Barry I. Buchman

Barry I. Buchman

Gilbert LLP

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Latest Publications


There is No Need To Be Alarmed By Alarmist Readings of New York’s Most Recent Ruling On Waiver of Notice Defenses

The New York Court of Appeals recently reversed and remanded a lower court’s ruling that insurers had waived their late notice defense by not raising the defense until years after they first received notice of a pollution...more

6/20/2014 - Discharge of Pollutants Remediation Waivers

The Increasingly Visible Hand of the Reinsurer in Insurance Coverage Disputes

The parties to a mass tort insurance coverage dispute have never been the only ones with a significant interest in its outcome. Direct insurers have relied on reinsurers to spread their own risk. In the past, in cases where a...more

2/4/2014 - Insurance Industry Insureds Reinsurance Scope of Coverage

“Always on Your Mind” – Why Insurance Considerations Should be an Integral Part of Overall Loss Prevention Strategy

Over the past several years, businesses of all sizes have witnessed a proliferation of risks to their bottom lines, both from potential direct losses such as property damage and business interruption, and from potential...more

7/2/2013 - Business Development Class Action Commercial Insurance Policies Cybersecurity Regulation Wage and Hour

Social Media in Litigation

The first quarter of 2013 was among the busiest yet for developments in the use of social media in litigation. First, courts have continued to weigh in on the extent to which a party can obtain discovery of an opposing...more

4/18/2013 - Discovery Evidence Facebook Gatto v United Air Lines Record Preservation Social Media Social Media Policy Spoliation United Airlines

Skirmishes Over Use of Social Media in Litigation Continue to Intensify

Since our prior two posts on the issue, there have been several developments showing that questions about the proper use of social media in litigation continue to abound. These developments demonstrate that practitioners who...more

1/9/2013 - Discovery Evidence Facebook Juror Misconduct Social Media Twitter

Whether Because of Floods or Droughts, Weather Can Shut Down the Mississippi River and Cause Business Interruptions

Last year, we wrote an article published in the Corporate Counselor that discussed the coverage consequences of business interruptions caused by unprecedented flooding of the Mississippi River. In the article, we discussed...more


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