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TLGGR represents the full spectrum of clients associated with fidelity law, surety law, construction litigation, including insurers, sureties, contractors, owners, developers, engineers and architects. They turn to us because we have proven again and again that our deep familiarity with their industries helps ensure positive results. Our goal is always to provide the highest level of legal expertise to our clients in a timely and cost efficient manner, and we emphasize accessibility and responsiveness. Our attorneys have gained national prominence as a result of their successful representation of surety, fidelity and construction clients, their extensive writings and presentations on the subject and their participation as officers and members of important bar association committees. Presently, two of our partners, Ben Lentz and Mark Gamell, are Vice-Chairs of the Fidelity and Surety Law Committee of the American Bar Association. Over the last forty years, we have been able to achieve excellent results for our fidelity, surety and construction clients in the investigation phase of the claim, in analyzing and handling claims, in preparing the case for trial, in mediating and arbitrating claims and in trying and winning trials. In addition, TLGGR has long recognized the need to protect a favorable judgment and seek to correct an unfavorable one. As a result, we have developed a highly successful appellate practice. We are able to augment our ability in fidelity law, surety law, construction litigation with TLGGR’s other practice areas, including bankruptcy and real estate. Major Areas of Practice: Surety Law SURETY LAW Surety companies throughout the United States and Canada have turned to the attorneys at TLGGR for our insight and experience. Our attorneys have been actively involved in major performance bond defaults, including the necessary investigation and documentation of our client’s position, as well as any attendant litigation. Our extensive knowledge of construction industry practices and access to in-house engineers gives us a real edge with issues involving bid, performance, and payment bonds. But our practice doesn’t end there. Over the years we have also managed many other types of surety issues for a wide range of clients. Matters we have handled include:
Some of TLGGR’s recent and current surety matters include: General Insurance v. Mezzacappa Brothers: TLGGR represented the surety in an interpretation of contract (indemnity agreement) dispute regarding the surety’s settlements of its contractor’s affirmative claims, which were settled over the contractor’s objections. There was no issue that the surety had the right to make the settlements; the issue was whether the propriety of such settlements was measured by a good faith standard (which, as a practical matter, would entitle the surety to summary judgment), or by a commercial reasonableness standard under the Uniform Commercial Code (which, as a practical matter, meant a jury trial). The District Court agreed with our interpretation that the good faith standard applied, and the Second Circuit has recently affirmed. JP Morgan Chase v. Liberty Mutual, et al. : TLGGR was co-counsel for three of twelve defendants in Enron-related litigation that was tried in the federal court in Southern District of New York, which action was settled prior to jury verdict (plaintiffs sought over $1 billion under various commercial surety bonds). Discovery proceedings were conducted on a “fast track”, with more than 200 depositions conducted over a period of four months by a coordinated team of attorneys for the various co-defendants. One of TLGGR’s senior partners chaired the defendants’ IT Committee, which involved administering the extensive computerized systems and outside vendors involved in monitoring and storing all discovery materials and for generating visual and video presentations during the trial. Maris Equipment v. Morganti/Trataros: TLGGR’s predecessor firms represented a subcontractor and surety in a complex construction litigation involving a 1,000 bed detention facility constructed in Brooklyn for the Federal Bureau of Prisons. After four years of litigation involving production of over two million documents and a three week jury trial in federal court in the Eastern District of New York in 2000, we obtained a favorable multi-million dollar verdict, which was affirmed by the Second Circuit. Return to top CONSTRUCTION LITIGATION Over the years, the attorneys at TLGGR have earned a reputation as savvy counselors and aggressive litigators, both in negotiating settlements with and pursuing claims against a broad spectrum of owners, developers and public entities, including the States of New York and Connecticut, New York’s School Construction Authority, the Dormitory Authority of the State of New York, various agencies of the City of New York, the Metropolitan Transportation Authority, school districts, the General Services Administration, the Federal Bureau of Investigation and the U.S. Army. Such claims have been pursued on behalf of sureties, contractors and subcontractors and routinely involve construction delays, construction defects, acceleration, work scope changes and differing site conditions. Several of the firm’s matters in these areas have been multi-party, document intensive, complex arbitrations or litigations in state and federal courts which have proceeded to trial and been submitted to juries. TLGGR’s past experiences in pursuing these types of claims against public owners have allowed us to gain a better understanding and perspective as to how these public entities operate, which in turn allows us to achieve a more desirable result. Whether your situation is relatively simple or extremely complex, chances are we have handled it before. Given today’s cramped court schedules, more and more matters are resolved through Alternative Dispute Resolution. TLGGR attorneys have frequently been involved in both formal and informal mediation and arbitration. Whether these are voluntary or court-ordered, our experience in the process helps move matters toward a resolution. Some of TLGGR’s recent and current construction matters include: HRH/Atlas v. University of Connecticut: TLGGR is representing a terminated construction contractor on a project to erect a seven-story structural steel building. The contractor is seeking to recover approximately $45 million in quantum meruit damages based on its claim that it was improperly terminated due to, among other things, the inadequate structural steel design. TLGGR is working with one of the most well-known structural steel experts in presenting this claim. After engaging in document discovery, consisting of several hundred boxes of documents and the creation of an electronic coded database of approximately 500,000 images, the parties are engaged in arbitration proceedings that are estimated to last for approximately 60 substantive hearings. Return to top FIDELITY LAW For over 40 years, TLGGR’s attorneys have been investigating, negotiating and defending claims involving fidelity insurance. Our reputation is unsurpassed and we pride ourselves on our ability to deliver thorough assessments and coverage opinions of claims in short order and to provide straight answers. TLGGR represents insurers in the investigation, analysis and litigation of claims involving employee dishonesty, lending losses, security thefts and computer crime under:
Morgan Stanley v. Chubb, et al.: TLGGR is representing five defendant insurers and is lead counsel in an action brought by Morgan Stanley to recover over $21 million allegedly lost in connection with transactions involving the late Robert Maxwell. After engaging in substantial document discovery (including the creation of an electronic coded database of over 101,000 documents) and depositions, TLGGR obtained summary judgment dismissing the complaint. The interpretation of the coverages was a case of first impression. Morgan Stanley has appealed the decision. Ernst & Young v National Union: The dishonest employee stole $4.2 million, which had been deposited with the insured accounting firm by its clients to pay tax obligations. The fidelity insurer paid $2.4 million under the client property coverage endorsement. The accounting firm then commenced suit to recover an additional $2.9 million of damages for, among other things, interest and penalties assessed by the taxing authorities and paid by the accounting firm. TLGGR obtained summary judgment in favor of the fidelity insurer, which was affirmed on appeal. The court reasoned that there was no loss of covered property, and that the accounting firm's argument would impermissibly transform the fidelity policy into a liability policy covering any consequential damages arising from the employee's theft. Return to top REAL ESTATE TLGGR represents sellers and purchasers in residential and commercial contracts ranging from private islands to one-family dwellings, and including multiple residential dwellings, shopping center properties, office buildings and industrial parks. We also represented landlords and tenants in residential and commercial leases, institutional and private mortgage lenders in connection with construction financing and other interim financing and permanent financing, and borrowers in negotiating commercial loan transactions. We also litigate mortgage foreclosure proceedings involving residential and commercial property. Return to top BANKRUPTCY Bankruptcy workouts are another area of expertise. Our in-depth understanding of construction industry business practices plays a significant role in generating positive outcomes for our creditor clients. Representation of secured and unsecured creditors, trustees and other parties in interest before United States Bankruptcy Courts in Chapters 7, 11 and 13 proceedings. Participation in all aspects of bankruptcy litigation, including extensive motion practice, purchase and sale of assets in bankruptcy and debtor-in possession financing. Representation of entities in debt restructuring and dischargeability actions. In addition, the firm’s bankruptcy attorneys advise with respect to fraudulent conveyances, preferences, substantive consolidation, equitable subordination and other issues which may arise in the context of financings, acquisitions, securities, leasing, commercial finance and other corporate transactions. Return to top |
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 New York, NY  Jericho, NY |
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