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Lowenstein Sandler LLP

Michael D. Lichtenstein

Michael D. Lichtenstein

Partner

Expertise

  • Environmental Law & Litigation
  • Commercial & Business Litigation
  • Global Financial Crisis Group
  • Business Litigation

WSG Practice Industries

Activity

WSG Leadership

ABA Group
Member
WSG Coronavirus Task Force Group
Member

Lowenstein Sandler LLP
New York, U.S.A.

Profile

Michael brings 25 years of experience to his insurance recovery, environmental, and commercial litigation practice. Recognized as "very intelligent, a very strategic thinker, and an excellent negotiator" (Chambers USA), Michael consistently achieves outstanding results without the rancor often associated with "big case" litigation.

In the insurance space, Michael and his team have recovered over $1 billion for insurance policyholders and have never represented an insurance carrier in a coverage matter. In the environmental arena, Michael focuses on the defense of cost recovery and toxic tort claims, and he has obtained complete defense verdicts against both government and private parties.

Michael has tried numerous insurance, environmental, and commercial litigation cases in state and federal courts around the country and is comfortable in any trial setting.

Bar Admissions

    New York
    New Jersey
    Connecticut

Education

University of Pennsylvania Law School (J.D. 1991), cum laude
Brandeis University (B.A. 1988), magna cum laude
Areas of Practice

Business Litigation | Commercial & Business Litigation | Environmental Law & Litigation | Global Financial Crisis Group | Insurance Coverage | Insurance Recovery | Insurance Recovery Group | Litigation | Products | Products & Specialty Torts | Products Liability & Specialty Torts

Professional Career

Significant Accomplishments

Currently representing a company in defense of a CERCLA cost recovery claim in excess of $100 million. A decision post-trial is pending.

Currently representing a company in an insurance recovery litigation related to an airplane crash in Oregon.

Currently representing a company in defense of a class action toxic tort litigation in Dayton, Ohio. A class action determination is pending.

Successfully represented an individual client in defense of a cost recovery action associated with a condemnation matter as part of a large public redevelopment project in Harrison, New Jersey.

Successfully represented a company in a toxic tort lawsuit on Long Island and obtained a no-cause verdict for the client.

Recovered for a corporate policyholder millions of dollars in defense costs incurred in defense of multiple class action product liability litigations.

Successfully tried an insurance coverage case to a policyholder jury verdict in Somerville, New Jersey, and recovered significant unpaid defense costs incurred in defending multiple class action securities lawsuits.

Speaking Engagements

Michael D. Lichtenstein joins a panel to discuss recent federal and state regulatory legislative changes, including those related to:

  • insurance coverage for employment-related issues
  • broader insurance issues associated with the crisis
  • recent executive orders
  • layoffs, furloughs
  • the enhanced risk to privacy/security raised by the "new normal"
  • how to respond to employment and insurance issues properly


With a hardening insurance market, only compounded by the effects of the COVID-19 pandemic, now is the ideal time for businesses to take a critical look at their insurance program and evaluate open and potential claims. There is no question that upcoming renewals will pose significant challenges for all companies and there are best practices to consider with respect to how to be perceived as a desirable risk to existing and prospective insurers. On the claims front, our clients are carefully reviewing the scope of available business interruption coverage for their COVID-19-related losses and are seeing a noticeable uptick in lawsuits, demand letters, and circumstances that may lead to the assertion of future claims.

Please join us for a webinar that will provide insightful information and guidance on the best steps to take to secure maximum value from your insurance assets and shore up your insurance program notwithstanding the current challenging market conditions.

Topics to be covered:

  • Renewals in the wake of the hard insurance market
  • Business interruption
  • Employee-related claims
  • Cyber insurance

Time: 12-1 p.m. EDT

Those interested in registering may contact [email protected].

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CLE Credit Provided by Lowenstein Sandler

  • This program is approved for newly admitted and experienced attorneys.
  • CA: This program has been approved for 1.0 CA General CLE credit.
  • NJ: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.2 hours of total CLE credit. Of these, 0.0 qualify as hours of credit for ethics/professionalism, and 0.0 qualify as hours of credit toward certification in civil trial law, criminal trial law, workers compensation law, municipal court law, and/or matrimonial law.
  • NY: This program has been approved for 1.0 New York credit in the Areas of Professional Practice.


Professional Associations


  • American Bar Association
  • New Jersey State Bar Association
  • New York State Bar Association
  • Connecticut State Bar Association

Professional Activities and Experience

Accolades
  • Chambers USA: America's Leading Lawyers for Business (2016-2020) - Michael Lichtenstein
  • Rutgers University School of Law Michael Lichtenstein

Articles

What Actions Should Companies Take to Secure Cyber Insurance Coverage for Losses Related to Cyber Incidents in the COVID-19 Landscape?
Lowenstein Sandler LLP, March 2020

As companies scramble to respond to the COVID-19 pandemic, one area that may not, but should, be on their radar is the terms and coverage provided by their cyber insurance policies. Certainly COVID-19 is not a computer virus, but it has drastically affected businesses’ reliance on technology to keep operating. With increased dependence, though, comes increased vulnerability...

Additional Articles

    A Viable Bad Faith Argument Comes to NJ, August 7, 2012
    AIG: Time to Evaluate, Not Panic, September 19, 2008
    Claim Denied Newsletter, July 2008
    Contribution Confusion Redux, January 2005
    Contribution Confusion: The Supreme Court Is Set To Decide When A CERCLA Contribution Claim Can Be Made, April 1, 2004
    Does Your Hospital Have Environmental Compliance Issues?, Summer 2005
    Environmental Financial Disclosures: Public Disclosure of Environmental Liabilities and the Potential Impact of Global Warming, September 2008
    Food Insurance Law: Notable Case Developments, August 2011
    GAO Reviews SEC Environmental Disclosures, August 2004
    Getting a Handle on the Unmanageable, April 29, 2002
    Hedge, PE and VC Funds, Be Warned: Insurance Companies Disclaim Coverage, March 2011
    Insurance Coverage for In-house Counsel, February 11, 2008
    Insurance Coverage for In-House Counsel, January 2008
    Key Recent Insurance Coverage Decisions, June 7, 2010
    Killing A Mocking Burd And Other NJ Duty To Defend Issues, May 15, 2015
    Lumbermens Mutual Casualty Company Placed into Rehabilitation: What you should be doing to protect and prepare to assert your claims, July 2012
    Mold Contamination of Mortgaged Property a New and Significant Legal Issue for Lenders, March 2002
    New Jersey Adopts Global Warming Response Act What It Means to You, July 2007
    New Jersey Appellate Division Estops Insurers From Denying Coverage Based on Faulty Reservations of Rights, May 8, 2009
    New Jersey Court Expansively Interprets Term "Physical Damage" in Property Policy, May 2009
    New Jersey Federal Court Denies Coverage Under Cost Cap and Pollution Legal Liability Policies, April 2011
    Notable Case Developments In Food Insurance Law, August 29, 2011
    Policyholder Beware: Communications With Insurance Brokers May Waive Privilege, April 6, 2015
    Regulating Climate Change: A Summary of Federal and State Action, April 2008
    Review of 2010 Case Law on D&O Insurance Coverage, February 2011
    Roundtable: Risks Facing Directors and Officers, August 2013
    Running For Cover, Not For Coverage, October 18, 2010
    Second Circuit: D&O Insurance Covers Subpoenas, Special Litigation Committees and Independent Consultants, September 2011
    Second Circuit: D&O Insurance Covers Subpoenas, Special Litigation Committees, and Independent Consultants, July 2011
    States Continue to Lead in the Absence of Federal Action to Address Climate Change, February 2009
    Survey of Recent D&O Insurance Case Law, January 2010
    The Emerging Tort of Insurer Bad Faith, November 1998
    The Intersection of Data Breach and D&O Exposure, December 29, 2009
    The Lowenstein Sandler Insurance Claims Handling Guide, 2011
    The New Jersey Department of Environmental Protection Pulls Environmental Justice Regulations, April 2002
    Watch What You Say To Your Insurance Broker, July 24, 2015
    Wheel In The Sky Keeps On Turning, August 2010

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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