Begos Horgan & Brown LLP
Practice Areas
Trial & Appellate Group
- ERISA Litigation
This practice area involves representing employers, and plan administrators in disputes over benefits under employment plans covered by The Employee Retirement Income Security Act ("ERISA") and the associated federal regulations. We have been involved in many significant cases in this complex and burgeoning practice area.
Over the last five years, this firm has represented administrators in more ERISA benefit appeals in the Second Circuit than any other firm. Click here to see just how involved we've been.
Our work in this practice area has been cited by Corporate Counsel Magazine, which recognized us in its 2006 list of "Go To" Counselors for litigation, noting our work for UnumProvident Corporation.
In addition, we have defended well over seventy ERISA benefit disputes in federal District Courts.
Among our notable appellate decisions are:
Locher v. Unum Life Ins. Co. of America, 389 F.3d 288 (2d Cir. 2004), establishing that a conflict of interest does not provide per se grounds to expand the administrative record.
Wagner v. First Unum Life Ins. Co., 100 Fed.Appx. 862, 2004 WL 1303637 (2d Cir. 2004), recognizing that a claimant must establish good cause to obtain discovery in ERISA claim litigation.
- Insurance Coverage Disputes
This practice area deals with disagreements between insurers and insureds over whether a claim is covered under a particular insurance policy and the respective parties' obligations if the claim is covered. We represent insurers in disputes regarding disability (sometimes called "income protection") insurance and we are experienced in environmental liability and asbestos-related coverage disputes. We also represent insureds whose claims have been denied, as well monitor litigation for clients who received a "reservation of rights" letter after tendering a claim to an insurance company.
- Investment & Financial Affairs Litigation
This practice area encompasses any dispute involving investments or financial matters including those commonly called "securities litigation," "securities arbitration", "securities fraud" and "broker fraud." We represent plaintiffs and defendants in court and arbitration matters involving stocks, bonds, annuities, certificates of deposit, other securities, brokerage and bank accounts, investment programs, and investment and financial advice. We also include in the practice area our representation of fiduciaries and beneficiaries in probate and estate-related disputes.
- Debtor/Creditor Disputes
This practice area involves the representation of debtors and creditors in mortgage foreclosures, mechanics' lien perfection and foreclosure, secured and unsecured commercial transactions and collections. We have significant experience with "predatory lending" and "lender liability" disputes, which involve charging the lender with the loss associated with a defaulted loan based on either improper lending decisions or improper collection efforts. We also represent creditors in bankruptcy proceedings.
- Employment-Related Litigation
This practice area involves representing employers and employees in disputes arising out of employment relationships, including breach of employment agreements, discrimination, and breach of non-competition agreements. We also include in this practice area disputes between co-owners and operators of businesses, and between management and ownership.
- Real Estate Related Litigation
This practice area involves disputes surrounding real estate transactions, including breach of sale agreements; lease disputes, construction defect claims, construction contract claims, boundary disputes, land use issues, and easement and right-of-way claims.
- Complex Business Disputes
This practice area involves the intricate web of statutory, regulatory and judge-made law that governs business relationships. These relationships are often complex and give rise to disputes not susceptible to traditional practice area categorization. Our litigators have the knowledge, experience and creativity to develop and implement a plan for effective resolution of complicated matters, often incorporating elements of negotiation, mediation, arbitration and litigation.
- Appeals
This practice area involves the prosecution and defense of appeals, in both state and federal courts. A significant part of our appellate work arises in cases where we have been lead counsel at the trial level. In addition, clients or other lawyers will retain the firm to advise on appellate strategy and procedure; to draft appellate briefs; and/or to argue appeals.
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