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Joshua Gold has represented numerous corporate and non-profit policyholders in various industries, with recoveries for his clients well in excess of $1 billion. His practice involves matters ranging from international arbitration, directors' and officers' (D&O) insurance, insurance captives, business income and property insurance, commercial crime insurance, and data security. Mr. Gold has been lead trial counsel in multi-party bench and jury trials, and has negotiated and crafted scores of settlement agreements including coverage-in-place agreements. Mr. Gold has a regular column in Risk Management Magazine and has been published in numerous business and legal periodicals, covering a variety of insurance, commercial and consumer issues. He has been quoted on insurance coverage issues in Forbes magazine, CFO magazine, Business Insurance, National Underwriter, Computerworld, Best’s Insurance News and various other trade and business periodicals catering to the risk management, computer, medical and legal professions. Additionally, Mr. Gold is a frequent lecturer on insurance coverage issues, speaking at conferences nationwide and internationally, including conferences convened by the Risk and Insurance Management Society (RIMS), the Practicing Law Institute (PLI), the Chartered Property Casualty Underwriters Society (CPCU) and the College of Insurance, New York, New York.
Publications
"Whither the FDIC: It Might Become the 800-Pound Gorilla of Corporate Insurance Recovery," Enforce: The Insurance Policy Enforcement Journal, Volume 8, Issue 1 (April 2010) (with David E. Wood)
"D&O Coverage for Investigations," Risk Management Magazine (April 2010)
"Data Security: Insurance and Risk Management Issues," HL: Loss Prevention & Risk Management newsletter (April 2010) and Focus (Industry News), published by the New York State Hospitality & Tourism Association (February 2010)
"Insurance Coverage for Product Recalls, Property Damage and Injuries," Risk Management Magazine (January/February 2010)
"Protecting the House," Global Gaming Business Magazine, Volume 8, No. 12 (December 2009)
"The Coverage Tower - Anderson Kill examines the thornier issues around captive ownership," Captive Review (November 2009)
"'Death of Company': Insurance Coverage in Bankruptcy", The John Liner Review, Vol. 23, No. 3 (Fall 2009)
"The Trouble with Securing Collateral," Risk Management Magazine (November 2009)
"The Special Perils of Insurance Coverage," Focus (Industry News), published by the New York State Hospitality & Tourism Association (September/October 2009)
"Environmental Risk Trends," Risk Management Magazine (September 2009) (with John G. Nevius)
"Competing Insurance Interests in Bankruptcy," AKO Policyholder Advisor, Vol. 18, No. 3 (May/June 2009) and CPCU Society Newsletter, Vol. 26, No. 2 (August 2009)
"The Near Impossibility of Kidnap/Ransom Insurance," Forbes.com (June 2009) (with Brian Giehl)
"Avoiding M&A Insurance Problems," Risk Management Magazine (June 2009)
"Competing Interests in D&O," Risk Management Magazine (April 2009)
"Check and Double-Check," Risk Management Magazine (January/February 2009)
"Insuring and Securing Your Data," Risk Management Magazine (November 2008)
"The Hidden World of Policy Arbitration," Risk Management Magazine (September 2008)
"Fidelity Bond and Commercial Crime Coverage For Computer Fraud Claims," Corporate Counsel (July 2008)
"Cyber Insurance in Disarray," Risk Management Magazine (July 2008)
"Insurance Policy Arbitration Clauses: Perils and Considerations for Policyholders," Corporate Counsel (December 2007)
“Insurance Coverage For Regulatory and Internal Investigations,” NACD – Directors Monthly (December 20, 2007) (with Toby Freund)
“Income Loss Insurance Coverage for Businesses in the Frozen Zone,” AKO Policyholder Alert (July 24, 2007) and riskVue (October 2007) (with Finley T. Harckham)
“Beware! D&O Insurance Companies May Improperly Attempt To Recoup Defense Costs Paid To Policyholders,” Corporate Counsel (February 2007)
"Hurricane Katrina's One Year Anniversary: Make Sure Time Is On Your Side," AKO Policyholder Alert (August 2006) (with John N. Ellison and Finley T. Harckham)
"Don't Let the One Year Anniversary of Hurricane Katrina Blow Away Your Insurance Coverage," riskVue (August 2006)
"Don't Let The One-Year Anniversary of Hurricane Katrina Blow Away Your Insurance Coverage," AKO Policyholder Alert (May 2006)
“Taking It Personally,” Public Risk (January 2006) (with William G. Passannante and Diana Shafter Gliedman)
"Insurance Company Insolvencies: A Primer for Corporate Policyholders," The Insurance Coverage Law Bulletin (June 2003) (with John N. Ellison)
"Defense Cost Insurance Coverage is Broad in Scope: ‘Domain Name’ Claims — A Case in Point," riskVue (April 2003)
"'Uh-Oh'; D&O Insurance In Bankruptcy," Corporate Counsel (August 2002)
"Product Recall: Coverage, Pitfalls, and Pressure Points," The John Liner Review, Vol. 15 No. 2 (Summer 2001)
"Director’s and Officers’ and Fiduciary Liability Insurance Claims: Now Entering a Danger Zone," Banking Law Journal (October 1996)
“D&O Insurers: Fair-Weather Friends?,” The Corporate Board (May/June 1996) (with Eugene R. Anderson and Laura V. Jones)
“Malpractice Insurance: Careful Choice Can Prevent Later Problems,” Medical Malpractice (May 1996) (with Eugene R. Anderson)
“Multiple Policies Are False Security,” The National Law Journal (April 15, 1996) (with Eugene R. Anderson)
“Health Insurance Companies’ Math: Arithmetic Gone Haywire,” White-Collar Crime Reporter (March 1996) (with Eugene R. Anderson)
“Medical Malpractice Insurance Coverage Issues,” New York Negligence Reporter (January 1996) (with Eugene R. Anderson)
“Medical Malpractice Insurance: Are You Covered?,” Advanced Practice Nurse Sourcebook 1996 (1996) (with Eugene R. Anderson)
“Are You Covered?,” American Medical News (December 11, 1995) (with Eugene R. Anderson)
“When Your Malpractice Insurance Is Not What the Doctor Ordered,” BPI – Medical Liability Advisory Service (November 1995) (with Eugene R. Anderson)
“Safety Net May Not Hold,” The National Law Journal (October 9, 1995) (with Eugene R. Anderson and Randy Paar)
Selected Speaking Engagements
"Contractual Risk Transfer," (with Pamela D. Hans), Risk and Insurance Management Society Educational Workshop, San Francisco, CA (July 8-9, 2010)
"After the (Litigation) Flood: D&O Insurance Flashpoints in 2010 and Beyond," Anderson Kill & Olick, P.C. and the Greater NY ACC Chapter's Seventh Annual D&O Conference, New York, NY (March 25, 2010) (with William G. Passannante)
"Contractual Risk Transfer," (with Pamela D. Hans), Risk and Insurance Management Society Educational Workshop, Winnipeg, Canada (December 3-4, 2009)
"Ethics - Conflicts Counsel," (with Diana Shafter Gliedman), 12th Annual Policyholder Advisor Conference, New York, NY (September 17, 2009)
”What’s Hot – What’s Not in D&O/E&O Insurance,” (with William G. Passannante), 11th Annual Policyholder Advisor Conference, New York, NY (September 18, 2008)
"Ultrafine Print: How to Read an Insurance Policy," Southwest Florida RIMS Chapter, Naples, FL (July 17, 2009)
"Ten Tips for a Corporate Law or Risk Management Department," North Florida RIMS Chapter, Jacksonville, FL (June 10, 2008)
"How to Evaluate and Settle an Insurance Claim," Southwest Florida RIMS Chapter, Fort Meyers, FL (May 16, 2008)
"Understanding Key E&O, D&O and Fiduciary Liability Insurance Issues," Alberta RIMS Chapter, Calgary, Canada (May 8, 2008)
“Building a Better Property Insurance Program,” Risk and Insurance Management Society, San Diego, CA (April 29, 2008)
“Strategies and Tactics to Avoid Liability and Maximize Coverage,” Fifth Annual D&O Seminar, New York, NY (March 5, 2008)
“Ten Tips for a Corporate Law or Risk Management Department,” Hawaii RIMS Chapter, Honolulu, HI (February 21, 2008)
“Key Issues Affecting D&O/E&O Insurance,” 10th Annual Policyholder Advisor Conference, New York, NY (September 18, 2007)
“Legal Risk of E-Commerce; What Your Current Insurance Does Not Cover: Strategies for Limiting Exposure, Minimizing Risk and Avoiding Liability,” Strafford Publication’s Legal Risk of E-Commerce Teleconference, New York, NY (February 15, 2007)
“Insurance Update: Protecting Your Institution from Foreseeable and Hidden Liabilities,” A.S. Pratt & Son’s Audio Conference, New York, New York (January 17, 2007)
"The Forgotten Promise—Strategies and Tactics to Maximize the Value of D&O Insurance," 4th Annual D&O Conference, Harvard Club, New York, NY (June 22, 2006)
"Insurance Coverage Trends," National Business Institute, Melville, New York (June 16, 2006)
"Property Losses," Katrina/Rita/Wilma Damages: Recouping Your Losses With An Aggressive Insurance Recovery Program, New Orleans, LA (March 30, 2006)
“D&O Insurance Claims and Coverage Traps,” AKO 3d D&O Conference, New York, NY (September 27, 2005)
“Online in Cyberspace and Insurance Coverage Issues,” RIMS Dallas Chapter, Dallas, TX (September 15, 2005)
“Radio Interview,” WWRL/1600 AM, New York, NY (February 15, 2005)
“What is Not Covered,” NAPIA/AKO/What You Need to Know About Insurance, Cambridge, MA (September 13, 2003)
“Uncharted Liabilities and the Changing Technology E&O Landscape,” PLUS/(Professional Liability and Underwriting Society)/2003 Errors and Omissions (Non-Medical) Symposium, Philadelphia, PA (May 21, 2003)
“Hacking Away at Insurance Coverage: Cyberspace Insurance Coverage Issues & Pitfalls,” 42nd RIMS Conference & Exhibitions, San Diego, CA (April 19, 2003)
“Insurance Insolvency Problems: Policyholder Rights and Remedies When Your Insurer Disappears,” 6th Annual Policyholder Advisor Conference/Getting the Most Out of Your Insurance Program in Tough Times and Tight Markets, Chicago, IL (April 8, 2003)
“Product Recall Insurance: New Specialty Insurance Policies Lead to Plenty of Questions,” 41st RIMS Conference & Exhibition, Chicago, IL (April 8, 2003)
“Lessons learned from 9/11,” ABA Section of Litigation Coverage Litigation/CLE Seminar, Tucson, AZ (March 6-8, 2003)
“Getting the Most Out of Your Property Insurance Policy,” AKLA/NFA/Property Insurance Conference, New York, NY (November 2, 2002)
“Insurance Issues in Real Estate,” ACCA/Real Estate Insurance Conference, New York, NY (October 24, 2002)
“Cutting Through the Rhetoric on Insurance Coverage for Internet and Computer Related Claims,” World Research Group/E-Business Conference, Chicago, IL (September 26, 2002)
“Is Your Liability a Class Act?,” 40th RIMS Conference, New Orleans, LA (April 15, 2002)
“Hacking Away at Insurance Coverage Cyberspace Risk Insurance Coverage Issues,” 40th RIMS Conference & Exhibition, New Orleans, LA (April 14, 2002)
“Cybertech & Terrorism Insurance Coverage Issues,” American Management Association Center For Legal Management/Policyholder Advisor Conference, Washington, DC (February 7, 2002)
“Cutting Through the Rhetoric on Insurance Coverage or Internet and Computer Related Claims,” Insuring E-Business/Summit, San Francisco, CA (January 30, 2002)
“The History & Application of Troublesome Phrases in ISO Forms,” NAPIA/Commercial Property, Las Vegas, NV (December 8, 2001)
“Internet Coverage Issues,” ALI/ABA/Insurance Coverage in the New Millennium, New York, NY (October 12, 2001)
“D&O Insurance in the Aftermath of Enron, Worldcom, Etc.,” AKO 4th Annual Policyholder Advisor Conference, New York, NY (September 27, 2001)
“Cutting Through the Rhetoric on Insurance Coverage and Computer Related Claims,” World Research Group/Insuring E-Business Summit, Hartford, CT (September 24, 2001)
“ISM E-Business Insurance; ISM D&O Insurance,” International School of Management/Seminar, (AKO) New York, NY (August 17, 2001)
“Insurance Coverage Issues for E-Commerce Claims,” AKO Seminar on Insurance Coverage for Broker Dealers, New York, NY (June 14, 2001)
“Liability & Property Insurance for Cyberspace and Internet Risks: Communication & Operations Online,” Prima Conference/Public Risk Management Roundup, Chicago, IL (June 12, 2001)
”Liability & Property Insurance For Cyberspace and Internet Risks: Communication & Operations Online,” 22nd Annual Conference for Public Agencies Public Risks Management Association/E-Commerce: Risk Management in Local Government, Chicago, IL (June 12, 2001)
“Liability & Property Insurance for Cyberspace & E-Business Risks,” CPCU Chapter & Marymount College CLE/E-Commerce and Insurance: Coverage, Competition, and Conflicts, Tarrytown, NY (May 17, 2001)
“Corporate Management Liability Coverage: Riding the Wave of Coverage Change Into the Next Millennium-Current Issues in Directors and Officers Liability Insurance,” Association of the Bar of the City of New York/D&O Seminar, New York, NY (May 9, 2001)
“Current Issues in Directors and Officers Liability Insurance,” ABCNY/Current Issues in Directors and Officers Liability Insurance, New York, NY (May 9, 2001)
“D&O Insurance Coverage Issues and Pitfalls,” RIMS/Executive Decisions: Avoiding Dangerous Pitfalls in D&O Insurance, Atlanta, GA (May 2, 2001)
“EMF–-Related Claims: Insurance Coverage Issues & Pitfalls,” 39th RIMS Annual Conference & Exhibition/Telecommunications Industry Session, Atlanta, GA (April 30, 2001)
“Liability & Property Insurance for Cyberspace and E-Business Risks: Choose Your Insurance Company Wisely,” RIMS/Hacking Away at Coverage: Insurance Protection for Internet and Cyberspace Risks, Atlanta, GA (April 30, 2001)
“Commercial Property Insurance Coverage: Issues, Concepts and Pitfalls,” NYSBA/Residential and Commercial Insurance Concerns—Advanced Issues, New York, NY (April 6, 2001)
“Insurance Coverage for Data and On-Line Transactions,” RIMS Chicago Chapter Breakfast/E-Business Insurance Coverage Issues, Chicago, IL (February 15, 2001)
AKLA Meeting in Florida, Palm Beach Shores, FL (February 12, 2001)
“Insurance Coverage Issues for E-Business Claims,” Deloitte & Touche/International Claims Symposium, Ponte Vedra, FL (February 2, 2001)
“Insurance Coverage Issues for E-Business Claims,” International Claims Symposium, Ponte Vedra Beach, FL (January 31, 2001)
“Cybertech Insurance Coverage Issues,” AMA Policyholders Advisor Conference, Chicago, IL (September 21, 2000)
“Cybertech Insurance Coverage Issues,” AMAI/Protect your business … and your bottom line, Chicago, IL (September 21, 2000)
“Liability & Property Insurance for Cyberspace and E-Communication Risks: Chose Your Insurance Company Wisely,” FULCRUM/Insurance Coverage for Computer-Related Damages, Chicago, IL (September 18-19, 2000)
“What Types of Insurance Policies Might Cover Cyber Claims?,” FULCRUM/Insurance Coverage for Computer-Related Damages, Chicago, IL (September 18, 2000)
“D&O Liability Insurance Coverage Issues and Pitfalls,” RIMS /Lunch-n-Learn, San Francisco, CA (May 3, 2000)
“E&O Liability Insurance and Cyberspace Risk and Coverage Issues: Choose Your Insurance Company Wisely,” RIMS/Telecommunications Industry Session, San Francisco, CA (May 1, 2000)
“The Year 2000 Computer Bug and Related Insurance Coverage Issue,” AMA/Policyholder Advisor Conference, New York, NY (June 10, 1999)
“E&O Liability Insurance Coverage Issues: Choose Your Insurance Company Wisely,” RIMS Annual Conference and Exhibition/Explosion in E&O Liability Insurance, Dallas, TX (April 15, 1999)
“Key Subrogation Issues in Insurance Disputes,” RIMS Annual Conference and Exhibition/Beware the Subrogation Whipsaw, Dallas, TX (April 14, 1999)
“Legal Theories For Policy Holders Claiming Coverage and For Insurers Denying Coverage,” TIX/TIX Seminar Series for Insurance Professionals, New York, NY (October 6, 1998)
“Health Insurance Companies Are Making Managed Care Unmanageable For Policyholders & Health Care Providers,” RIMS 36th Annual Conference & Exhibition/Making Managed Care Costs More Manageable, San Diego, CA (April 30, 1998)
“E&O Liability Insurance Coverage Issues: Choose Your Insurance Company Wisely,” RIMS 36th Annual Conference & Exhibition/Explosion in E&O Liability Insurance: But Does It Cover Everything?!, San Diego, CA (April 29, 1998)
“Liability and Insurance Coverage Issues For the Year 2000 Computer Crisis,” New Jersey Apartment Association/Solving the Year 2000 Computer Bug: What the Apartment Industry Needs to Know!, East Brunswick, NJ (February 24, 1998)
Press
Mr. Gold is often quoted or cited in the press. The following is a representative sampling:
"Hard-to-find punitive damage coverage is tricky business," Business Insurance (February 14, 2010)
"Fraud case shows need for D&O priority clause," Business Insurance (October 4, 2009)
”NY Trade Center Ruling Exposes Equitas,” National Underwriter (April 30, 2008)
”Got a Bermuda Policy? Check the Fine Print,” Business Insurance (June 4, 2007)
”Avoid Surprises by Understanding Coverage,” Business Insurance (June 4, 2007)
”Tracing Origins of a Unique Policy Provision,” Business Insurance (June 4, 2007)
”Attorneys Warn Buyers to Document Cover,” Business Insurance (April 3, 2006)
Bar Admissions
New York
Pro Hac Vice Admissions in Alabama, California, Colorado, Connecticut, Florida, Illinois, Louisiana, Minnesota, Mississippi, New Mexico, Ohio, Texas.
Memberships
American Bar Association Section of Litigation, Computer & Technology Subcommittee, Co-Chair, Insurance Coverage Litigation Committee and the National Association of Corporation Directors (NACD).
Education
J.D., Benjamin N. Cardozo School of Law, Yeshiva University
B.A., University of Massachusetts, at Amherst
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