Joseph G. Finnerty III is the chair of the New York Litigation practice group, a litigation partner, and a member of DLA Piper's firmwide Policy Committee. The respected English publisher Chambers & Partners names him in Chambers USA: America's Leading Lawyers for Business, quoting clients who say he “gets things done. Few practitioners have such a broad understanding of the industry.”

Mr. Finnerty has been named a New York Super Lawyer by Law & Politics magazine every year since 2006, including being recognized in the 2008 Super Lawyers Corporate Counsel Edition^® which highlights business litigators and the 2008 New York Super Lawyers — Metro Edition^®. He was a finalist for Lawdragon's 500 Leading Lawyers in America in 2006 and 2007. In addition, he has been listed in Marquis Who's Who in America for the last six consecutive years, and in 2007 (and earlier years) in Marquis Who's Who in American Law, Marquis Who's Who in the World, Marquis Who's Who in the East and Madison Who's Who Among Executives and Professionals.

Mr. Finnerty's commercial litigation practice is concentrated in securities and business litigation for corporate clients and individuals, and counseling and litigation for leading insurance companies. Mr. Finnerty defends public and private companies and their management against claims for breach of fiduciary duty, fraud, and securities law violations, and he frequently represents leading insurers in significant D&O and financial institutions coverage disputes. Mr. Finnerty has significant experience in class action litigation arising out of the Alien Tort Claims Act.

Mr. Finnerty is regularly engaged to organize effective defenses in the shifting liability landscape. He recently represented the largest insurer of investment banks in the IPO securities litigation, and in related litigation over coverage for more than $180 million in SEC penalty and disgorgement orders, defended the directors of a public company in "death spiral" preferred stock litigation, and represented insurance underwriters in D&O rescission litigation arising out of one of the country's largest financial frauds. Mr. Finnerty also recently led the internal investigation of a multi-national charity involved in alleged corporate governance breaches, and defended the former chief executive of a bankrupt public company against claims of fraud in connection with applications for corporate financing. He defends directors and officers against securities fraud and breach of fiduciary duty claims in litigation in New York, and in federal and state courts across the country.

Mr. Finnerty is also regularly engaged by corporations in business contract and commercial litigation disputes. He was engaged by one of the country's largest insurance brokers to litigate corporate control and damages claims arising out of the dissolution of a joint venture between the broker and three of the world's largest insurers. He litigated a series of class actions and a consolidated MDL proceedings arising out of the alleged unlawful sale of insurance in which the plaintiffs sought the disgorgement of premiums in excess of $500 million.

Mr. Finnerty's insurance practice includes litigation, investigations and counseling in connection with financial institutions liability, directors and officers liability, alternative risk transfer products, captive insurance programs, professional liability programs, business interruption coverages, property coverages and manuscripted new products. He has represented the industry's leading liability insurance carriers, including The Chubb Group of Insurance Companies, Zurich Financial, St. Paul Travelers, The ACE Group of Companies, The Hartford, and CNA Insurance Companies, as well as various Lloyd's syndicates and London underwriters, among many others.

Mr. Finnerty is committed on behalf of corporations and their managers to forming thoughtful, effective, and lasting corporate governance responses to the fluctuating liability exposure landscape. He is equally committed to DLA Piper's success in building a national and international law firm that provides the premium service and experience demanded by the most discriminating corporate executives.

Selected Recent Experience:

• Lead counsel for Sheikh Mohammed bin Rashid al Maktoum, the Prime Minister and Vice President of the United Arab Emirates (UAE) and the Ruler of Dubai, and Sheikh Hamden bin Rashid al Maktoum, the Minister of Finance of the UAE, in an alleged class action litigation in federal court asserting claims under the Alien Tort Claims Act for purported violations of international law on behalf of thousands of boys from South Asia and Africa who were allegedly trafficked to the UAE and forced to train and/or ride racing camels. Successfully obtained a complete dismissal.
• Lead counsel for a market-leading computer modem manufacturer and its directors and officers against claims for more than $40 million in damages by vulture fund preferred shareholders alleging that directors breached federal securities laws and fiduciary duties relating to death spiral preferred shareholder agreement. A motion to dismiss with prejudice was granted on behalf of all defendants, and the decision was affirmed by the Second Circuit in a summary order.
• Lead counsel for directors and officers of an information management and technology company in defense of claims for breach of fiduciary duties and conspiracy to breach fiduciary duties in state court in Florida, seeking damages in excess of $57 million.
• Lead counsel for the country’s largest insurer of investment banks and securities underwriters in insurance coverage matters arising out of more than 300 separate securities class actions against investment banks and IPO issuers alleging market manipulation and conflicts of interest in the IPO securities litigation, the IPO antitrust litigation, and in related regulatory proceedings by the SEC, the NASDR, and state and federal prosecutors, including litigation over insurance coverage for a $100 million SEC and NASDR penalty and disgorgement payment.
• Lead counsel for the nation’s largest corporate provider of product replacement insurance and cellular telephone carriers in consumer class actions and consolidated MDL proceedings seeking disgorgement of more than $500 million.
• Lead counsel for directors and officers of a public company in defense of claims for breach of fiduciary duty, fraud, tortuous interference with contract, and breach of contract in state court in New York.
• Lead counsel for the market-leading D&O insurer in rescission litigation arising out of claims against the management of public company for corporate waste, undisclosed executive compensation, and accounting impropriety.
• Lead counsel for the market-leading professional liability insurers in litigation over denial of coverage for claims against an insurance broker seeking coverage for a $47 million settlement of claims arising from its management of a failed mutual insurance company.

Felvétel

• New York
• United States Supreme Court
• United States Court of Appeals for the First Circuit
• United States Court of Appeals for the Second Circuit
• United States District Court for the Southern District of New York
• United States District Court for the Eastern District of New York
• United States District Court for the Northern District of New York
• United States District Court for the Western District of New York
• United States District Court for the District of Colorado
• United States District Court for the Eastern District of Arkansas
• United States District Court for the Western District of Arkansas
• United States District Court for the District of Arizona

Tagságok

• Association of the Bar of the City of New York
• American Bar Association
• ABA Tort Trial and Insurance Practice Section's Task Force on Corporate Governance
• Brooklyn Museum of Art, Board of Trustees
• New York Lawyers for the Public Interest, Board of Directors
• University of Maryland School of Law, Board of Visitors

Publikációk

• Co-author, "Legal Imperialism," Wall Street Journal (February 28, 2007)
• Co-author, "US Primary Risk, Broker and Reinsurance Regulatory Issues in 2004," The Euromoney Global Insurance Handbook 2005
• Co-author, "In the Wake of Corporate Financial Restatements, Does D&O Coverage Survive?" Insurance Coverage Law, (January 2003)
• Joseph G. Finnerty III, Comments on Directors and Officers: Insurance Issues in the Wake of Enron, "All Things Considered," National Public Radio (2002)
• Co-author, "Financial Restatements and D&O Insurance Coverage" New York Law Journal (October 24, 2002)
• Co-author, "September 11: What is the Impact on the Insurers?" New York Law Journal (November 26, 2001)
• Co-author, "Directors and Officers Year 2000 Liability," New York Law Journal(November 5, 1998)

Press Mentions

• "Bear Stearns' Insurers Don't Have to Fund Pact," Business Insurance (March 24, 2008)
• "Reeling Bear Stearns Loses $80 Million NY Case," New York Lawyer Daily Buzz (March 20, 2008)
• "Reeling Investment Bank Loses $80 Million State Case," New York Law Journal (March 20, 2008)
• "NY Court Ruling Among Bear Stearns' Woes," Forbes.com (March 18, 2008)
• "Court Rules Against Bear Stearns in Insurance Case," Reuters (March 17, 2008)
• "Class-Action Firms Extend Reach to Global Rights Cases," The New York Times (June 3, 2007)
• "Cost Study in Legal Times: Coverage Questions," Legal Times (October 20, 2003)
• "Repayment of Alleged Ill-Gotten Gains Not Covered By E&O Policy: N.Y. Court" ( National Underwriter, July 28, 2003)
• "Wall Street's Hope For Penalty Coverage Is Clouded By Ruling," "Heard on the Street," Wall Street Journal (July 18, 2003)
• "Court Rules Securities Penalties Aren't Covered By Insurance," Wall Street Journal Europe ( July 18, 2003)
• "CSFB Told It Can't Collect $70 Million Reimbursement From Chubb," Dow Jones News Service (July 17, 2003)
• Joseph G. Finnerty III, Comments on Directors and Officers Insurance Issues in Wake of Enron, "All Things Considered," National Public Radio (2002)

Szemináriumok

• "The Liabilities of Directors & Officers Arising from Listings in the USA - Corporate Governance, the Duty of Care and the Business Judgment Rule," Stock Market Listings in Asia and the USA: Knowing Your Corporate Risks, hosted by DLA Piper and co-sponsored by Chubb and Ping An of China (2006)
• "Directors & Officers and Professional Liability Policies - What Every Lawyer Needs to Know," New York State Bar Association CLE Symposium (April 2004)
• "D&O Liability and Insurance Issues," Professional Liability Underwriting Society (2004)
• "IPO Allocation Cases and Related Regulatory Proceedings," Institute for International Research (2002)
• "Loss Mitigation and Representations and Warranties Insurance," Navigating The Commercial Market, Aon Risk Services (2002)
• General Re: Directors & Officers Symposium (May 11, 1999)
• American Conference Institute: D&O Liability Conference (1996)

Korábbi tapasztalat

• Piper Rudnick LLP, Partner, Head of Litigation, New York Office (2000 - Present)
• Piper & Marbury LLP, Partner (1996-2000)
• McCarrick, Finnerty & Mayer, P.C., Proprietary Partner (1994-1996)
• Rogers & Wells, Litigation Associate (1987-1994)