Stephen D. Palley

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- Blockchain and Virtual Currency Attorney | Anderson Kill P.C.

Partner
Washington, DC

spalley@andersonkill.com

202-416-6552

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EDUCATION

Washington University (St. Louis) School of Law, J.D.

University of Delaware, M.A.

Tufts University, B.A., cum laude

BAR ADMISSIONS

Washington, D.C., New York and Missouri

COURT ADMISSIONS

United States District Court for the District of Columbia; United States District Court for the Eastern District of Missouri; United States District Court for the Southern District of New York.

Profile
Experience
Publications
Speaking Engagements
News

Stephen D. Palley is a partner in the Washington D.C. office of Anderson Kill. A seasoned trial lawyer and litigator with extensive experience in insurance recovery, Stephen also has significant hands-on software development and design experience. He is co-chair of Anderson Kill's recently launched Blockchain and Virtual Currency group, a cross-disciplinary team providing counsel to Blockchain entrepreneurs and investors in areas including litigation, trial practice, insurance coverage, tax, intellectual property, corporate/transactional and employment law. Stephen has written and been quoted widely on legal issues arising from the use of Blockchain technology, with appearances in both print and television media.

In two decades of litigation experience, Stephen has handled a wide variety of commercial disputes in state and federal courts across the United States, including significant construction insurance and environmental insurance matters. His most recent trial experience includes a Fall 2017 jury trial in federal court regarding coverage for decades of environmental cleanup costs under insurance policies issued in the 1970s, leading to an eight figure jury verdict in favor of the policyholder. He has also represented owners, general contractors, construction managers and others in insurance transactions concerning tens of billions of dollars' worth of construction projects throughout the United States.

In the area of software design and development, Stephen has worked with clients to develop a wide range of compliance driven software platforms, including direct response advertising and dispute resolution software, as well as advising clients developing platforms with blockchain functionality.

Stephen was selected for inclusion in the 2019 The Best Lawyers in America list for Insurance Law. In 2018, Stephen was recommended in The Legal 500 United States for Insurance - advice to policyholders.

Stephen is a fellow of both the American College of Coverage and Extra Contractual Counsel (“ACCEC”) and the Construction Lawyers Society of America, and has also been recognized as Washington, D.C. "Super Lawyer" in Construction Litigation. He is a co-chair of the ACCEC’s Blockchain and Virtual Currency committee. A frequent and sought-after speaker and writer on construction insurance-related topics, Stephen is the lead editor and contributing author of Construction Insurance and contributing author of Fundamentals of Construction Law, treatises published by the ABA Forum on Construction Law.

Honors And Awards

Memberships

Fellow, American College of Coverage and Extra Contractual Counsel; Fellow, Construction Lawyers Society of America; Co-Chair, ACCEC’s Blockchain and Virtual Currency committee.

Trial and litigation counsel for owner in federal court jury trial regarding coverage for decades of environmental cleanup costs under London and domestic insurance policies issued in the 1970s, leading to a unanimous eight figure jury verdict. As part of a team of AK attorneys, Mr. Palley was responsible for depositions, expert witness preparation, motion practice, and trial preparation, including expert and fact witness examination during trial.
Representation of software developer in connection with design, development and launch of software based direct response advertising platform, including a variety on-going outside general counsel services, such as pre-publication review of social media statements, negotiation of commercial agreements with employees and vendors, and review of website content and advertising material.
Representation of software developers in connection with the design, development and launch of several blockchain based and enabled platforms, including consultation regarding platform structure, compliance obligations, and content delivery.
Representation of owner/developer in connection with procurement, negotiation and placement of insurance coverage for construction of $600 million-plus design/build sports arena. This work included a range of tasks including (1) assistance with engaging the broker of record for project, (2) underwriter presentations and policy language negotiation, (3) bond rating agency presentations, (4) negotiation of appropriate contract language in a range of project-related contract documents. Among other things, he was also intimately involved with review and evaluation of CCIP policies, along with insurance and related indemnity language in the prime contract. He also assisted with the resolution of claims that arose during the course of the construction project.
Representation of Owner/Developer of multiple residential developments in the New York metropolitan area in state court litigation involving reimbursement of repair costs associated with allegedly defective building components. The litigation involved more than a dozen subcontractors and their insurance companies and multiple cross-claims, as well as third and party complaints. Mr. Palley persuaded all of the involved parties, as well as a court appointed special master, to engage in an expedited and voluntary discovery process, which led to rapid settlement and payment of claims to his client without extended and expensive discovery or associated costs.
U.S. coverage counsel for international construction company in resolution of a number of ongoing insurance related construction claims.
Representation of policyholder in Federal Court in connection with D & O coverage litigation regarding underlying TCPA class action litigation. Successful resolution of matter following filing of Complaint and minimal motion practice.
Representation of EPC contractor in connection with procurement, negotiation and placement of insurance coverage for power plants in north eastern United States.
Representation of EPC contractor in connection with insurance procurement, placement and negotiation of insurance and related contract language for construction of a proposed nuclear power plant. Representation included negotiation with a public utility, review and negotiation of OCIP requirements, contractual insurance specifications, complex waiver and indemnity provisions applying to a proposed multi-billion dollar project, as well as providing advice on insurance requirements including marine, inland marine, nuclear, and more typical construction insurance products such as CGL/excess and builders risk.
Representation of owner/developer in connection with insurance coverage denial on the eve of trial of bodily injury claim arising out of construction of landmark Manhattan high-rise. Successfully negotiated eight-figure settlement with excess carrier after filing summary judgment motion.
Representation of medical practice and physicians in connection with insurance coverage dispute with professional liability insurance company and successful resolution of the same, leading to withdrawal of late coverage denial and defense and indemnity in underlying litigation with eight-figure damages claim.
Representation of construction manager in connection with procurement, negotiation, placement and litigation of insurance coverage for professional sports venues, airports, new hospital construction and other major infrastructure projects across the United States.
Representation of medical facility in connection with procurement, negotiation and placement of insurance coverage for construction of $500 million new hospital construction.
Representation of various parties in connection with procurement, negotiation and placement of insurance coverage for Ground Zero reconstruction in lower Manhattan.
Negotiation and placement of D & O policies for financial services and investment industry clients.
Representation of policyholders in reported cases such as Stanley Martin v. Ohio Casualty Group, 2009 U.S. App. Lexis 2758 (4th Cir. 2009) (confirming that standard CGL policies provide insurance coverage for property damage resulting from allegedly defective construction); Hunt Construction Group v. Allianz Global Risk, 503 F.3d 632 (2007) (Rejecting insurance company argument that builders risk policy written for major construction project at Detroit airport should be considered a "standard fire policy" for limitations purposes).
Representation of condominium association in connection with successful $2 million settlement of construction defect claims related to defective balconies on high-end residential condominium building in Washington, DC. This matter involved resolution of claims with insurance companies, a surety, developer and trade contractors.

The Block | January 02, 2019

The Block | November 20, 2018

The Block | November 06, 2018

American Bar Association, Insurance Coverage, Litigation Journal | October 31, 2018

Risk Management Magazine | October 10, 2018

Blockchain and Virtual Currency Alert | May 04, 2018

Corporate Counsel Business Journal | March 01, 2018

Policyholder Advisor & Alert | February 15, 2018

CoinDesk | February 05, 2018

Westlaw Journal Insurance Coverage | May 05, 2017

Policyholder Advisor & Alert | March 31, 2017

Risk Management Magazine | March 06, 2017

Policyholder Advisor & Alert | October 25, 2016

FC&S Legal | July 07, 2016

Policyholder Advisor & Alert | June 22, 2016

Coindesk.com | May 22, 2016

CoinDesk | March 20, 2016

Law Practice Today | January 14, 2016

American Bar Association, Forum on Construction Law | April 01, 2015

Construction Insurance: An Introduction (Book Chapter), Fundamentals of Construction Law

American Bar Assocation, Forum on the Construction Industry | January 01, 2013

14 Under Construction: The Newsletter of the American Bar Association, Forum on the Construction Industry | April 01, 2012

American Bar Association, Forum on the Construction Industry | January 01, 2012

The Construction Lawyer | January 01, 2011

American Bar Association, Forum on the Construction Industry | January 01, 2010

The Missouri Bar, 2006 (Fifth edition) | January 01, 2010

Construction WebLinks.com | January 01, 2010

Risk | January 01, 2009

Construction WebLinks.com | January 01, 2009

The Construction Lawyer | January 01, 2008

May

20 2019

Mon

Insurance Coverage for Emerging Technology Risks

Lawline

Washington, DC

May

13 2019

Mon

Consensus 2019

Coindesk

New York, NY

May

09 2019

Thu

Anderson Kill Presents Its 5th Annual Cyber Insurance Recovery Conference

Anderson Kill

New York, NY

2019 Corporate Counsel Institute

March 13, 2019 | Washington, D.C.

LegalWeek 2019

January 28, 2019 | New York, NY

American Bar Association, Cyberspace Law Committee

December 18, 2018 | Washington, DC

New Castle County FinTech Forum

December 11, 2018 | Wilmington, DE

Coindesk

November 27, 2018 | New York, NY

CREWNY

November 06, 2018 | New York, NY

Bitcoin, Blockchain and Cyber Risk: Recent Developments and What's Next

Anderson Kill's 22nd Annual Policyholder Advisor Conference 'Maximizing Your Insurance Recovery'

November 01, 2018 | New York, NY

RIMS Palm Beach Chapter

October 11, 2018 | West Palm Beach, FL

2018 PIABA Annual Meeting and Securities Law Seminar

October 10, 2018 | Bonita Springs, FL

Lorman

September 20, 2018 | Washington, DC

2018 American Bar Association Business Law Section Annual Meeting

September 15, 2018 | Austin, TX

Nonprofit Finance & Accounting Summit

September 12, 2018 | Washington, DC

Illinois Tech - Chicago Kent College of Law

August 09, 2018 | Chicago, IL

Anderson Kill

July 19, 2018 | New York, NY

Net Diligence Cyber Risk Summit

June 13, 2018 | Philadelphia, PA

Anderson Kill

June 07, 2018 | Washington, DC

Anderson Kill

May 23, 2018 | New York, NY

Blockchain Nation Miami

April 25, 2018 | Miami, FL

ACC Central Pennsylvania Chapter

April 23, 2018 | Marietta, PA

American Association of Port Authorities

April 17, 2018 | Savannah, GA

Blockchains, Digital Currencies and the Future of Financial Services Industry

NYU Stern "Crypto Litigation Updates"

April 16, 2018 | New York, NY

RIMS Utah Chapter

April 12, 2018 | Salt Lake City, UT

New York RIMS Chapter

March 15, 2018 | New York, NY

Willis Towers Watson

March 01, 2018 | New York, NY

Internet of Agreements, Legal Panel

IoA Conference

February 23, 2018 | London, England

Anderson Kill

December 07, 2017 | New York, NY

December 04, 2017 | San Francisco, CA

Lakeside Partners & inacta Blockchain Summit - Crypto Valley

November 22, 2017 | Zug, Switzerland

Bitcoin, Blockchain and Cyber Risk: Recent Developments and What's Next

Anderson Kill’s 21st Annual Policyholder Advisor Conference “Maximizing Your Insurance Recovery”

November 09, 2017 | New York, NY

Managing the New York Scaffold Law Liability Risks

Anderson Kill’s 21st Annual Policyholder Advisor Conference “Maximizing Your Insurance Recovery”, Breakout Session: Important Issues Affecting Key Industries

November 09, 2017 | New York, NY

ABA Forum on Construction Law Regional Program on Insurance

November 03, 2017 | Washington, DC

RegTech 2017

October 03, 2017 | Brooklyn, NY

ILTACON 2017 Annual Educational Conference

August 15, 2017 | Las Vegas, NV

Strafford Publications, Inc.

July 06, 2017 | Washington, DC

Anderson Kill

June 01, 2017 | Washington, D.C.

K(NO)W Identity Conference

May 16, 2017 | Washington, DC

Strafford Publications, Inc.

May 02, 2017 | Washington, DC

American Bar Association

February 24, 2017 | Phoenix, AZ

ABA Forum on Construction Law

August 16, 2016 | Washington, DC

Tempted by the Fruit of Another: Additional Insureds, Indemnity Agreements and Risk Transfer

HB Litigation Conferences: Emerging & Complex Insurance Claim Forum 2016

February 26, 2016 | Los Angeles, CA

Sticks, Bricks, Bytes & Drones: Opportunities and Challenges at the New Frontiers of Construction Law

ABA Forum on Construction Law Annual Conference

April 18, 2015 | Nashville, TN

Insurance Subrogation, Indemnity and Hold Harmless Releases: Navigating the Complexities

Strafford Publications

March 19, 2014 | Washington, DC

Construction Insurance Coverage Disputes

Lorman Education Services Audio Conference Series

January 22, 2013 | Washington, DC

Warning - Construction Area: Real Life Insurance Challenges

Construction Litigation Leaders' Forum, HB Litigation Conferences

March 09, 2012 | Santa Monica, CA

'Indemnity Clauses," Know Your Risks, Know Your Options, Construction Insurance Program

American Bar Association Webinar Series

January 01, 2012 | Washington, DC

Insurance Coverage Disputes and Construction Defects

Lorman Education Services Webinar

January 01, 2012 | Washington, DC

Tools of the Trade: Construction Insurance

ARCADIS Webinar Series

January 01, 2012 | Washington, DC

Additional Insured and Contractual Indemnity Coverage in Commercial and Construction Contracts: Reconciling Contractual Obligations With Policy Terms to Maximize Coverage

Strafford Publications

September 15, 2011 | Washington, DC

Basic Principles of Construction Insurance

Lorman Education Services

July 15, 2010 | Washington, DC

Conflicts with Additional Insured Coverage

Lorman Education Services

June 01, 2010 | Washington, DC

Insurance Coverage for Nuclear Power Plant Construction

U.S. Department of State

April 13, 2010 | Washington, DC

03
Apr
2019

Practice Areas

Insurance Recovery

Construction and Real Estate

Cyber Insurance Recovery

Professional Liability Insurance Recovery

Corporate and Commercial Litigation

Market Focused Groups

Block Chain and Virtual Currency

Regulated Products

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19
Apr

Cannabis Law 2019: Addressing Legal Issues and Uncertainties

Speakers: Jerry S. Goldman

Lawline | New York, NY

24
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In-House Litigation Counsel's Role in Insurance Claims and Risk Management

Speakers: Arthur R. Armstrong, Finley T. Harckham

Association of Corporate Counsel Greater Philadelphia 2019 In-House Conference

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SPEAKING ENGAGEMENTS

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HONORS & AWARDS

MEMBERSHIPS

BAR ADMISSIONS

COURT ADMISSIONS

EDUCATION

PERSONAL

Stephen D. Palley

Partner Washington, DC

EDUCATION

BAR ADMISSIONS

COURT ADMISSIONS

Construction Insurance: An Introduction (Book Chapter), Fundamentals of Construction Law

May

20

2019

Mon

May

13

2019

Mon

May

09

2019

Thu

Bitcoin, Blockchain and Cyber Risk: Recent Developments and What's Next

Blockchains, Digital Currencies and the Future of Financial Services Industry

Internet of Agreements, Legal Panel

Bitcoin, Blockchain and Cyber Risk: Recent Developments and What's Next

Managing the New York Scaffold Law Liability Risks

Tempted by the Fruit of Another: Additional Insureds, Indemnity Agreements and Risk Transfer

Sticks, Bricks, Bytes & Drones: Opportunities and Challenges at the New Frontiers of Construction Law

Insurance Subrogation, Indemnity and Hold Harmless Releases: Navigating the Complexities

Construction Insurance Coverage Disputes

Warning - Construction Area: Real Life Insurance Challenges

'Indemnity Clauses," Know Your Risks, Know Your Options, Construction Insurance Program

Insurance Coverage Disputes and Construction Defects

Tools of the Trade: Construction Insurance

Additional Insured and Contractual Indemnity Coverage in Commercial and Construction Contracts: Reconciling Contractual Obligations With Policy Terms to Maximize Coverage

Basic Principles of Construction Insurance

Conflicts with Additional Insured Coverage

Insurance Coverage for Nuclear Power Plant Construction

Partner
Washington, DC