Defense Digest, Vol. 28, No. 12, December 2022

On the Pulse…Other Notable Achievements

MARSHALL DENNEHEY COMBINES FORCES WITH LITIGATION BOUTIQUE, DELANY LAW

On October 31, 2022, the firm joined forces with the attorneys and staff of the Philadelphia-based litigation boutique Delany Law. Helmed by veteran trial attorney Jack Delany, the union brings three shareholders, one special counsel, one associate, two paralegals, and an experienced group of support staff to our Philadelphia and Mount Laurel, New Jersey, offices. All of the attorneys will practice in the firm’s Casualty Department.

“We are delighted to welcome the attorneys and staff of Delaney Law to the firm,” said G. Mark Thompson, our president & CEO. “Given our complimentary practices and the fact that our lawyers have long known, liked and respected one another, we felt uniting under the Marshall Dennehey umbrella would make us both better. The pairing affords Marshall Dennehey exceptional trial talent and greater bench strength in Pennsylvania, New York and New Jersey, while providing the lawyers and clients of Delany Law the opportunity to capitalize on the resources and efficiencies that we can provide as one of the country’s largest defense litigation firms.”

Jack Delany, founding partner of Delany Law and a well-known defense trial attorney in the Philadelphia region, joins our Philadelphia office as a shareholder. Jack defends catastrophic, high-profile, high-exposure cases against some of the country’s most formidable plaintiff firms. He has taken more than 60 jury trials to conclusion, as well as hundreds of bench trials, arbitrations and mediations. He has represented many Fortune 500 companies directly and as insureds and has handled complex litigation matters at the federal and state levels, as well as in administrative agencies and alternate dispute resolution forums. Jack also serves as national coordinating counsel for several product manufacturers.

Andrew Campbell and Kristen Worley also join our Philadelphia office as shareholders. Andrew has more than 20 years of experience in civil litigation and insurance defense, with specific focus in the areas of construction, fire and product litigation. Kristen has two decades of litigation and trial experience, representing clients in Pennsylvania and New Jersey in matters involving product liability, personal injury and commercial auto litigation. Andy Ciganek will join the Philadelphia office as an associate. With a strong background in civil litigation, he has successfully handled personal injury, wrongful death, premises liability, aviation, maritime and class action lawsuits.

Lastly, Michael Logue joins us as special counsel in the Mount Laurel office. Mike is an accomplished personal injury trial attorney and has obtained successful outcomes in matters involving bodily injury, workers’ compensation and property damage claims.

Jack Delany commented on the merger. “After 33 great years of running my own firm, the time has come to join forces with a larger firm that can provide the same level of intelligent, innovative resources paired with the solid support that my clients and my employees deserve. That firm, our new home, is Marshall Dennehey, one of the finest legal defense firms in the business for decades. We are thrilled to join this truly amazing team. They have the integrity, the impeccable reputation and the progressive ideals that will move our practice into an exciting new phase of history.”

 

RECOGNITION

Six attorneys from our New York City, Westchester County and Long Island offices have been selected to the 2022 edition of New York Metro Super Lawyers magazine. A Thomson Reuters business, Super Lawyers is a rating service of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Each year, no more than five percent of the lawyers in a state are selected as Super Lawyers and no more than 2.5 percent are selected for Super Lawyer Rising Stars. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. A description of the selection methodology can be found at http://www.superlawyers.com/about/selection_process.html. 

2022 New York Metro Super Lawyers

  • Nicholas P. Chrysanthem, Professional Liability: Defense (NYC)
  • James P. Connors, Personal Injury General: Defense (Westchester)

2022 New York Metro Super Lawyer Rising Stars

  • Dean Aronin, Transportation/Maritime (NYC)
  • Adam C. Calvert, Personal Injury General: Defense (NYC)
  • Preston Holmes, Transportation/Maritime (Westchester County)
  • Robert Demeusy, Personal Injury – Products: Defense (Long Island)

 

SEMINARS

Robert Aldrich (Scranton, PA) presented “Hot Topics in Healthcare” at the PAHCM (Pennsylvania Association of Health Care Risk Management) Fall conference.

Kimberly Kanoff Berman (Fort Lauderdale, FL) moderated a panel titled “Brief Writing for the Third DCA” at the Florida Bar’s Appellate Practice’s Practicing Before the Florida Third District Court of Appeal 2022 CLE seminar.

Christopher Block (Roseland, NJ) presented “Mastering the Professional Malpractice Mediation” at the PLDF Annual Meeting in Chicago.

Josh Byrne (Philadelphia, PA) participated in the Dauphin County Bar Association’s Member Benefit Compliance Session. Josh co-presented the ethics portion titled “PBA Malpractice Avoidance.”

Samuel Cohen (Philadelphia, PA) spoke on a panel at the Alternative & Direct Investment Securities Association (ADISA) trade conference in Las Vegas. The panel was titled “Hiring with Caution: How One Bad Apple Can Spoil Your Business.”

Christopher Conrad (Harrisburg, PA) co-presented “Special Education Litigation: Best Practices for Avoiding Liability, and Strategies for a Successful Defense” at the PLDF Annual Meeting in Chicago. Chris also presented “Safe Schools and Bullying” at the Pennsylvania Bar Institute’s Exceptional Children Conference.

Jonathon Cross (Philadelphia, PA) co-presented “Concussion in Sport - Causation and Risk Management in the Spotlight” at a recent Insurance Law Global webinar.

Brooks Foland (Harrisburg, PA) co-moderated the webinar “In the Zoom: Ins and Outs of Remote Mediation” for the Dauphin County Bar Association.

John Hare (Philadelphia, PA) spoke at the 2022 Convention of the Defense Research Institute. John addressed the history and notable decisions of the Pennsylvania Supreme Court. John also spoke at the 2022 Pennsylvania Governor’s Office of General Counsel University. The event is the yearly training program for attorneys in the executive branch of state government with more than 500 live attendees. John spoke at the invitation of the Pennsylvania Supreme Court and discussed the Court’s functions and notable decisions.

Mark Kozlowski (Scranton, PA) presented the webinar “Employment Law Basics – The Basis of OSHA, FLSA, ADA & More” for the Society for Human Resource Risk Management (SHRM).

Mary Kate McGrath and Adam J. Fulginitti (Philadelphia, PA) made a telehealth presentation for PAHCM (Pennsylvania Association of Health Care Risk Management).

Harold Moroknek (Westchester, NY) co-presented at the Auto Haulers Association Fall Expo in Orlando. The seminar was titled “Where Are You Leaking? Pain Points and Missteps: Things That Cost a Motor Carrier Unnecessary Defense and Indemnity Dollars.”

A.C. Nash (Fort Lauderdale, FL) presented “Talkin’ Bout My Generations” to the RIMS Broward County Chapter.

Tony Natale (Philadelphia, PA) and Robin Romano (Philadelphia, PA) were co-presenters at this year’s Philly I-Day conference. Their session, “Hot Topics in Worker’s Comp and Litigation Trends,” focused on trends and case law that are making waves in Pennsylvania workers’ compensation litigation, including unreasonable contest, discharge from employment issues within a workers’ compensation case, head injuries with post-concussion syndrome, and specific loss and extension to full body. Robin and Tony analyzed the impact of these cases on future similar litigation, and provided tips for mitigating exposures and liabilities from a risk management perspective. The presentation was attended by local insurance, claims and legal professionals.

Jeff Rapattoni (Mount Laurel, NJ) participated in various sessions at the International Association of Special Investigation Units conference. In “The Management of Brand Protection,” Jeff joined a panel that explored current risks in investigative insurance fraud while balancing the importance of protecting a company’s brand. The use of desk investigations, pass through claims, post-COVID major case and best practices were explored. Other topics included avoiding bad faith, proper statement techniques, and technology integration between claims and SIU. Jeff also co-presented “Legal Update: Emerging Legal and Legislative Trends in Fraud Fighting,” where a panel of legal experts involved in insurance fraud defense discussed current and emerging legal and legislative trends in the fight against fraud. Finally, he presented an Ethics session focused on investigator ethics, heard comments and critiques on current case law impacting the SIU and how it relates to the ethical investigation of insurance fraud moving forward.

Jeremy Zacharias (Mount Laurel, NJ) presented at an all-day CLE for the New Jersey State Bar Association titled “Commercial Real Estate Transactions: from Fist Bump to Closing.” Jeremy’s section related to ethical considerations pertaining to commercial real estate and the new age of cannabis litigation and the use of commercial space for cannabis dispensaries. Jeremy’s topic focused on the Rules of Professional Conduct and the various duties to disclose certain information during real estate transactions in a commercial setting and duties to third parties relying on an attorney’s advice. Additionally, Jeremy was a panelist at the Rutgers’

School of Law’s Professionalism Seminar, which is offered twice a year, and Jeremy is a recurring panelist to discuss the defense of ethics grievances and the RPCs in the state of New Jersey. The audience included first year law students learning about the Rules of Professional Conduct. The panel included a federal judge and an attorney from the

Public Defender’s Office. Jeremy discussed the importance of the Rules of Professional Conduct in daily practice and applications of the Rules of Professional Conduct in practical examples.

 

OTHER NEWS

Four attorneys from our Wilmington, Delaware, office have been selected 2022 “Top Lawyers” by Delaware Today magazine. The recognized attorneys are Bradley J. Goewert and Thomas J. Marcoz, Jr. for medical malpractice defense; and Benjamin K. Durstein and Keri L. Morris-Johnston for workers’ compensation employer defense.

 

PUBLISHED ARTICLES

Josh Byrne’s (Philadelphia, PA) article, “What to Think About When Deciding on Legal Malpractice Insurance,” was published by PLUS Blog on September 12, 2022. You can read the article here: https://plusblog.org/2022/09/12/what-to-think-about-when-deciding-on-legal-malpractice-insurance/.

Josh Byrne’s (Philadelphia, PA) article “Practical Considerations for Those Facing Suspension or Disbarment” was published in The Legal Intelligencer on October 3, 2022. You can read the article here: https://www.law.com/thelegalintelligencer/2022/10/03/practical-considerations-for-those-facing-suspension-or-disbarment/.

Josh Byrne (Philadelphia, PA) was quoted in The Legal Intelligencer article, “‘You Have to Battle When It Should Be a Walk in the Park’: Ethics Lawyers Say Attorney Discipline Has Gotten Tougher,” on September 1, 2022. You can read the article here: https://www.law.com/thelegalintelligencer/2022/09/01/you-have-to-battle-when-it-should-be-a-walk-in-the-park-ethics-lawyers-say-attorney-discipline-has-gotten-tougher/.

Matthew Keris (Scranton, PA) was quoted in the third quarter issue of Medical Liability magazine’s cover story, which explores the implications of artificial intelligence for MPL carriers and health care providers. You can read the article here: https://www.mplassociation.org/Web/Publications/Inside_Medical_Liability/Issues/2022/Q3/articles/AI_Offers_Opportunities_and_Risks_for_Providers.aspx.

Tony Natale (Philadelphia, PA) sat down with AM Best’s Insurance Law Podcast to discuss workers’ compensation fraud. Listen to the podcast here: https://lnkd.in/eTMvMkVe.

Alexander Possino’s (Pittsburgh, PA) article “Navigating Uncharted Territory: How to Avoid Danger Zones in the Evolving Landscape of Medicaid Liens” was published in the September 2022 edition of CLM Magazine. You can read the article here: https://736506f6.flowpaper.com/CLMSeptember2022/?utm_campaign=2210916_CLM%20Digital%20Edition%20Announcement%20922&utm_medium=email&utm_source=CLM&dm_i=37P3,1BDYC,2U2OSA,5514V,1#page=10.

Andrea Rock’s (Philadelphia, PA) article “When Filing a Petition Can Result in an Award of Attorney Fees” was published in The Legal Intelligencer on October 6, 2022. You can read the article here: https://www.law.com/thelegalintelligencer/2022/10/06/when-filing-a-petition-can-result-in-an-award-of-attorney-fees/.

Charlene Seibert’s (Pittsburgh, PA) article “The ‘Jaundiced Eye’ and the Fight to Prevent Inherent Speculation in Legal Malpractice Cases” was published by The Legal Intelligencer on October 6, 2022. You can read the article here: https://www.law.com/thelegalintelligencer/2022/10/06/the-jaundiced-eye-and-the-fight-to-prevent-inherent-speculation-in-legal-malpractice-cases/.

Robert Stanko’s and Andrew Goldstein’s (King of Prussia, PA) article “Increase in Crime Forces Local Businesses Into a Catch-22” was published in the October 29, 2022, issue of The Legal Intelligencer. You can read the article here: https://marshalldennehey.com/articles/increase-crime-forces-local-businesses-catch-22.

 

Defense Digest, Vol. 28, No. 12, December 2022, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2022 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.