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Coverage Issues To Consider in Wake of Child Victims Act – New York Law Journal
Category: Press | Wednesday, November 13th, 2019 | Comments Off on Coverage Issues To Consider in Wake of Child Victims Act – New York Law Journal
Bill Lalor’s article “Coverage Issues To Consider in Wake of Child Victims Act” was published November 12, 2019, in the New York Law Journal. The article provides information about the New York Child Victims Act (NYCVA), which has opened a year-long window for sex abuse victims to file claims that would otherwise have been outside the statute of limitations.
Click “Download PDF” to read the full article.
Early Sullivan Prevails on Behalf of Client My Instant Guru (“MIG”) Regarding Data Storage Master Service Agreement
Category: News, Press, Results | Friday, August 23rd, 2019 | Comments Off on Early Sullivan Prevails on Behalf of Client My Instant Guru (“MIG”) Regarding Data Storage Master Service Agreement
After a week-long arbitration, in Arya Group vs. My Instant Guru, the Hon. Richard A. Stone (Ret.) ruled in favor of Early Sullivan client, My Instant Guru (“MIG”), in its dispute with high-end architectural firm Arya Group, which was seeking damages just south of $50 million. Scott Gizer acted as lead counsel for MIG in the arbitration.
Arya claimed that MIG, which Arya hired for networking, backup, and disaster recovery services, set up a faulty computer network and failed to maintain sufficient backups for MIG’s files. As a result, when Arya’s server crashed, Arya claims to have lost all of its data, including architectural drawings (CAD files) that would cost tens of millions of dollars to recreate. Arya alleged five claims against MIG: (1) a breach of contract claim based on MIG’s alleged failure to maintain backups; (2) a negligence claim based on MIG’s purported duty; (3) breach of fiduciary duty; (4) negligent misrepresentation; and (5) fraud.
MIG argued that it fully performed as required and that the server crash and loss of data occurred because Arya failed to heed MIG’s warnings and follow MIG’s advice. Based upon the testimony of the parties and witnesses, the documentary evidence and the arguments of counsel, the Arbitrator ruled in favor of MIG regarding Arya’s claims against it. “Arya failed to heed MIG’s explicit and repeated advice regarding the server upgrade,” the ruling reads. The arbitrator found “there were simply too many opportunities for Ayra to protect itself, or allow MIG to protect it, to permit a finding for Arya in this matter.”
Early Sullivan Prevails for Client Sun West in Bench Trial Over Defective Loan
Category: News, Press, Results | Friday, August 2nd, 2019 | Comments Off on Early Sullivan Prevails for Client Sun West in Bench Trial Over Defective Loan
Following a bench trial before the Honorable Dennis J. Landin, a statement of decision was issued in favor of Early Sullivan client Sun West regarding a defective loan it was sold by First Alliance Home Mortgage LLC (“First Alliance”). First Alliance entered into a correspondent agreement with Sun West through which First Alliance would sell loans to Sun West that Sun West would then sell on the secondary market to certain governmental entities, including Fannie Mae and Ginnie Mae. Sun West was required to repurchase the loan in question from Fannie Mae because it did not meet certain regulations relating to borrower reserves. When Sun West demanded that First Alliance repurchase this loan from Sun West, First Alliance refused to do so claiming that Sun West should have caught the borrower reserve problem before purchasing the loan because Sun West had underwritten the loan.
At the trial, First Alliance again argued Sun West was the underwriter, but the evidence at trial showed that First Alliance was the final underwriter of the loan and that Sun West only performed a more limited underwriting review. Further, the evidence established that even if Sun West personnel were engaged in duties similar to those of an underwriter, they were not given the information about the borrower’s insufficient cash reserves until after the time of closing and, thus, could not have caught the issue. Therefore, the judge ruled that First Alliance was obligated under the parties’ contract to repurchase the loan.
First Alliance further argued that Sun West did not sufficiently attempt to mitigate the damages. The court found this unpersuasive as Sun West was not obliged to sell the loan on the open market, and it made efforts to convince Fannie Mae to keep the loan and sought further documentation from First Alliance to rectify the deficiency, which was never produced. Additionally, Sun West proposed a “lender credit” to Fannie Mae to reduce the risk. Due to the reasons listed above the court ruled in Sun West’s favor stating it “did all it was required to do under the law.”
Click “Download PDF” to read order.
Bryan Sullivan Quoted in Newsweek on Leaked Photo of Jay-Z and Beyonce’s Children
Category: News, Press | Friday, April 5th, 2019 | Comments Off on Bryan Sullivan Quoted in Newsweek on Leaked Photo of Jay-Z and Beyonce’s Children
Bryan Sullivan was recently asked by Newsweek to comment on the possible legal consequences of sharing photos of celebrity children without permission. According to Bryan, even though the private photo of Jay-Z and Beyonce’s children was quickly taken down by the gossip blog that initially posted it, the couple could still file a lawsuit for invasion of privacy and seek damages for emotional distress.
To read the full article, click here.
William Lalor’s Article “The Looming Long-Tail Risk of E-Cigarettes” Appeared in Risk Management
Category: Press | Monday, March 4th, 2019 | Comments Off on William Lalor’s Article “The Looming Long-Tail Risk of E-Cigarettes” Appeared in Risk Management
William Lalor’s article “The Looming Long-Tail Risk of E-Cigarettes,” appeared in the March issue of Risk Management magazine. The article discusses the risks of e-cigarettes and that of the chemical diacetyl, which can be used to create a wide range of vaporized aromas. The article also discusses insurance coverage issues. Click here to read the full article.
Early Sullivan Prevails in 10th Circuit Published Opinion
Category: News, Press, Results | Wednesday, February 27th, 2019 | Comments Off on Early Sullivan Prevails in 10th Circuit Published Opinion
Scott Gizer and Sophia Lau successfully prevailed in Banner Bank v. First American. In the attached published opinion (click “Download PDF”), the 10th Circuit reversed the district court’s ruling on summary judgment with instructions to enter judgment in favor of Early Sullivan client First American finding that one of the nations’s largest title companies had no duty to defend or indemnify its insured, Banner Bank, in an action that alleged that the Bank’s deed of trust was the subject of a fraudulent transfer.
The district court has previously held that First American had a duty to defend and indemnify Banner, breached the implied covenant of good faith and fair dealing, and was responsible for attorneys’ fees by focusing on a single allegation in the complaint against the Bank stating that the Bank’s deed of trust was invalid. This resulted in an award of damages ($675,000) plus attorneys’ fees in an underlying lawsuit ($159,288), and consequential damages of attorneys’ fees in this case ($130,411.50).
The 10th Circuit reversed finding that the district court erred by reading this single allegation in isolation, instead of reading the complaint as a whole as required when determining the duty to defend. When the complaint was read as a whole, the 10th Circuit noted that First American reached the correct legal conclusion that it did not owe a duty to defend or indemnify; it reached this conclusion after complying with its duty to “diligently investigate the facts to enable it to determine whether a claim is valid,” “fairly evaluate the claim,” and “act promptly and reasonably in rejecting or settling the claim.” Prince v. Bear River Mut. Ins. Co., 56 P.3d 524, 533 (Utah 2002).
Devin McRae Comments on Woody Allen, Amazon Legal Battle in The Hollywood Reporter
Category: News, Press | Wednesday, February 13th, 2019 | Comments Off on Devin McRae Comments on Woody Allen, Amazon Legal Battle in The Hollywood Reporter
Devin McRae was recently quoted in Eric Gardner and Tatiana Siegel’s Hollywood Reporter article “Can Amazon Get Out of Its Woody Allen Deal? It’s Complicated.” According to Devin, if the suit went to trial Amazon would likely tell a jury, “If you are engaged in predatory conduct, maybe you shouldn’t be rewarded.”
To read the full article, click here.
Early Sullivan Handles Another Lawsuit Involving Native American Law, Representing Homeowners Alleged To Be Trespassing on Indian Land
Category: News, Press, Publications | Friday, September 14th, 2018 | Comments Off on Early Sullivan Handles Another Lawsuit Involving Native American Law, Representing Homeowners Alleged To Be Trespassing on Indian Land
Mobile home park Safari Park Inc., located in Palm Springs, California, filed a lawsuit in the United States District Court for the Central District of California against numerous high-end property owners, alleging that they regularly trespass onto land allotted to a member of the Agua Client Band of Cahuilla Indians and subleased by Safari Park.
Early Sullivan represents the property owners and has filed a Motion to Dismiss Safari Park’s action, arguing that the Plaintiff relies on federal laws which do not confer jurisdiction of the action to the Central District. The Firm argues that the law cited by Safari Park that authorizes the allotment of reservation land to individual tribal members, and the related law that allows this property to be leased, do not apply to disputes between non-Indian lessees like Safari Park and third parties like the homeowners — rather, the laws can only be applied to relationships between lessees and Indian landowners.
The full article in the Desert Sun can be read here.
Eric Early Represents Non-Profit Group Concerned About Fair Education in Santa Barbara
Category: News, Press, Publications | Wednesday, September 12th, 2018 | Comments Off on Eric Early Represents Non-Profit Group Concerned About Fair Education in Santa Barbara
Representing a group of concerned citizens about fair and quality education, Eric Early appeared before the Board of the Santa Barbara Unified School District and spoke about its pending adoption of training programs to be provided by a nonprofit named Just Communities Central Coast. Detailed in Josh Grega’s Santa Barbara News-Press cover story titled, “School Board Threatened With Lawsuit Over Training Program,” Eric spoke out against three memoranda of understanding that purport to deal with diversity, inclusion and equity in schools, arguing that they were radical, discriminatory, and illegal. Early stated, “I’m here to tell you that the Board should consider long and hard and very carefully the legal exposure it will face if it enters these MOUs.”
Bryan Sullivan Settles Lawsuit for Client Terry Crews
Category: News, Press, Results | Friday, September 7th, 2018 | Comments Off on Bryan Sullivan Settles Lawsuit for Client Terry Crews
Several publications, including Vanity Fair and The Hollywood Reporter covered Bryan Sullivan’s representation of actor Terry Crews in his #MeToo case against behemoth agency WME and agent Adam Venit. Bryan filed the civil lawsuit last year against WME and Venit following allegations that he groped Crews at an industry party in 2016. WME admitted that Venit had exhibited a pattern of this type of behavior. As part of the settlement, Venit will be retiring from WME and the agency will institute a new, landmark policy to address workplace conduct of this nature.
Additionally, Bryan authored an exclusive Forbes article about his experience representing Crews in his lawsuit.