Corp. v. Agricultural Exc. & Sur. Ins. Co., 2008 WL 3413327 (2008), appeal as to certain insurance companies Axis Reinsurance Co. v. HLTH Corp., No. 565, 2009 (2010). Final insurance company, New Hampshire Insurance Company withdrew “recoupment” claim (2013).

Hill’s Pet Nutrition Inc. — represent pet food manufacturer with regards to insurance issues related to allegations of melamine tampering.  

John Crane Inc. — represent policyholder in insurance recovery matter related to thousands of underlying asbestos cases.  John Crane Inc. v. AIU Ins. Co. et al., No. 04-CH-08266 (Cir. Ct. Cook County, Illinois).

U.S. Sports Specialty Association — Utah Supreme Court rebuked an attempted “perverse manipulation of risk” by an insurance company, ruled that an insurance company does not have a right to reimbursement against a policyholder. AK filed an amicus brief in the case on behalf of United Policyholders. U.S. Fid. & Guar. Co. v. U.S. Sports Specialty Ass’n, No. 20090657 (Utah Jan. 24, 2012).

Princeton University — summary judgment as to liability in D&O insurance case. Trustees of Princeton University v. National Union Fire Ins. Co. of Pittsburgh, PA., 83 N.Y.S.2d 437, appeal dismissed, 11 N.Y.3d 847 (Nov. 24, 2008).

Alfa Laval — trial court ruling regarding obligation to defend asbestos claims, Travelers v. Alfa Laval, Inc., No. 650667/2009 (November 22, 2011), extended (July 2013).

Franmac — trial court ruling to enforce trade name protection and food-borne illness insurance policy relating to 2006 e-coli outbreak. Quick Service Mgmt Inc., et al. v. Lloyd’s, MID-L-4861-07 (June 12, 2009).

Quest Diagnostics — won summary judgment for policyholder in health care industry regarding merger-related liability insurance coverage. St. Paul Fire Ins. Co. v. MetPath, Inc., 38 F. Supp. 2d 1087 (1998).

ICI Explosives — represented chemical manufacturer with regard to insurance recovery related to the Oklahoma City Bombing and allegations of civil liability in Gains-Tabb v. ICI Explosives U.S.A. Inc., No. CIV-95-719-R (W.D. Okla.).

Weyerhaeuser — won ruling that no overt legal threat is required to activate environmental liability insurance. Weyerhaeuser v. Aetna, 123 Wash. 2d 891 (1994).

NBTY, Inc. — represent policyholder in class action securities case in In re NBTY, Inc. Securities Litigation, No. CV 04-2619 (EDNY) (LDW).

Columbia Memorial Hospital — represent policyholder in United States ex. Rel. Montaperto v. New Parkway Hospital, et al., 05-CIV-4911 (LDW); and United States ex. Rel. Gelfand v. Special Care Hospital Management, et al., 02-CIV-6079 (EDNY) (LDW).

Lefrak — won summary judgment that insurance company duty to defend was triggered by lead paint claim. Lefrak Organization, Inc. v. Chubb Custom Ins. Co., 942 F. Supp. 949 (1996).

Federal v. Kozlowski — represent policyholder to recover D&O insurance and prevent rescission action. Federal Ins. Co. v. Kozlowski, 18 A.D.3d 33, 792 N.Y.S.2d 397 (1st Dep’t 2005).

Picker International — represent policyholder for coverage for alleged liability on account of exposure to radiation. Picker International, Inc. v. Travelers Indemnity Co., 35 F. Supp. 2d 70 (1998).

Automatic Data Processing (“ADP”) — represent policyholder to recover proceeds of insurance coverage for alleged advertising injury for copyright infringement.

CMI Corporation — represent policyholder to recover insurance for advertising injury on account of patent infringement liabilities. CMI Corp. v. National Union Fire Ins. Co., et al., No. CIV-92-462-M (W.D. Okla.).

Fleming Companies — represent policyholder to recover insurance for alleged commercial crime claims. Also represented policyholder pursuing directors’ and officers’ liability insurance coverage.

The Glidden Company — represent policyholder to recover insurance for alleged environmental liabilities in multi-site, multi-insurance company action.

ICI Americas — represent policyholder to recover D&O insurance on account of civil and criminal antitrust claims.

ICI PLC — represent policyholder to recover insurance for damages related to non-conforming food flavoring.

Occidental Chemical Company — represent policyholder to recover insurance coverage on account of construction accident.

Pueblo Xtra, International, Inc. — represent policyholder to recover proceeds of commercial crime policy.

Speaking Engagements

AI Did What? Anticipating Insurance Coverage Issues Arising From AI Liabilities (RIMS 2024)

RIMS RISKWORLD 2024 / January 24, 2024

21st Annual Directors & Officers Liability Insurance Conference

Anderson Kill / December 7, 2023

ANDERSON KILL’S 11TH ANNUAL NJ POLICYHOLDER ADVISOR CONFERENCE

Anderson Kill / April 27, 2023

ANDERSON KILL’S 20TH ANNUAL DIRECTOR’S & OFFICER’S INSURANCE WEBINAR “D&O ISSUES IN ESG AND RECENT CASE LAW DEVELOPMENTS”

December 7, 2022

Anderson Kill Presents ESG – Building a Program, Insuring the Risks

Anderson Kill / September 13, 2022

A Return to Civility: Litigating Harmoniously with Policyholders and Plaintiffs

DRI's 2021 Insurance Coverage and Practice Symposium / December 10, 2021

COVID-19, ESG, and SPACs, Oh My!: Emerging D&O Liabilities

RIMS ERM Conference / November 11, 2021

Anderson Kill’s 19th Annual D&O Webinar

Anderson Kill / September 30, 2021

Emerging Legal issues in Insurance Risk Management Webinar

RIMS Minnesota Chapter / February 15, 2021

“Top Trends in D&O Liability Coverage” – Anderson Kill’s 24th Annual Policyholder Advisor Webinar Series

Anderson Kill / November 16, 2020

War, Huh! What is the War Exclusion Good For?

PLUS Annual Conference / November 12, 2019

Getting Claims Paid is Often Difficult

RIMS New York Chapter / March 17, 2016

Everything a Risk Manager Needs to Know About D&O Liability and Insurance

RIMS PERK Tampa Bay Chapter / October 21, 2015

What Every In-House Counsel Needs to Know about Data Security (2015)

ACC Minnesota / June 18, 2015

Discussion of Most Frequent Claims and How to Prevent Them (2015 – RIMS)

RIMS PERK Chicago Chapter / March 10, 2015

Developments in E&O

ABA / January 26, 2015

Everything a Risk Manager Needs to Know About D&O Liability Insurance

RIMS - Delaware Valley Chapter / December 9, 2014

M&A Pre-Nup: Insurance Due Diligence

RIMS Indiana Chapter / June 12, 2014

Publications

New York Courts Reject Insurance Companies’ Attempts to Recoup Defense Costs

New York Law Journal / May 24, 2024

Why Insurance Companies Should Lose the Battle over Recoupment of Defense Costs

DRI : For The Defense / November 15, 2023

Breaking Down Insurers’ Improper Recoupment Efforts

Law360 / November 3, 2023

Bumping the Bump-Up Exclusion: A Policyholder’s Guide to Resisting Improper Coverage Denials

New York Law Journal / October 1, 2023

Insurance Coverage For ChatGPT Legal Fiasco: A Hypothetical

Law360 / July 20, 2023

A.I. DID WHAT? — DON’T LET YOUR INSURANCE COMPANY USE THE INVOLVEMENT OF A.I. TECHNOLOGY TO REDUCE YOUR INSURANCE FOR A CLAIM

Policyholder Advisor & Alert / June 7, 2023

STORM CLOUDS ON THE HORIZON – BANKRUPTCY AND INSURANCE ISSUES RELATED TO BANK FAILURES

Anderson Kill Policyholder Alert / March 17, 2023

“HISTORY NEVER REPEATS ITSELF, BUT IT DOES OFTEN RHYME” – D&O POLICIES CONTINUE TO COVER LIABILITIES ARISING FROM BANK FAILURES

Anderson Kill Policyholder Alert / March 17, 2023

ASSIGNING BENEFITS OF LIABILITY INSURANCE IN CORPORATE TRANSACTIONS – THE INSURANCE INDUSTRY KEEPS LOSING

American Bar Association, Insurance Coverage Committee / November 7, 2022

THE RIGHT TO INDEPENDENT COUNSEL PROTECTS POLICYHOLDERS AGAINST CONFLICTS OF INTEREST:

Law.com / September 30, 2022

US TORT SYSTEM: INSURANCE BAD FAITH AND EXTRA-CONTRACTUAL DAMAGES CAN LEVEL THE PLAYING FIELD WITH YOUR INSURANCE COMPANY

The International Bar Association / July 27, 2022

ASYMMETRICAL COMBAT: BAD FAITH LIABILITY IN INSURANCE RECOVERY CASES

Journal of Emerging Issues in Litigation / June 15, 2022

CLAIMS RELATED TO SPECIAL PURPOSE ACQUISITION COMPANY AND D&O INSURANCE FACE INCREASED INSURER SCRUTINY

American Bar Association (ABA) / September 30, 2021

‘J.P. MORGAN V. VIGILANT’ AND POST-LOSS UNDERWRITING: THE NEW YORK COURT OF APPEALS SHOULD CONTINUE TO MODERNIZE NEW YORK INSURANCE LAW

New York Law Journal / September 16, 2021

SPACS, COVID-19, AND ESG, OH MY! — WHAT’S A DIRECTOR TO DO?

National Association of Corporate Directors (NACD) / July 25, 2021

VIEWPOINT: DUE PROCESS, BILL COSBY, AND D&O LIABILITY INSURANCE CONDUCT EXCLUSIONS

Claims Journal / July 8, 2021

THE YEAR OF PEAK SPAC? THE SPAC GOLD RUSH AND IMPLICATIONS FOR D&O LIABILITY AND INSURANCE

New York Law Journal (NYLJ) / May 21, 2021

MULTIPLE INSURANCE POLICY LINES CAN COVER RANSOMWARE LOSSES

Cyber Insurance Alert / May 21, 2021

Why New Insurance Claims–Such as COVID-19 Claims—Lead to Problems for Policyholders, Defense Counsel, and Insurance Companies NSEL, AND INSURANCE COMPANIES

The Voice of the Defense Bar / April 27, 2020

ANTICIPATING CORONAVIRUS D&O INSURANCE CLAIMS

Risk Management Magazine / April 17, 2020

D&O LIABILITY INSURANCE: WHAT WILL IMPACT BE OF A KINDER GENTLER CORPORATION?

New York Law Journal (NYLJ) / October 15, 2019

BAD FAITH LEGISLATION: GOOD FOR INSURANCE POLICYHOLDERS?

PropertyCasualty360 / September 12, 2019

HOW CHANGING CORPORATE PURPOSE MAY AFFECT D&O INSURANCE

Law360 / August 28, 2019

D&O LIABILITY: LOOKING BACK AT 2018 & AHEAD TO 2019

PropertyCasualty360 / January 2, 2019

TRANSACTIONAL LIABILITY INSURANCE – FACILITATING INTERNATIONAL CORPORATE TRANSACTIONS AND GETTING YOUR CLAIMS PAID

International Bar Association / August 9, 2018

5 THINGS TO KNOW ABOUT TRANSACTION LIABILITY INSURANCE

Property Casualty 360 / July 9, 2018

IMPROVING CORPORATE MATCHMAKING: THE RISE OF TRANSACTIONAL LIABILITY INSURANCE

Coverage Journal / June 18, 2018

A GUIDE TO TRANSACTION LIABILITY INSURANCE

Risk Management Magazine / March 1, 2018

FIVE THINGS EVERY RISK MANAGER SHOULD KNOW ABOUT TRANSACTION LIABILITY INSURANCE

Policyholder Advisor & Alert / December 21, 2017

TRANSACTION LIABILITY INSURANCE: WHERE CORPORATE DEALS, INSURANCE CLAIMS-HANDLING INTERSECT

New York Law Journal / October 16, 2017

YES, YOUR D&O POLICIES COVER FCPA DEFENSE

Metropolitan Corporate Counsel / October 11, 2016

FRYING PAN OR FIRE? POLICYHOLDERS BEWARE THE STRANGE INCENTIVES IN “BURNING LIMITS” LIABILITY INSURANCE POLICIES

Policyholder Advisor & Alert / August 31, 2016

RETURNING TO THE MAJORITY RULE: LIABILITY INSURANCE RIGHTS CAN FOLLOW THE LIABILITY

New York Law Journal / December 14, 2015

RESISTING INSURER ATTEMPTS TO RECOUP D&O DEFENSE COSTS

Risk Management Magazine / September 17, 2015

10 TRAPS IN YOUR D&O INSURANCE

Policyholder Advisor & Alert / June 29, 2015

HELPFUL AUTHORITY FOR POLICYHOLDERS SEEKING ATTORNEY FEES

Westlaw Journal / March 26, 2015

ATTORNEY FEES AND LIABILITY INSURANCE: RECOVERING FEES PAID TO PLAINTIFFS AND FEES INCURRED BY POLICYHOLDERS

Westlaw Journal Insurance Coverage / March 26, 2015

A D&O’S SUCCESS ON ‘THE MERITS OR OTHERWISE’ SHOULD ELIMINATE INSURANCE COMPANY ATTEMPTS TO RECOUP DEFENSE COSTS

Policyholder Advisor & Alert / April 1, 2014

COVERAGE QUELLED BY EXTREME EXHAUSTION ARGUMENTS

Risk Management / February 11, 2014

LEADING COVERAGE LAWYERS: THE MOST SIGNIFICANT INSURANCE COVERAGE DECISIONS OF 2013

Coverage Opinions / January 8, 2014

COVERAGE QUELLED BY EXTREME EXHAUSTION ARGUMENTS: THE CAUTIONARY TALE OF THE QUELLOS CASE

Policyholder Advisor & Alert / December 6, 2013

INSURANCE COVERAGE FOR COLLEGES AND UNIVERSITIES

University Business / January 24, 2013

COVERAGE OPINIONS INTERVIEW WITH BILL PASSANNANTE

Coverage Opinions / November 29, 2012

MONSTERS UNDER THE BED: INSURANCE COVERAGE GAPS AND OTHER INVISIBLE EXCLUSIONS

Insurance Journal / November 20, 2012

WELCOME TO THE LAND OF LIABILITY: AN INSURANCE RECOVERY PRIMER FOR NON-U.S. BUSINESSES WITH U.S. OPERATIONS

Metropolitan Corporate Counsel / October 2, 2012

RIGHT TO INDEPENDENT COUNSEL: EFFECTIVELY IMPLEMENT AN INSURER’S DUTY TO DEFEND

New York Law Journal / September 27, 2012

INSURANCE COMPANIES STOPPED FROM SEEKING REIMBURSEMENT FROM POLICYHOLDERS – NOT TAKING RESERVATIONS

Policyholder Advisor & Alert / June 28, 2012

10 BIG MISTAKES MADE BY INSURANCE COMPANIES

PropertyCasualty360 / May 30, 2012

STRANGER IN A STRANGE LAND

Italy-America Chamber of Commerce / April 23, 2012

FOUR STEPS TO MAXIMIZE INSURANCE COVERAGE FOR NON-U.S. BUSINESSES WITH U.S. OPERATIONS THAT MAY BE SUBJECT TO LONG-TERM LIABILITIES

Interleges / March 27, 2012

ACT NOW TO MUFFLE THE SUPPOSED AND EXTREME EXHAUSTION DEFENSE IN YOUR EXCESS D&O POLICIES

Policyholder Advisor & Alert / December 6, 2011

ACT NOW TO MUFFLE THE SUPPOSED AND EXTREME EXHAUSTION DEFENSE IN YOUR EXCESS D&O POLICIES

Corporate Counsel / December 6, 2011

WHEN GOVERNMENT INVESTIGATORS COME CALLING, GIVE A LITTLE WHISTLE FOR D&O COVERAG

Corporate Counsel / October 4, 2011

WHEN GOVERNMENT INVESTIGATORS COME CALLING, GIVE A LITTLE WHISTLE FOR D&O COVERAGE

Policyholder Advisor & Alert / October 4, 2011

ZIP’ING IT UP: INSURANCE FOR PRIVACY VIOLATIONS CLAIMS

Law360 / September 14, 2011

ZIP’ING IT UP – INSURANCE COVERAGE FOR PRIVACY VIOLATIONS CLAIMS

Policyholder Advisor & Alert / August 28, 2011

‘ADVERTISING INJURY’: INSURANCE COVERAGE FOR INTELLECTUAL PROPERTY CLAIMS FROM ‘BLAST FAXES’ TO COPYRIGHT INFRINGEMENT

Kansas Bar Association / June 7, 2011

THE YEAR IN EMERGING RISKS

The Insurance Research Letter / June 2, 2011

THE YEAR IN EMERGING RISKS

Policyholder Advisor & Alert / June 2, 2011

FORCING AN INSURANCE COMPANY TO PAY LEGAL FEES FOR THE COVERAGE FIGHT: A STUDY OF STATE LAWS

The John Liner Review / February 16, 2011

PROTECTING AGAINST D&O LIABILITY FOR CLIMATE CHANGE-RELATED DISCLOSURES

Risk Management / February 7, 2011

MAXIMIZE YOUR INSURANCE RECOVERY FOR THEFT OR FRAUD LOSSES

American Bar Association / December 20, 2010

FIVE PRACTICAL TIPS FOR MAXIMIZING YOUR D&O INSURANCE COVERAGE IN THE WAKE OF THE GREAT RECESSION

Corporate Counsel / December 14, 2010

CLIMATE CHANGE RELATED D&O LIABILITY – THE COMING FLOOD?

American Bar Association / December 14, 2010

GETTING INSURANCE COVERAGE FOR YOUR INTELLECTUAL PROPERTY CLAIMS: HEALING ADVERTISING INJURIES

Corporate Counsel / April 5, 2010

GETTING INSURANCE COVERAGE FOR YOUR INTELLECTUAL PROPERTY CLAIMS: HEALING ADVERTISING INJURIES

Policyholder Advisor & Alert / April 5, 2010

A LOOK BACK: KEY DEVELOPMENTS IN INSURANCE RECOVERY

Policyholder Advisor & Alert / March 5, 2010

PROTECTING D&O INSURANCE IN TOUGH ECONOMIC TIMES

Law360 / January 12, 2010

PROTECTING D&O INSURANCE DURING DIFFICULT ECONOMIC TIMES

Policyholder Advisor & Alert / December 22, 2009

LET POLICYHOLDERS JOIN THE ‘PAR’-TY

Business Insurance / November 22, 2009

POLICYHOLDERS CAN DREAM, CAN’T THEY?

Financial Times / November 20, 2009

AFTER FAILURE, LITIGATION RISK FOR DIRECTORS

American Banker / November 18, 2009

ATTORNEY CONFLICTS OF INTEREST — A TOOL FOR INSURANCE COMPANIES

Corporate Counsel / October 15, 2009

A NEW YEAR’S LOOK BACK AT 2008 AND FORWARD TO 2009

Policyholder Advisor & Alert / February 11, 2009

IS THE CREDIT CRISIS A BLACK HOLE FOR D&O LIABILITY INSURANCE?

Policyholder Advisor & Alert / October 16, 2008

SUBPRIME MORTGAGE MESS – CAN INSURANCE PROTECT YOU FROM THIS CATASTROPHE?

Corporate Counsel / October 7, 2008

SUBPRIME MORTGAGE MESS: CAN INSURANCE PROTECT YOU FROM THIS CATASTROPHE?

Policyholder Advisor & Alert / October 7, 2008

THE ADVANCING MAJORITY: A SENSIBLE ANSWER TO DISPUTES OVER D&O DEFENSE COSTS

Corporate Board Member / September 16, 2008

INSURANCE COVERAGE AVAILABLE FOR THE SUBPRIME MORTGAGE COLLAPSE: CURRENT DEVELOPMENTS

International Bar Association, Insurance Newsletter / July 10, 2008

HORNS OF A DEFENSE COUNSEL DILEMMA

The Corporate Counselor / January 31, 2008

FINDING AND PROVING LOST INSURANCE COVERAGE

The John Liner Review / December 5, 2007

“CATCH ME IF YOU CAN”: IMPROPER DENIAL OF SECURITIES CLAIMS BY D&O INSURANCE COMPANIES

riskVue / October 3, 2007

AVOID THE INSURANCE COMPANY “FORUM SHOPPING-SPREE” – POLICYHOLDERS CAN PROTECT THEMSELVES FROM LITIGATING IN THE WRONG JURISDICTION

Corporate Counsel / September 19, 2007

A RISK WORTH TAKING? THE ROLE OF IN-HOUSE COUNSEL IN ENTERPRISE RISK MANAGEMENT

Corporate Counsel / May 2, 2007

CAN SETTLING A CLAIM DESTROY INSURANCE? CONSENT TO SETTLE CLAUSES – A TRAP FOR THE UNWARY

riskVue / January 17, 2007

TAKING IT PERSONALLY: BOARD MEMBERS OF MUNICIPAL AGENCIES FACE PERSONAL LIABILITY FOR PUBLIC SERVICE

Public Risk Management Association / January 1, 2006

TWELVE TIPS TO SECURE TO ENSURE INSURANCE COVERAGE FOR THE KATRINA AND RITA DISASTERS

Policyholder Advisor & Alert / October 3, 2005

THINK YOU’RE COVERED? PREPARE FOR A BOXING MATCH

Policyholder Advisor & Alert / July 1, 2005

CORPORATE SUCCESSORS CAN TAP HISTORICAL LIABILITY INSURANCE POLICIES

Policyholder Advisor & Alert / May 26, 2005

CORPORATE SUCCESSORS CAN TAP HISTORICAL LIABILITY INSURANCE POLICIES

riskVue / May 26, 2005

SUPREME COURT DOES SERVICE TO POLICYHOLDERS

Milwaukee Business Journal / February 1, 2005

D&O LIABILITY INSURANCE BASICS

Corporate Counsel / March 19, 2004

ENVIRONMENTAL INSURANCE: THE FAT LADY HAS NOT YET SUNG

Environmental Protection / October 23, 2003

YOU HAVE A MAJOR PRODUCTS LOSS – WILL YOUR INSURANCE HELP?

Anderson Kill's Pharmaceutical & Healthcare Insurance Alert / October 1, 2003

SEPTEMBER 11, 2001: HOW INSURANCE CAN HELP

Corporate Counsel / September 29, 2003

WHAT TO DO WHEN YOUR D&O INSURANCE COMPANY DENIES COVERAGE OR THREATENS TO RESCIND THE POLICY

Corporate Counsel / September 25, 2003

BUYERS BEWARE! CALIFORNIA CONFOUNDS CORPORATE POLICYHOLDERS

Policyholder Advisor & Alert / March 1, 2003

D&O LIABILITY INSURANCE AND CORPORATE GOVERNANCE: A MATCH MADE IN HEAVEN?

Corporate Counsel / July 1, 2001

News

Biggest General Liability Rulings From 2023’s Second Half

January 1, 2024

First Circuit Tasked With Big Decision on Insurance Company Cost Recovery

October 2, 2023

Super Lawyers Recognizes 16 Anderson Kill Attorneys in 2023

September 25, 2023

AI Bias Concerns Grow as Property Risk Modeling Advances

August 11, 2023

Banking Crisis Has Implications for D&O Insurance Sector

March 21, 2023

Regulatory Changes Could Prompt Biodiversity Litigation

March 2, 2023

Executive Risks Grow As SEC Climate Disclosure Rules Evolve

February 1, 2023

Cyber, Crypto Top D&O Concerns as Fears Over SPAC Claims Ease

February 1, 2023

Top General Liability Insurance Rulings of 2022

January 2, 2023

Businesses advised to review D&O, other policies for ESG risk

December 8, 2022

Super Lawyers Recognizes 14 Anderson Kill Attorneys in 2022

October 21, 2022

Eight Anderson Kill Attorneys Included in The Best Lawyers in America 2023

October 14, 2022

ESG Initiatives: How to Prioritize Sustainability and Avoid Legal and Financial Pitfalls

October 3, 2022

D&O Coverage Offers Layered Protection In Bankruptcy

September 21, 2022

The Legal 500 2022 Ranks Anderson Kill a Tier 1 Insurance Recovery Practice

June 8, 2022

Chambers USA Ranks Anderson Kill Among Top Insurance Recovery Practices Nationally, in New York, and in New Jersey; Firm Attorneys in D.C. and Philadelphia Also Recognized

June 1, 2022

The Supreme Court of Ohio Affirms Finding of Coverage for Liability for Property Damage Involving Incorporation of a Defective Ingredient into an Integrated Product

March 23, 2022

D&O Insurance Cases To Watch In 2022

January 3, 2022

Insurance attorneys address the impact of nuclear verdicts

September 30, 2021

TEN ANDERSON KILL ATTORNEYS INCLUDED IN THE BEST LAWYERS IN AMERICA, 2022

August 17, 2021

Legal 500 Recognizes Anderson Kill’s Insurance Recovery Group as a Top-Tier Practice for Fifteenth Consecutive Year

June 9, 2021

Chambers USA Ranks Anderson Kill’s Insurance Recovery Practices Among Top Practices Nationally, in New York, and in New Jersey

May 21, 2021

3 INSURANCE APPEALS TO WATCH AT STATE HIGH COURTS IN MARCH

February 26, 2021

Super Lawyers Recognizes 18 Anderson Kill Attorneys in 2020

October 21, 2020

Emerging liabilities fuel deep dig for insurance coverage

October 6, 2020

BEST LAWYERS RECOGNIZES 12 ANDERSON KILL ATTORNEYS

August 20, 2020

LEGAL 500 RECOGNIZES ANDERSON KILL’S INSURANCE RECOVERY GROUP AS A TOP-TIER PRACTICE FOR FOURTEENTH YEAR RUNNING

June 17, 2020

Chambers USA Ranks Anderson Kill’s Insurance Recovery Practices Among Top Practices Nationally; Seven Attorneys Ranked

April 27, 2020

Top exec with coronavirus a reportable event? It all depends

April 2, 2020

Best Lawyers in America Recognizes 10 Anderson Kill Insurance Recovery Attorneys

August 15, 2019

The Legal 500 Recognizes Anderson Kill’s Insurance Recovery Group for the 13th Consecutive Year

June 11, 2019

D&O, Employment Practices Insurers Sing the Varsity Blues

May 7, 2019

Anderson Kill Insurance Recovery Attorneys to Speak at RIMS 2019

April 4, 2019

Anderson Kill’s Insurance Recovery Group Named 2019 Legal Team of the Year by Business Insurance

March 26, 2019

Insurance Group Of The Year: Anderson Kill

January 30, 2019

Anderson Kill Named a National Tier 1 Firm by Benchmark Litigation

January 25, 2019

Super Lawyers Recognizes 20 Anderson Kill Attorneys in 2018

October 10, 2018

The Legal 500 US Recognizes Nine Anderson Kill Insurance Recovery Attorneys

July 11, 2018

Chambers USA Recognizes Anderson Kill’s Insurance Recovery Practice for Twelfth Straight Year

May 29, 2018

19 ANDERSON KILL ATTORNEYS NAMED TO 2017 SUPER LAWYERS AND RISING STARS LISTS

October 6, 2017

ELEVEN ANDERSON KILL ATTORNEYS SELECTED AS 2016 SUPER LAWYERS, NINE RISING STARS

October 4, 2016

Tips for Executives To Maximize D&O Coverage

June 27, 2016

Environmental responsibility is latest front in D&O litigation

June 6, 2015

Lawyers Weigh In On High Court’s Omnicare Decision

March 24, 2015

Mind the gap: Insureds still need to beware when buying D&O

March 19, 2015

TEN ANDERSON KILL ATTORNEYS SELECTED AS NEW YORK METRO SUPER LAWYERS, TWO RISING STARS

October 16, 2014

Capturing the Moment

October 8, 2014

Anderson Kill Forms Cyber Insurance Recovery Group

September 3, 2014

Enviros question if insurers will cover climate risks to executives

May 28, 2014

Rising Whistleblower Claims Challenge D&O Industry Interview with William G. Passannante

April 9, 2014

New York Court of Appeals Rejects Insurance Company’s Use of Limitations Period “That Renders Coverage Valueless”

February 21, 2014

NY High Court Says Deadline Unenforceable In Coverage Suit

February 13, 2014

Anderson Kill Wins Second Consecutive Insurance Group of the Year Designation from Law360

January 28, 2014

Insurance MVP: Anderson Kill’s William Passannante

December 4, 2013

Ruling Offers Cure for Health Contractors Chasing Coverage

February 11, 2013

Justice Department Suit Against S&P May Trigger General Liability Claims

February 10, 2013

Wash. Ruling Endorses Broad Shield Against TCPA Coverage

January 31, 2013

If Mergers Pick Up, Can Lawsuits Be Far Behind

January 25, 2013

Travelers Still On Hook For Defense Costs In Asbestos Suits

November 23, 2012

New York Appeals Court Upholds Decision Ordering Insurance Company to Provide Defense for Asbestos Claims Under “Joint and Several Liability” Standard

November 14, 2012

The Coverage Opinions Interview with Bill Passannante

November 12, 2012

Utah Supreme Court Rejects Insurance Company’s Claim of ‘Unjust Enrichment’ Against Policyholder In Above-Policy-Limits Judgment

January 31, 2012

Policy Dictates Insurers’ Right To Restitution: Utah Court

January 27, 2012

Awards & Honors
  • Chambers USA: Since 2006
  • The Legal 500 United States: Since 2011
  • The Legal 500 United States: Leading Individual 2018
  • Benchmark Litigation: National Litigation Star 2015-2020
  • Benchmark Litigation: State Litigation Star 2015-2020
  • Best Lawyers: since 2010
  • Super Lawyers: since 2014
  • Law360: MVP (Insurance) 2013
  • Martindale Hubbell: 2020 Top Rated Lawyer
  • Martindale Hubbel: AV® Preeminent™ Peer Review Rated
Education
  • Fordham University School of Law, J.D. (Editor, Fordham Urban Law Journal)
  • Oberlin College, B.A., with Honors in Economics
Bar Admissions
  • New York
  • New Jersey
  • District of Columbia
Court Admissions
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the District of New Jersey
  • United States Court of Appeal for the First Circuit
  • United States Court of Appeal for the Second Circuit
  • United States Court of Appeal for the Fifth Circuit
  • United States Court of Appeal for the Sixth Circuit
  • United States Court of Appeal for the Seventh Circuit
  • United States Court of Appeal for the Eighth Circuit
  • Supreme Court of the United States
Market Focused Groups

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