Author: Brian Gibbons

Wade Clark Mulcahy LLP Expands on Long Island with Addition of Steven F. Goldstein LLP

Wade Clark Mulcahy is pleased to announce the expansion of its Long Island presence with its merger with Steven F. Goldstein LLP.  In addition to Steve Goldstein, who will be Of Counsel to WCM, Partner Gina Arnedos and associate Patrick “PJ” Argento will join WCM, and current WCM Partner Brian Gibbons will serve as the managing partner of the Long Island office. They will focus primarily on liability defense, fraud investigation, and professional liability.  Arnedos, Goldstein, and Argento strengthen the firm’s robust litigation expertise. With the opening of the Long Island Office at the former site of Steven F. Goldstein LLP at 1 Old Country in Carle Place, NY, the firm will better serve its clients in Nassau and Suffolk Counties. “We are thrilled to open our Long Island Office and be able to better serve our clients,” says Bob Cosgrove, a member of Wade Clark Mulcahy Executive Committee. “Gina, Steve, and PJ are experienced trial lawyers, and we are ecstatic to have them join the firm.”   “Steve and I picked a jury together a few years back and hit it off immediately – I’m excited to work with Steve, Gina and Patrick going forward,” says Brian Gibbons. Steve Goldstein has spent over three decades representing clients, including department stores, camps, gyms, rock climbing facilities, horse farms, nursery schools, youth sports organizations, construction companies, and all manner of business and individual clients. He has vast trying and appealing cases in all New York State and Federal Courts. “We are pleased to join WCM and to offer more resources to our clients, both in the greater New York City area, and in other jurisdictions where WCM has a strong presence.” Gina Arnedos is a skilled trial attorney with 35 years’ experience litigating in New York. She has amassed extensive experience in guiding clients on risk management issues and evaluating cases for settlement, motions for summary judgment, appeals, and trials. Gina has litigated premises liability cases for a multitude of clients over the years, including department stores, camps, gyms, rock climbing facilities, horse farms, nursery schools, and all manner of business and individual clients. Since graduating from Argento Maurice A. Deane School of Law at Hofstra University in 2017, PJ Argento has gained experience litigating in State District Courts and Supreme Courts all over the State of New York. He began his career with the Suffolk County District Attorney’s Office in 2016, while still attending law school. Under a practice Order from the Appellate Division, Second Department, Patrick prosecuted cases as a Law Assistant in Suffolk County District Court. Argento just recently tried his first case in upstate New York. If you’d like any additional information about our new addition or the Long Island office in general, feel free to contact Brian Gibbons.Read More

Happy Holidays from Wade Clark Mulcahy

Another year in the books!    2022 saw in person litigation begin to come back in earnest (thank goodness), but looking forward, we won’t be cancelling our Teams/Zoom accounts any time soon — some degree of remote conferencing is certainly here to stay.    WCM continues to enjoy growth, in large part due to the loyalty of our friends and clients within and without the United States.   We look forward to our continued collaboration in 2023 and beyond.   And a special thanks to the support staff at our WCM offices, who keep the WCM train on its tracks every day. Please accept our Holiday E-Card, and our best wishes for a a Happy and Healthy Holiday Season!Read More

Call Your Next Witness (Cannabis Edition) — Alex Buscher of Buscher Law LLP

Read More

Call Your Next Witness – Ryan Eakes of Typhoon Farma

After a short break, the Call Your Next Witness podcast is back, with our first in a series of cannabis-related interviews.

The Cannabis Industry was taboo as recently as 10 years ago.  But now, not only is it a blossoming industry, but its becoming mainstream to the point where attorney and insurance conventions are including presentations specific to cannabis and how to insure that risk.

But how does one actually get into the commercial cannabis space, and what is the day-to-day like?  Ryan Eakes, Chief Operating Office of Typhoon Farma, a  hemp farm in western Colorado, offers some great insight into those questions through his own journey.   With a background in construction and business development — not in agriculture — Ryan jumped on an opportunity to get into the cannabis and hemp world on the ground floor.   Ryan encounters daily challenges that are truly unique to the cannabis industry, especially given the ever-changing regulatory framework he has to navigate.  Listen here, or search for Call Your Next Witness wherever you download podcasts.

Think of this interview as “Cannabis for Dummies.”  For questions about WCM’s practice in the cannabis insurance space, please contact Brian Gibbons.

Read More

Can A Verdict Render An Appeal Moot? (NY)

In a noteworthy decision, the Court of Appeals recently held that where a triable issue of fact is litigated and a final verdict reached, that issue of fact is rendered moot on pending appeal.  Meaning, if 1) a party moves for summary judgment on liability, 2) that motion is denied, 3) the movant appeals that decision, and 4) a trial verdict decides liability before the appeal is heard, that verdict becomes the law of the case, and the appeal is rendered moot.  This is a big deal. The recent decision of Bonczar v. American MultiCinema Inc., 38 N.Y.3d 1023, 1025, 188 N.E.3d 1000, reargument denied, 38 N.Y.3d 1170, 195 N.E.3d 526 (2022), presented a plaintiff who sought damages against the defendant for violating Labor Law §240(1) and moved for partial summary judgment on that claim. While the lower court granted plaintiff’s summary judgment motion, the Appellate Division reversed finding issues of fact as to whether a statutory violation occurred.  Subsequently, plaintiff’s Labor Law §240(1) was brought before a jury. At the conclusion, the jury held in favor of the defendant finding that plaintiff’s acts were in fact the sole proximate cause of his injury. The Appellate Division affirmed the jury’s verdict on appeal. Thereafter, plaintiff brought both the order denying his partial summary judgment motion and the order affirming the jury’s verdict before the Court of Appeals. The Court of Appeals held that pursuant to CPLR 5501(a) the denial of plaintiff’s summary judgment motion may be reviewed on appeal only if the nonfinal order necessarily affects the final judgment. In a matter of first impression, the court explained that to determine whether a nonfinal order necessarily affects the final judgment, the question is: “whether the nonfinal order necessarily removes a legal issue from the case so that there is no further opportunity during the litigation to raise the question decided by the prior non-final order.” The court explained that here, when the Appellate Division reversed the plaintiff’s motion for summary judgment, finding issues of fact, that nonfinal order did not remove any issues from the case; rather, it was left undecided. Instead, the parties had the opportunity to litigate those issues at trial, and in fact did so.   Therefore, the Court of Appeals held that the Appellate Division’s order denying plaintiff summary judgment did not necessarily affect the final judgment and thus, the Court of Appeals could not review it now on appeal. The decision is a big deal, because if a trial takes places while a summary judgment appeal is still pending — which can happen — the verdict trumps the appeal, and therefore.  Bonczar significantly reduces the leverage held by the appealing party in the scenario described above.    To that end, we recently attended a CAMP Conference at the 2nd Department, and the presiding judge was pressing the importance of Bonczar, to further incentivize settlement to all parties. Thanks to Gabi Scarmato for her contribution to this post.  For any questions about Bonczar, or how we expect it will be applied in the future, please contact Brian Gibbons.  Read More

Court Dismisses Defamation Suit Stemming From Negative Google Review (NY)

This past week, in DeRicco v Maidman, the First Department of the Appellate Division of the Supreme Court of New York reversed a trial court decision that denied a defendant patient’s motion to dismiss an orthodontist’s defamation claims against them.  The claims were brought by the orthodontist and his professional corporation against the patient and his parents after the parents posted an unfavorable (but anonymous) Google review. The First Department held that the review, which asserted that the orthodontist charged hidden fees, was not open during his stated business hours, and “did a horrible job” on the patient’s braces rendering the patient’s teeth “crooked and misplaced”, contained elements of both fact and opinion but was not actionable under New York law. Generally, NY courts presented with defamation suits must consider the “circumstances and [ ] the broader social context (i.e., the factual background)” to evaluate whether the message would be taken literally or figuratively by the ordinary person. Steinhilber v. Alphonse, 501 N.E.2d 550, 555 (N.Y. 1986). Here, the First Department considered the review in its overall context; for more than a decade, New York courts have noted that readers “give less credence to allegedly defamatory remarks published on the Internet than to similar remarks made in other contexts.” With this in mind, the court held that the review of the orthodontist posted by the patient’s parents would be understood by a reasonable reader to be “pure opinion” based on its anonymity and its “arguably loose, figurative, or hyperbolic tone.” Thus, the First Department ordered the trial court to dismiss the orthodontist’s complaint against the patient and his parents.   Thanks to Jason Laicha for his contribution to this post.   Please email Brian Gibbons with any questions about defamation claims and the defenses thereto.Read More

WCM Associates all Pass New York Bar Exam

As attorneys, through all the wins and losses we experience in our careers, few victories match the sheer relief one experiences upon passing the bar exam.  And some new WCM attorney got to experience that feeling this week. Wade Clark Mulcahy LLP’s new class of first year associates who sat for the New York Bar Exam in July all received some good news Thursday morning — all 5 passed the NY bar exam!   Congratulations to Chris Palmieri, Rebecca Pasternak, Lauren Howard, Yifan “Sherry” Lin and Alexander Rabhan.  Enjoy the weekend, perhaps an adult beverage or two, and then get back to work on Monday!   Congratulations on a job well done.Read More

Introducing WCM’s 2022 First Year Associates

We are pleased to introduce WCM’s newest team of first year associates, who are starting with us this week across our New Jersey, New York and Pennsylvania offices. New Jersey Harry Harnitchek is a graduate of Rutgers Law School and was a staff editor on the Rutgers Journal of Law and Public Policy.  Harry completed undergraduate studies at the University of Pittsburgh.  Prior to joining WCM, Harry was a judicial intern for various magistrate judges and interned with the Montgomery County Public Defender’s Office.  Harry is an avid gardener and chess player. Yifan (Sherry) Lin is a graduate of Brooklyn Law School and was president and founder of the International Law School Organization and member of the ADR Honor Society.  Sherry completed undergraduate studies at Rutgers University.  Prior to joining WCM, Sherry interned with an immigration firm and was a judicial intern for a New York County Supreme Court judge. Sherry is native proficient in Mandarin, and elementary proficient in Japanese and Italian. New York Alexander Rabhan is a graduate of Benjamin Cardozo School of Law and was president of the mentorship program for the first years and senator of the Student Bar Association.  Alex completed undergraduate studies at the University of Miami.  Prior to joining WCM, Alex interned with several civil litigation firms and with the New York Legal Assistance Group. Christopher Palmieri is a graduate of Touro College Jacob D. Fuchsberg Law Center and was an editor on Law Review.  Chris completed undergraduate studies at Pennsylvania State University.  Prior to joining WCM, Chris interned with a commercial litigation firm, interned with a Nassau County Supreme Court judge, and worked as a legal assistant. Lauren Howard is a graduate of St. John’s University School of Law and was a staff member of the New York Real Property Journal.  Lauren completed undergraduate studies at SUNY Geneseo.  Prior to joining WCM, Lauren interned with a civil litigation firm, an employment and labor litigation firm, and participated in a litigation clinic that focused on consumer justice for the elderly. Rebecca Pasternak is a graduate of St. John’s University School of Law and was an editor on the New York International Law Review.  Rebecca completed undergraduate studies at SUNY Binghamton.  Prior to joining WCM, Rebecca was an MLB salary arbitration intern and an intern with the US Court of Appeals for the Second Circuit’s civil appeals mediation program. Pennsylvania Brenna Jeffries is a graduate of Drexel University Thomas R. Kline School of Law and was a member of its Moot Court Board.  Brenna completed undergraduate studies at Townson University.  Prior to joining WCM, participated in internships that focused on elder law and with the Philadelphia Legal Assistance. Erin Gallagher is a graduate of Temple University James E. Beasley School of Law and was a staff editor on Temple Law Review.  Erin completed undergraduate studies at Brown University.  Prior to joining WCM, Erin interned with the US Department of Education – Office for Civil Rights and was a legal research assistant for various professors.  Erin is fluent in German. Erin Russell is a graduate of Drexel University Thomas R. Kline School of Law and was on the Moot Court Board.  Erin completed undergraduate studies at Franklin & Marshall College.  Prior to joining WCM, Erin interned with a commercial litigation firm and was a judicial intern with the United States District Court for the Eastern District of Pennsylvania.  Erin is an avid softball player. Haley Matthes is a graduate of Widener University Delaware Law School and was a member of Phi Alpha Delta Law Society.  Haley completed undergraduate studies at Lafayette College.  Haley was a summer intern at WCM and prior to that interned with the Northampton County Court of Pleas, with The Office of Pennsylvania Attorney General, and was selected as the only intern to serve The Office of Roderick Stewart, MP in London, England. Jean Scanlan is a graduate of Villanova University Charles Widger School of Law and was a member of the St. Thomas Moore, Pro Bono and Family Law Societies.  Jean completed undergraduate studies at Temple University.  Jean was a summer intern at WCM and prior to that was a judicial extern with the Court of Common Pleas – Civil Division. Sarah Polacek is a graduate of Drexel University Thomas R. Kline School of Law and was an editor on Law Review.  Sarah completed undergraduate studies at the University of Delaware.  Prior to joining WCM, Sarah interned with civil litigation and family law firms and was a judicial intern with the United States District Court for the Eastern District of Pennsylvania. Stephen Kerstein is a graduate of Temple University James E. Beasley School of Law and was a staff editor on Temple Law Review and president of the Jewish Law Students Association.  Stephen completed undergraduate studies at Indiana University.  Prior to joining WCM, Stephen interned with a civil litigation firm, was a class and research assistant for two professors and interned with a congressman in the US House of Representative.Read More

Call Your Next Witness – The 15 Commandments of Billing

What better topic to discuss during these hot Summer months than effective legal billing!    Georgia and Brian recently compiled “The 5 Commandments of Billing,” and with new associates starting at firms across the United States after Labor Day weekend, we opted to commit our 15 Commandments to the podcast.     Link to the episode is here.  The goal of this episode is to focus on the skill of billing — and it is a skill — in order to maximize the recovery on the work we do as attorneys.    Much like insurance, legal billing is an area that law school ignores completely, but is essential for the majority of attorneys to master.    If you’d like a pdf of the 15 Commandments of Billing, or are interested in being a guest on the podcast, please email Brian Gibbons or Georgia CoatsRead More

WCM Welcomes Steve Kim and Craig Chaney to our NJ Office

WCM is pleased to announce the return of Steve Kim, and welcomes Craig Chaney, both at the rank of counsel in our New Jersey office. Steve previously worked for WCM as a litigation associate from 2014 – 2019.  During that time, he handled complex, large exposure cases, consistently achieving favorable results for our clients.  Steve returns having gained further experience in managing, training, and leading a legal team consisting of young associates, paralegals and legal assistants related to personal injury defense of high-profile clientele. Craig is a skilled litigator with over two decades of experience in insurance defense and insurance coverage litigation.  He is a trial attorney whose practice focuses on defense of complex general liability claims and premises liability claims. Steve and Craig present a strong addition to WCM’s defense practice in New Jersey.Read More