Dennis Wade, a member of the planning committee for the Federal Bar Association Art Law & Litigation Conference, served as a moderator at a day long CLE program on February 7, 2019 at the National Arts Club. The program addressed cutting edge topics across the spectrum of art law, litigation and copyright issues in the digital age. For more information on the program’s substance, please call or email Dennis at ">.
With effect as of January 1, 2019, WCM is pleased to announce that Vivian Turetsky has been promoted to the rank of counsel. Vivian focuses her practice on insurance coverage litigation on behalf of general liability, fine art, and jeweler’s block insurers in both state and federal courts in New York and New Jersey. Vivian joined WCM after practicing commercial litigation at both large and boutique litigation firms.
On March 7, WCM will join with other Philadelphia firms and the Philadelphia Association of Defense Counsel in sponsoring a panel discussion entitled “Leaders in the Courtroom: From the Trial Courts to the United States Supreme Court.” The program (which involves female leaders of the judiciary and legal community) aims to provide insights, observations, suggestions and practical tips for increasing women’s participation as first chair trial attorneys and in other aspects of litigation. For more information about the seminar, please contact Colleen Hayes at ">.
WCM Partner, Bob Cosgrove, and WCM associate, Lauren Berenbaum, published an article entitled Can You Resell Misappropriated Art? in Freeman’s Monthly Business Bulletin. The article discusses the potential copyright issues faced by art collectors who resell misappropriated art. In addition, the article explores the legal challenges posed by artists’ increased use of social media to share their work, advertise upcoming exhibits, and market themselves to a wider audience.
For more information about this post, please contact ">Bob.
WCM is pleased to announce Counsel Colleen Hayes was recently appointed the Co-Vice-Chair for Social Media for the DRI’s Young Lawyers Steering Committee. The selection process draws from a national pool of applicants from all practice areas within the defense bar. In her role as a Steering Committee Member, Colleen recently wrote an article offering advice to young attorneys on how to begin developing business.
For more information about this post, please contact Colleen at ">.
WCM Partner Bob Cosgrove, a CIPM and CIPP-US, published an article entitled Porsches in London: Software, Cars and Recalls, in the December 2018 Defense Research Institute Data and Security Dispatch. The article discusses the gaps between traditional insurance products (i.e. commercial general liability policies, product recall policies and cyber policies) and the ever expanding information world that we live in.
For more information about this post please e-mail ">Bob Cosgrove.
2018 was an exciting year for WCM. First, we welcomed a new partner, Vito “Tony” Pinto as the new resident partner in our New Jersey office. Tony brings 25 years of experience to WCM’s litigation practice, and possesses expertise in defense of premises liability, property damage, construction defect and environmental matters in state and federal courts. This year we also bid a fond farewell to Denise Ricci, our former NJ resident partner. Denise has graduated to take up the noble endeavor of spending more time with grandchildren, in addition to other charitable works, and of course, we wish Denise all the best.
Also in 2018, the New York office promoted Vincent Terrasi to partner. Vincent’s trial experience and willingness to help younger attorneys make him an invaluable resource to WCM. Finally, each of WCM’s three offices saw an associate promoted to the role of counsel — Heather Aquino in New Jersey, George Parpas in New York, and Colleen Hayes in Pennsylvania. Congratulations to all on their well-deserved promotions.
On the legal front, WCM continued to demonstrate what our website has long advertised — results. In addition to various trial and summary judgment victories, and a litany of favorable outcomes in defense and coverage matters, WCM also had a significant victory at the New York Court of Appeals which has changed the landscape of social media discovery. In February, Mike Bono, Brian Gibbons and Chris Soverow obtained a unanimous reversal of a First Department decision in Forman v. Henkin, and as a result, civil defendants will now have access to a plaintiff’s social media platforms, with relevance trumping a plaintiff’s privacy interests. Our earlier post on the decision is attached here.
Dennis Wade and Mike Gauvin also created new law in a matter of first impression in New York, which will be of specific interest to art and specie insurers across the United States. In DAE Associates, LLC v. AXA Art Ins. Corp., the Appellate Division, First Department unanimously agreed with WCM’s argument that a fine arts dealer’s “all-risk” policy insuring against loss or damage to works of art does not provide coverage for defective title. This decision brings clarity to title insurers, that they will not be forced to pay title claims they never agreed to insure.
We look forward to continuing to serve our clients in 2019 — the 25th anniversary of Wade Clark Mulcahy! — and wish all our clients, colleagues, friends and family a happy and healthy new year.
The Holidays are a time to have fun and to look for inspiration for the coming year. Both may be found in the law. Here are some of my favorites–some fun, some inspirational.
“Truth isn’t truth.”
Rudolf Giuliani explaining why answering Special Prosecutor Mueller’s questions might pose a risk for the President.
“I like beer. I still like beer.”
Then Supreme Court Nominee Brett Kavanaugh answering questions about his high school days at Georgetown Prep.
“North Philly, Officer Sean Devlin, Narcotics Strike Force, was working the morning shift. Undercover surveillance. The neighborhood? Tough as a three dollar steak…”
Chief Justice Roberts, sounding like Dashiell Hammet, in dissent from a denial of certiorari in a probable cause case.
“So often in life, things that you regard as an impediment turns out to be great good fortune.”
Judge Ruth Bader Ginsberg
“Independence means you decide according to the law and the facts.”
Justice Stephen Breyer
“Eighteen-hole golf courses, 10-foot-high basketball hoops, 90 foot baselines, 100-yard football fields—all are arbitrary and none is essential…Many, indeed, consider walking to be the central feature of the game of golf-hence Mark Twain’s classic criticism of the sport: ‘a good walk spoiled.’”
The late Justice Scalia’s preface in dissent as to why the Supreme Court should not have touched the “cart” controversy in PGA Tour, Inc. v. Casey Martin.
“I do know one thing about me: I don’t measure myself by others expectations or let others define my worth.”
Justice Sonia Sotomayer
“The young man knows the rules, but the old man knows the exceptions.”
Justice Oliver Wendell Holmes
And that’s it for This and That:
MAY YOU FIND LOTS OF FUN AND INSPIRATION IN 2019
Recently, Mike Bono & Dana Purcaro of WCM obtained Summary Judgment for their client, in a decision issued by Judge Sherman in Supreme Court, Bronx County on the matter of Diplan v. Ergas, Index #605980/2014. Plaintiff was working at the defendant’s home as a housekeeper when she slipped and fell on water on the garage floor, which was a result of a bag of ice that was recently left in the garage and had begun to melt. The bag of ice was placed in the garage earlier that day by our clients’ daughter who did not permanently reside within the home.
Despite knowing that our clients’ daughter placed the ice in the garage prior to the accident, plaintiff never sought to depose her or amend their complaint to add her as a direct defendant in the action. At the close of discovery, we moved for SJ on the grounds that our clients did not create or have actual or constructive notice of the allegedly dangerous condition. We also pointed out to the court that the condition itself is not the type that would have been present for long enough to place constructive notice onto our clients.
Plaintiff opposed the motion stating that our clients were responsible for the placement of the ice in the garage as it is their home and they are responsible for the negligent conduct of anyone in their home. The Court rejected plaintiff’s argument, and found no triable issue of fact as to whether our clients caused the condition or had notice of the presence of melting ice in the garage. The Court also pointed out that the plaintiff failed to take testimony or amend the complaint to include the non-party daughter who put the ice in the garage despite having knowledge of her existence for several years prior to the submission of the motions.
Please email Dana Purcaro with any questions.