Edwards Wildman Palmer LLP
John practices business litigation and has extensive trial and appellate experience in courts throughout the country. He assists liability insurers with complex claims and coverage matters. He also represents insurers in coverage and bad faith litigation in state and federal courts. Many of his engagements have concerned financial institutions, particularly banks, investment advisers, mutual funds, venture capital funds, and insurance and securities brokers. These cases have involved claims under ERISA, the Investment Company and Investment Advisers Acts of 1940, federal and state securities laws and state law on negligence and breach of fiduciary duty.
In addition, John represents property and casualty insurers with respect to large exposure, complex claims. These have involved the successful resolution of allocation, aggregation and equitable contribution issues.
John has been named a "New England Super Lawyer" and a "Massachusetts Super Lawyer
" by Law & Politics magazine in 2007, 2008, 2009, 2011 and 2012.
- John is actively involved in the representation of liability insurers in coverage litigation throughout the country in state and federal courts, including bankruptcy courts.
- He has represented investment advisers in fee dispute litigation under the Investment Advisors Act of 1940 and state law.
- John litigates accounting malpractice cases, including both audit and tax preparation services, in state trial and appellate courts throughout the country.
- He continues to represent employers in employment discrimination cases in state and federal courts throughout the country.
- Roman Catholic Diocese of Brooklyn v. National Union Fire Insurance Company of Pittsburgh, PA, 87 A.D. 3d 1057, 930 N.Y.S. 2d 215 (2d Dep't 2011).
- XL Specialty Insurance Co. v. John D. Agoglia, et al., 2009 U.S. Dist. LEXIS 16244 (S.D.N.Y. Mar. 2, 2009).
- Millennium Partners, L.P. v. Select Insurance Company, 68 A.D.3d 420, 889 N.Y.S.2d 575 (1st Dep't 2009).
- Finn v. National Union Fire Inc. Co. of Pittsburgh, Pennsylvania, 452 Mass. 690, 896 N.E.2d 272 (Mass. 2008).
- GE HFS Holdings, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 520 F. Supp. 2d 213 (D. Mass. 2007).
Recent Speaking Engagements and Publications
- "Issue Spotting the Marathon Bombings - A Look at Potential Claims and Implicated Coverages," co-author, Claims Management Magazine, May 7, 2013.
- “Fundamentals of, and Insurance Coverage for, Merger Objections Suits: The Basics,” speaker, Edwards Wildman seminar, New York, NY, March 27, 2013.
- "Occurrence and Allocation Issues in Cases Involving Intentional Conduct," co-author, Insurance Coverage Litigation, American Bar Association, February 26, 2013.
- "Directors and Officers Insurance: An International Perspective," moderator, Edwards Wildman Seminar, February 5, 2013.
- “Shareholder Derivative Litigation: A Primer for Insurance Coverage Counsel,” co-author, Edwards Wildman White Paper, December 2012.
- "Mo. Issues Rare Ruling Denying Sex Abuse Coverage To Church," quoted, Law 360, November 30, 2012."
- "LIBOR Litigation: Spotlight on Insurance Coverage," speaker, Edwards Wildman Insurance and Reinsurance Webinar, November 15, 2012.
- "How Can Hedge Fund Managers Capture the Upside of ERISA Investments While Mitigating Costs Related to Potential ERISA Liability?" quoted, Hedge Fund Law Report, August 23, 2012.
- "LIBOR Litigation Spotlight on Insurance Coverage," speaker, Edwards Wildman seminars, August 9, 2012 and September 11, 12, 19, 20 and 21, 2012.
- "Directors and Officers Insurance: An International Perspective," moderator, Edwards Wildman seminar, New York, NY, February 7, 2012.
- "Comprehensive General Liability", speaker, Edwards Angell Palmer & Dodge seminar, New York, NY, September 16, 2011.
- "Recent Developments in Excess Insurance, Surplus Lines Insurance, and Reinsurance Law," co-author, Tort-Trial and Insurance Practice Law Journal, Winter 2011.
- "FDIC Renews Pursuit of Claims Against Directors and Officers of Failed Banks," co-author, PLUSweb Journal, Issue XXIV, Volume 5, May 2011.
- "Effects of an Insured's Insolvency and Bankruptcy on Coverage for Construction Defect Claims," speaker, Edwards Angell Palmer & Dodge seminar, December 10, 2010, March 24, 2011.
- "What's Happening in Claims? A review of development in the US and Europe," speaker, Edwards Angell Palmer & Dodge seminar, November 22, 2010.
- "New Wave of ARS Derivative Suits Will Need To Overcome The Business Judgment Rule," co-author, Securities Law360, November 2010.
- "Emerging Patterns in Financial Institution Claims," speaker, Edwards Angell Palmer & Dodge seminar, November 2, 2010, March 24, 2011.
- "E&O/FI Coverage and Claims: Current Topics and Trends in Errors and Omissions Coverage Issued to Financial Institutions," speaker, Edwards Angell Palmer & Dodge seminar, July 22, 1010, June 17, 2010, May 26, 2010, May 14, 2010, February 18, 2010, April 21, 2011.
- "Keeping Your General Partners Out of Hot Water," speaker, Boston Bar Association, May 12, 2010.
- "Accountants," co-author, Massachusetts Expert Witnesses Manual, May 2010.
- "Directors and Officers Liability: an International Perspective," speaker, Edwards Angell Palmer & Dodge seminar, London, April 13, 2010.
- "Directors and Officers Liability: An International Perspective," speaker, Edwards Angell Palmer & Dodge seminar, February 2, 2010.
- "A Focus on Settlement Negotiations in the D&O Context: Attaining a Favorable Settlement Number for Your Client," panelist, American Conference Institute's 15th Annual Advanced Forum on D&O Liability, New York, New York, November 30, 2009.
- "The Insurer’s Duty to Investigate: A powerful Tool in Compelling the Insured’s Duty to Cooperate," co-author, PLUS Journal, November 2009.
- "An Insurer’s Guide to the Duty to Defend, The Duty to Indemnify, and the Right to Independent Counsel," presenter, Chartis, October 27, 2009 and January 29, 2010.
- "The Scope of Post-Ponzi Fallout," co-author, Law 360, The Newswire for Business Lawyers, August 26, 2009.
- "Understanding and Dealing with the Sub-Prime Crisis," panelist, Bermuda Captive Conference, Southampton, Bermuda, June 23, 2009.
- "Madoff and Stanford: Claims, Liabilities and Coverage," panelist, Rogues and Rotters..., BILA Half Day Conference and Presidents Dinner, London, June 9, 2009.
- "First Circuit Issues Important Decision on Misleading Answers to Question in Policy Application," co-author, Professional Liability Underwriting Society Journal, April 2009.
- "Risk Exposures for Investment Advisors, Mutual Funds, Fund Directors and Hedge Funds," author, The Insurance Compliance Newsletter, Theodore Liftman Insurance, Inc., April 2008.
- "Sub-prime lending in the US - the potential claims and likely losers", speaker, Edwards Angell Palmer & Dodge Annual Review Seminar, Trinity House, London, March 6, 2008.
- "Navigating Troubled Waters: Massachusetts Court Wades Into Duty-To-Defend and Allocation Issues," co-author, PLUS (Professional Liability Underwriting Society), January 2008.
- "Mass. High Court Says Excess Carrier Not Bound By Primary's Settlement Decision," co-author, National Underwriter, November 5, 2007.
- "The SEC and public disclosure," quoted, Insurance Day, June 8, 2007.
- "What Happens When it All Goes Bad: Potential Penalties, Adverse Exposure, Liability, Corporate Risk, and D&O Insurance Issues. How to Handle It All," panelist, 2007 Bermuda Compliance Summit, Bermuda, June 4 - 5, 2007.
- "Narrow Definition of "Claim" Could Increase D&O Insurers' Risk," co-author, Volume XX of PLUS, May 2007.
- "Resolving Coverage Disputes with Multiple or Inconsistent Policy Provisions," panelist, 13th Annual D&O Liability Insurance Conference, New York, New York, April 18 - 19, 2007.
- "Narrow Definition of "Claim" Could Increase D&O Insurers' Risk," co-author, Edwards Angell Palmer & Dodge Insurance & Reinsurance Update, March 2007.
- "Victory in Massachusetts," co-author, Insurance Day, March 23, 2007.
- "The Changing Landscape of D&O Liability," co-author, Risk Management Magazine, January 2007.
- "Late-Notice Defense Must Be Asserted in Reservation Letter, Court Contends," co-author, National Underwriter, September 11, 2006.
- "Zealous Advocacy or Abuse of Process? Insurers Beware of "Post-Litigation Bad Faith"," co-author, Edwards Angell Palmer & Dodge Insurance and Reinsurance Update, June 2006.
- "Courts Putting A Lid On Exorbitant Expert Fees," co-author, National Underwriter, June 26, 2006.
- "New York Courts Continue To Wrestle With Notice-Prejudice Rule," co-author, Professional Liability Underwriting Society Journal, May 2006.
- "Choosing the Right Time to Give Notice Under a Claims-Made Policy," co-author, National Underwriter, October 24, 2005.
- "Financial Institutions Liability Developments," co-speaker, Report From the Front Lines: Litigation and Regulatory Developments Affecting Public Companies, Financial Institutions and Investment Funds, Bermuda, September 27, 2005.
- "Professional Liability/D&O - New York Decision Expands Potential Liability for IPO Underwriters," co-author, The Standard, August 19, 2005.
- "Help is on the Way for D&O Insurers: U.S. Supreme Court Will Settle Split Over Loss Causation Theories in Securities Fraud Actions," co-author, Edwards & Angell Insurance & Reinsurance Update, December 2004.
- "Professional-Liability Policy Exclusions Need Reviewing: Recent High-Profile Fraud Cases Highlight Risks to Directors," In Depth: Legal Services - Insider View, Boston Business Journal, November 26, 2004.
- "Navigating The Seas of D&O Policy Rescission," National Underwriter, September 20, 2004.
- "Mutual Funds May Fare Better With Courts Than With Regulators," co-author, Professional Liability Underwriting Society Journal, September 2004.
- "Conn. Suit Prompts Coverage Question," co-author, Venture Capital Journal, July 2004.
- "Independent Directors' Liability Insurance," Edwards & Angell Insurance & Reinsurance Update, Summer 2004.
- "E&O Policies and Professional Services," co-author, Professional Liability Underwriting Society Journal, April 2004.
- "Massachusetts Appeals Court Extends Cooperation Duty to Coverage Issues," co-author, Professional Liability Underwriting Society Journal, March 2004.
- "Securities & ERISA Suits: A Fatal Combination," co-author, National Underwriter, December 2003.
- "Insurer's Duty to Defend - Massachusetts Supreme Judicial Court Finds Carrier Not Vicariously Liable for Actions of Appointed Attorney," co-author, PLUS Journal, October 2003.
- "D&O Insurance Coverage Post Bankruptcy: Reason to Hope?" co-author, The Standard, August 2003.
- "Negligent Misrepresentation Claims - Georgia Supreme Court Requires "Out-of-Pocket" Standard for Damages," co-author, PLUS Journal, June 2003.
- "Federal Bank Regulators Seek Greater Power Over "Broken" Accounting Profession," co-author, Bank Accounting & Finance, June 2003.
- "Defense Counsel as Attorney for both Insured and Insurer," PLUS Journal, April 2003.
- "Dishonest Employee's Knowledge Does Not Trigger 'Prior Acts'," PLUS Journal, March 2003.
- "Proposed SEC Proxy Disclosure Rules - Investors' Savior or Plaintiff's Bar Weapon," co-author, Financial Advisor, December 2002.
- "Settlement of Non-Covered Claims," PLUS Journal, November 2001.
- "Ohio Supreme Court Deprives Insurers of the Attorney/Client Privilege in Bad Faith Cases," PLUS Journal, October 2001.
- "Securities Claims Against Accountants: GAAP," PLUS Journal, March 2001.
- "Liability of Insurers for "Unreasonable" Refusals to Settle," PLUS Journal, December 2000.
- "Claims by Defense Counsel Against Monitoring Counsel," PLUS Journal, November 2000.
- "Discoverability of Communications with Coverage Counsel," PLUS Journal, June 2000.
- "The "Basis to Believe" Question Continues to Perplex Insurers," PLUS Journal, April 2000.
Besides Edwards Wildman
John is a member of the Union Boat Club and sits on the Advisory Board of Greater Boston Catholic Charities. John is also a Fellow of the American Bar Foundation.