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

Stephen D. Palley

Partner
Washington, DC

Stephen D. Palley is a partner in the Washington D.C. office of Anderson Kill.  He is a seasoned trial lawyer and litigator with extensive experience in resolving complex commercial disputes in wide range of areas including insurance recovery, securities litigation, corporate governance disputes, construction and real estate disputes and media liability.  

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 of lawyers, with experience across a wide range of legal practice areas, who specialize in advising software, internet, and fintech companies. In addition to an active litigation practice, a significant part of Stephen's practice involves non-litigation counseling and advisory work, both as an outside general counsel to technology and media startups and as a trusted advisor to established business across a range of industries.

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, and serves a policy and law advisor and contributor to media platform The Block Crypto.  Stephen was selected for inclusion in the 2019 and 2020 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.  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.

     
     
     

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.
  • 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 media outlets in connection with first amendment, pre-publication review and media liability matters.
  • Representation of Investment Advisor in connection with recovery under Management Liability policies for SEC investigation costs.
  • 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.
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Custody Problems with Bitcoin and Other Crypto Assets
Corporate Counsel Business Journal (CCBJ) | September 30, 2020
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COVID-19 and Insurance for Construction Delays
Washington D.C. - Alert | March 27, 2020
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Bitcoin, trust, and simplicity
The Block | January 05, 2020
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Insurance Coverage for Cryptocurrency and Blockchain Risks
Policyholder Advisor & Alert | July 29, 2019
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Coverage for Bitcoin Losses ... or is There?
American Bar Association, Insurance Coverage, Litigation Journal | October 31, 2018
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Understanding the Risk of "Immutable" Blockchain Applications
Risk Management Magazine | October 10, 2018
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Court Finds No Jurisdiction Over Claims Concerning Cryptocurrency
Blockchain and Virtual Currency Alert | May 04, 2018
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Benefits Abound for Blockchain. So Do Risks.
Corporate Counsel Business Journal | March 01, 2018
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D&O Insurance for Cryptocurrency Litigation
Policyholder Advisor & Alert | February 15, 2018
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Understanding the Benefits and Risks of Blockchain
Risk Management Magazine | March 06, 2017
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Bitcoin, Blockchain and Insurance: New Tech, Old Rules
Policyholder Advisor & Alert | June 22, 2016
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Sticks, Bricks, Bytes & Drones: Opportunities and Challenges at the New Frontiers of Construction Law
American Bar Association, Forum on Construction Law | April 01, 2015
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Construction Insurance: An Introduction (Book Chapter), Fundamentals of Construction Law
American Bar Assocation, Forum on the Construction Industry | January 01, 2013
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Insurance Update: "Boilerplate," Subrogation Waivers and Choice of Law
14 Under Construction: The Newsletter of the American Bar Association, Forum on the Construction Industry | April 01, 2012
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Construction Insurance for Lawyers & Other Professionals (Book)
American Bar Association, Forum on the Construction Industry | January 01, 2012
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Construction Contract Insurance Clauses (Book Chapter)
American Bar Association, Forum on the Construction Industry | January 01, 2012
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Subrogation Waivers
The Construction Lawyer | January 01, 2011
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Construction Contract Subrogation Waivers: Dangers, Dilemmas, and Opportunities
American Bar Association, Forum on the Construction Industry | January 01, 2010
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Credibility and Impeachment of Witnesses
The Missouri Bar, 2006 (Fifth edition) | January 01, 2010
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The Expansion of Insurance Coverage for Defective Construction
The Construction Lawyer | January 01, 2008

Nov

18
2020
Wed
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The DeFi Debate

Finance Magnates Virtual Summit 2020

Washington, District of Columbia Register
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DeFi and the Law - A roundtable discussion with crypto's leading lawyers

The Block

October 13, 2020  |  Washington, District of Columbia
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Pursuing Coverage for COVID-19 Losses

Trial Guides, LLC

May 05, 2020  |  Washington, D.C.
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Insurance Coverage Stemming from the Coronavirus

Association Trends

April 21, 2020  |  Washington, DC
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Algorithmic Malpractice & Lawfare

ALM LegalTech2020 Conference

February 04, 2020  |  New York, New York
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Cyber Coverage For Things That Go Boom! -- Hackers Out To Destroy

Anderson Kill's 23rd Annual Policyholder Advisor Conference "Maximizing Your Insurance Recovery"

November 06, 2019  |  New York, NY
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Common Pitfalls of Certificates of Insurance

RIMS Toledo Ohio Chapter

October 03, 2019  |  Toledo, OH
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Contractual Risk Transfer

RIMS Workshop

September 13, 2019  |  Arlington, VA
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Contractual Risk Transfer

RIMS Workshop

September 12, 2019  |  Arlington, VA
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Blockchain and Corporate Governance

ETH Berlin

August 21, 2019  |  Berlin, Germany
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Mastering Bitcoin, Digital Currency, & Blockchain

The Rossdale Group

August 14, 2019  |  Washington, D.C.
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Identity and Personal Governance

World Legal Summit New York

August 01, 2019  |  New York, NY
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Insurance Coverage for Blockchain and Cryptocurrency Risks

Strafford Publications

May 29, 2019  |  Washington, D.C.
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Insurance Coverage for Emerging Technology Risks

Lawline

May 20, 2019  |  Washington, DC
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Consensus 2019

Coindesk

May 15, 2019  |  New York, NY
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Biometrics, Blockchain and Belligerence: Technology Risks and Insurance Protection

Anderson Kill Presents Its 5th Annual Cyber Insurance Recovery Conference

May 09, 2019  |  New York, NY
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Everything You Wanted to Know About Blockchain (But Were Afraid to Ask)

2019 Corporate Counsel Institute

March 13, 2019  |  Washington, D.C.
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Use Cases & Applications of Blockchain in Legal Services

LegalWeek 2019

January 28, 2019  |  New York, NY
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Legal Ethics and Cryptocurrency

American Bar Association, Cyberspace Law Committee

December 18, 2018  |  Washington, DC
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FinTech and Cryptocurrency: Opportunity or Hype?

New Castle County FinTech Forum

December 11, 2018  |  Wilmington, DE
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Coindesk Live

Coindesk

November 27, 2018  |  New York, NY
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Environmental Challenges in NYC Commercial Real Estate

CREWNY

November 06, 2018  |  New York, NY
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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
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The Art and Science of Settling an Insurance Claim

RIMS Palm Beach Chapter

October 11, 2018  |  West Palm Beach, FL
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Cryptocurrency

2018 PIABA Annual Meeting and Securities Law Seminar

October 10, 2018  |  Bonita Springs, FL
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Insurance Coverage Disputes and Construction Defects

Lorman

September 20, 2018  |  Washington, DC
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Legal Ethics and Cryptocurrency

2018 American Bar Association Business Law Section Annual Meeting

September 15, 2018  |  Austin, TX
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Is Your Nonprofit's Insurance Policy Really Protecting You From Cyber Losses?

Nonprofit Finance & Accounting Summit

September 12, 2018  |  Washington, DC
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Panelist, Block (Legal) Tech Conference

Illinois Tech - Chicago Kent College of Law

August 09, 2018  |  Chicago, IL
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Blockchain & the Evolution of Decentralized Storage

Net Diligence Cyber Risk Summit

June 13, 2018  |  Philadelphia, PA
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Coverage for Cyber Losses: As the Risks Grow, Will You Be Ready?

Anderson Kill

June 07, 2018  |  Washington, DC
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Anderson Kill's 1st Annual Blockchain and Virtual Currency Conference

Anderson Kill

May 23, 2018  |  New York, NY
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Fireside Chat Legal Panel

Blockchain Nation Miami

April 25, 2018  |  Miami, FL
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Blockchain Technology and Litigation Risk: When Good Ledgers Go Bad

ACC Central Pennsylvania Chapter

April 23, 2018  |  Marietta, PA
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Contracts and Agreements

American Association of Port Authorities

April 17, 2018  |  Savannah, GA
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Blockchains, Digital Currencies and the Future of Financial Services Industry

NYU Stern "Crypto Litigation Updates"

April 16, 2018  |  New York, NY
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Ten Tips for Nailing Down Responsive Cyber Coverage

RIMS Utah Chapter

April 12, 2018  |  Salt Lake City, UT
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Blockchain Technology and Litigation Risk: When Good Ledgers Go Bad

New York RIMS Chapter

March 15, 2018  |  New York, NY
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Cyber Risk Symposium for Financial Institutions

Willis Towers Watson

March 01, 2018  |  New York, NY
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Internet of Agreements, Legal Panel

IoA Conference

February 23, 2018  |  London, England
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Blockchain Technology and Litigation Risk: When Good Ledgers Go Bad

Anderson Kill

December 07, 2017  |  New York, NY
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The Future of Money and Technology Summit

December 04, 2017  |  San Francisco, CA
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Law & Order on the Horizon? Legal Perspectives on Tokens & the Future of Tokenized Ecosystems

Lakeside Partners & inacta Blockchain Summit - Crypto Valley

November 22, 2017  |  Zug, Switzerland
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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
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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
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Construction Projects: Insurance, Risk Transfer & Emerging Trends

ABA Forum on Construction Law Regional Program on Insurance

November 03, 2017  |  Washington, DC
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Blockchains: Tools of regtech - or of regulatory arbitrage?

RegTech 2017

October 03, 2017  |  Brooklyn, NY
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Where Does Blockchain Fit in Legal?

ILTACON 2017 Annual Educational Conference

August 15, 2017  |  Las Vegas, NV
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Construction Contract Waivers of Subrogation, Indemnity and Contribution

Strafford Publications, Inc.

July 06, 2017  |  Washington, DC
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Personal Data: An Asset and a Liability

K(NO)W Identity Conference

May 16, 2017  |  Washington, DC
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Insurance Subrogation, Indemnity and Hold Harmless Releases: Navigating the Complexities

Strafford Publications, Inc.

May 02, 2017  |  Washington, DC
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Indemnity v. Insurance: What remedy prevails?

American Bar Association

February 24, 2017  |  Phoenix, AZ
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The Low Down on Flying High: Risks and Legal Issues for Drones

ABA Forum on Construction Law

August 16, 2016  |  Washington, DC
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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
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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
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Insurance Subrogation, Indemnity and Hold Harmless Releases: Navigating the Complexities

Strafford Publications

March 19, 2014  |  Washington, DC
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Construction Insurance Coverage Disputes

Lorman Education Services Audio Conference Series

January 22, 2013  |  Washington, DC
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Warning - Construction Area: Real Life Insurance Challenges

Construction Litigation Leaders' Forum, HB Litigation Conferences

March 09, 2012  |  Santa Monica, CA
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'Indemnity Clauses," Know Your Risks, Know Your Options, Construction Insurance Program

American Bar Association Webinar Series

January 01, 2012  |  Washington, DC
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Insurance Coverage Disputes and Construction Defects

Lorman Education Services Webinar

January 01, 2012  |  Washington, DC
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Tools of the Trade: Construction Insurance

ARCADIS Webinar Series

January 01, 2012  |  Washington, DC
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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
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Basic Principles of Construction Insurance

Lorman Education Services

July 15, 2010  |  Washington, DC
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Conflicts with Additional Insured Coverage

Lorman Education Services

June 01, 2010  |  Washington, DC
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Insurance Coverage for Nuclear Power Plant Construction

U.S. Department of State

April 13, 2010  |  Washington, DC
25
Aug
2020
What’s up with Ripple? Modern Consensus
12
May
2020
20
Feb
2020
15
Jan
2019
29
Nov
2018
Tell it to the judge Decrypt Media
09
Aug
2018
08
Mar
2018
12
Dec
2017
26
Jul
2017

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, Missouri, Illinois (inactive)

COURT ADMISSIONS

United States District Court for the District of Columbia

United States District Court for the District of Maryland