2014 NEWS…

• John Rosenthal published an article in the Business Law News, a publication of the Business Law Section of the State Bar of California, Issue 1, 2015 on Case Note: The Rosolowski Case and the Implications for the Future Application of CBPC Section 17929.5 to Commercial Email Advertisements. In his article, John tackles the October 29, 2014 decision by the Second Appellate District in Greg Rosolowski v. Guthy-Renker LLC, affirming the lower court’s dismissal, without leave to amend, of a complaint under California Business and Professions Code section 17529.5 seeking statutory damages in respect of commercial email messages that bore allegedly deceptive “header” information. John presents a short history of California’s legislative attempts to regulate commercial emails, as well as a description of the federal response to those attempts (and to similar attempts by other states) – the Controlling Assault on Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM”) – and analyzes their application by the court in Rosolowski. To read the article, please click here.

• Harrington, Ocko & Monk, LLP is pleased to announce that Matthew Sullivan has joined the firm as an associate in the insurance defense practice group. Matt has worked on a vast array of tort matters ranging from construction site accidents, construction defect matters, complex premises liability issues, toxic torts, and products liability. Matt has handled all stages of litigation from discovery up through trial, including appeals. Matt received his J.D. from St. John’s University School of Law where he was the recipient of the Dean’s Award for Excellence in Supreme Court History and his undergraduate degree from Roanoke College.

• Harrington, Ocko & Monk, LLP is pleased to announce that Benjamin Lowenthal has joined the firm as an associate in the corporate, real estate and insurance defense practice groups. Ben has represented clients in all phases of complex civil litigation and corporate transactions. In addition, Ben has experience in environmental and energy regulatory and compliance matters, as well as environmental litigation. Ben received his LL.M. in Environmental Law and his J.D. from Pace University School of Law and his undergraduate degree in Environmental Economics and Management from the University of Georgia.

• Harrington, Ocko & Monk LLP proudly announces that the firm has again been selected to the 2014 New York Metro Super Lawyers^® list. In addition to the founding partners Kevin J. Harrington (Business Litigation), Robert S. Ocko (Business/Corporate) and Glenn A. Monk (Personal Injury General: Defense), this year, over 85% of the firm’s attorneys were selected to the 2014 New York Metro Super Lawyers^® list based on, among other things, peer recognition and professional achievements. Each year, no more than 5 percent of the lawyers in the state are selected by the research team at Super Lawyers^® to receive this honor.

• I. Paul Howansky, a partner in the firm’s Insurance Defense Litigation practice group, obtained a declaratory judgment in favor of the client, a trade contractor, whose carrier disclaimed coverage based on an exclusion authored by its underwriter. Mr. Howansky successfully argued that exclusion was ambiguous since the operative phrase used by underwriter was not defined in the policy and was susceptible to multiple interpretations. The Court directed that the carrier immediately assume the defense and indemnification of the client in the underlying lawsuit and reimburse its defense costs with interest.

• Julie Hellberg has been appointed a member of the New York State Bar Association, Committee on Civil Practice Law and Rules

• All the partners in the Insurance Defense Litigation practice group, handling construction liability, have completed their 10-hour OSHA certification. This course enhances our attorneys facility with technical safety issues involved with depositions, discovery and trial of these matters. In addition, this training allows our counsel to “speak the same language” of our client’s safety and risk management professionals and work with construction site witnesses.

• Harrington, Ocko & Monk, LLP is pleased to announce that Michael R. Wood has joined the firm as a partner in the corporate and real estate practice groups. Michael has represented businesses and individuals in general corporate and business matters, commercial and residential real estate, development and construction projects and commercial disputes. Michael received his J.D. from Brooklyn Law School and his Bachelor of Civil Engineering from Villanova.

• Marc Ackerman published an article in the Winter 2014 Edition of the Defense Association of New York (DANY) Journal on Labor Law §240 and The Falling Worker. To read the article, please click here.