Bradley J. Nash

Experience

Insurance Coverage:

• Obtained a preliminary injunction on behalf of a hedge fund manager, directing excess D&O insurers to pay up to $15 million for defense costs in a complex federal securities fraud prosecution  (Sup. Ct. N.Y. Cty.).
• Obtained a TRO (and later a preliminary injunction) directing a D&O carrier to pay the insured’s post-conviction defense fees, resulting in the first reported decision in New York state court granting injunctive relief against an insurance carrier for advancement of defense costs (1st Dep’t).
• Currently obtaining defense coverage for owners of a major media company under commercial liability and film producers liability policies.
• Representing romaine lettuce producer seeking coverage under a product contamination policy for losses arising from an E. coli outbreak.
• Successfully defended a real estate investment and management company against allegations of premium fraud by a workers’ compensation insurer, and secured coverage for a fatal injury suffered by a facilities manager.
• Represented a beneficiary of a $13 million life insurance policy in litigation over distribution of policy proceeds; the case settled on favorable terms just before trial.
• Successfully negotiated defense coverage on behalf of a U.S. film production company for proceedings in China arising from injuries suffered by a stunt actor.
• Successfully negotiated insurance coverage that facilitated the favorable settlement of a multimillion-dollar dispute between a cooperative apartment and tenant-shareholder over property damage.
• Negotiating business interruption coverage on behalf of major catering company.
• Represented policyholder seeking coverage under a computer fraud policy for losses from an $18 million Medicare fraud.

 

Business Litigation:

• Representing a leading small business lender in litigation arising from loans under the CARES Act and Paycheck Protection Program enacted in response to the COVID-19 pandemic.
• Defended a Texas-based oil and gas company in a derivative action challenging a $200 million financing transaction with a New York hedge fund. Successfully defeated a preliminary injunction motion at the outset of the case that sought to freeze the proceeds of a sale of 43 oil and gas fields in the Gulf of Mexico.
• Represented a real estate investment trust in consolidated derivative litigation against the company’s directors, in connection with the write down of a $38 million mezzanine loan.
• Obtained dismissal on appeal of an investment bank’s claim for a transaction fee arising from a failed acquisition of a Nevada gold mine (1st Dep’t).
• Defended sellers of an e-discovery business in litigation alleging fraud and breaches of representations and warranties in an asset purchase agreement.
• Represented a group of institutional investors in a novel proceeding in New York state court challenging Bank of America’s $8.5 billion settlement of claims arising from investments in mortgage-backed securities.
• Represented a foreign investment advisory firm and its principal in a civil insider trading action by the SEC. Successfully briefed a motion to release $2.7 million in client funds that were frozen by the court at the outset of the case.

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