 David B. Hamm
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Address: |
Herzfeld & Rubin, P.C.
40 Wall Street, New York, NY 10005 |
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(212) 471-8542 (Direct
Dial) |
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(212) 344-3333 |
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E-mail: |
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Business Card:
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For more than 25 years, David Hamm served the dual roles
at H&R of head of the Appellate Practice Group and lead
attorney in the Insurance Coverage Analysis and Litigation
Group, and although leadership of the Appellate Practice
Group now rests in the capable hands of his long-time
colleague Miriam Skolnik, David’s continuing participation
as a member of the appellate group, in addition to his
leadership in Insurance Coverage, is a great boon to the
firm’s clients.
During his tenure with H&R (after a two-year clerkship at
the New York State Court of Appeals), David has worked on
more than 400 appeals in every appellate court in the State.
He has many times been requested by clients to write
Amicus Curiae briefs for the United States Supreme
Court, the New York Court of Appeals and other appellate
courts. Together with the other members of H&R’s appellate
team, David has often spearheaded presentation of
cutting-edge legal analysis resulting in appellate rulings
not only favorable to our client in the case at bar, but
which created precedent favorable to the client on a broader
basis. Recently, his innovative approach to appellate
practice resulted in the Court of Appeals decisions in
Sung Hwan Co. Ltd. v. Rite Aid Corp., 7 N.Y.3d 78
(2006), in which the Court reversed an Appellate Division
and found a jurisdictional basis to permit enforcement of a
Korean Court’s Judgment in New York, and Frank v.
Meadowlakes Dev. Corp., 6 N.Y.3d 687 (2006), in which
the Court overturned two intermediate appellate court
determinations in interpreting Article 16 of New York’s
Civil Practice Law and Rules in a manner most favorable to
our client. A list of other appellate victories by H&R’s
appellate team under David’s leadership can be accessed
here.
David’s legal acumen is put to broader use than preparation
and review of appellate briefs alone. His advice and legal
analysis is much sought-after by colleagues and clients. He
has often advised clients not to pursue an appeal, or
to resolve an action on appeal, where his analysis suggested
that to be in the client’s best interest. Like other members
of the Appellate Practice Group, he directly interacts with
H&R’s litigation attorneys on matters involving legal
analysis and research, such as motions for summary judgment
or trial memoranda of law, to assure the best possible
result in the trial court or, if a favorable result cannot
be obtained there, to preserve critical issues for appellate
review.
As lead counsel in the Insurance Coverage area, David over
the years has been entrusted by clients with defense of
hundreds of millions of dollars in claims under liability
policies, including policies alleged to cover mass tort
claims such as those arising from asbestos, breast implants,
heart valves and lead. His pace-setting arguments have led
to such ground-breaking decisions as Jefferson Ins. Co.
v. Travelers Indem. Co., 92 N.Y.2d 553; North Star
Reinsurance Corp. v. Continental Ins. Co., 82 N.Y.2d
281; In re Consolidated Mut. Ins. Co., 60 N.Y.2d 1;
and Lac D’Amiante du Quebec, Ltee (ASARCO) v.
Superintendent of Ins. (In re Midland Ins. Co.), 269
A.D.2d 50. His expertise in insurance matters encompasses
such related areas as insurance liquidation, insurance
security funds, interpretation of workers’ compensation
laws, application of New York’s “no-fault” statute’s
“serious injury” criterion, subrogation and “antisubrogation,”
additional insured controversies and insurance ramifications
of contractual indemnification provisions.
David has lectured and written widely on, among other
things, appellate practice and insurance-related issues. His
lectures include:
- College of Insurance, Sponsored by New York
City Housing Authority,
Current Issues in Lack-of-Security Cases, 8/28/98
Current Issues in Appellate Matters, 10/02/98
- New York State Bar Association, Insurance
Coverage Issues
With a Focus on Personal Lines, 9/6/98
- Office of Court Administration, 1998 Legal
Update for Court Attorneys,
Third-Party Actions in Labor Law Contexts, 11/17/98
- Herzfeld & Rubin, P.C., Insurance Coverage
Issues, 6/9/99
- Brooklyn Bar Association, Labor Law:
Construction Accident Cases &Third-Party Practice in Labor Law Actions,
11/9/99
- Herzfeld & Rubin, P.C., Third Party Actions
in Labor Law Personal Injury Cases, 6/7/00
- New York State Trial Lawyers Institute,
Update 2000, Insurance Law, 9/15/00
- New York State Judicial Conference,
Products Liability, July 11 & 17, 2001
- Herzfeld & Rubin, P.C., New York State
Appellate Practice for Litigators, 10/23/02
- NY App Div, 1st & 2nd Dept. Clerks,
Insurance Law §5102(d), 6/20/03
- Herzfeld & Rubin, P.C. (at New York City
Housing Auth.), Update on
New York State Appellate Practice for Litigators, 1/7/04
- Herzfeld & Rubin, P.C., New York State Appellate Practice for Civil
Litigators, 6/22/04
- Defense Association of New York, New York State Appellate Practice:
What Every Trial Attorney Should Know, 4/3/08
David’s publications (aside from those distributed at his lectures)
include:
- "Discovery in Product Liability Actions --
A Defendant's Perspective",
Practicing Law Institute, 1985
- "Discovery in Defense of Product Liability
Actions", Practicing Law Institute, 1986
- "New York's Tort Law: Whither the Wachtler
Court?", New York Law Journal, p. 1, 9/19/89
- "A Referee's Rejection of Keene: Is it a
'Blip' on the Screen, or Has the Counter-Revolution Begun?,” TIPS
Newsletter, Products, General Liability and Consumer Law Section, ABA,
Spring, 1993
- "Insurance Law: Cases Show Limited Value of
Precedent", New York Law Journal, p. 58, 11/1/93
- "Insurance Law: Nuances Bedevil
Antisubrogation", New York Law Journal, 1/12/98
- "Real Estate Update: After 'Inchaustegui'",
New York Law Journal, 8/29/01
- Practice Insights, LEXIS-New York CLS (2004-5):
CPLR 214-c CPLR 3216
CPLR 5513
CPLR 1003 CPLR 4110-b CPLR
5515
CPLR 2103 CPLR 5501
CPLR 5519
CPLR 2221 CPLR 5511
CPLR 5701
In addition, dozens of his letters to the editor have been published by
the New York Law Journal and other law-related publications.
David is admitted to the State and Federal courts of New York, the Second
and Third Circuit Courts of Appeals and the United States Supreme Court. He
is rated AV by Martindale-Hubbell, has for more than 20 years been listed in
Marquis’ Who’s Who publications, and enjoys membership in numerous bar
associations. As a long-time member of the New York State Bar Association’s
Committee on the Civil Practice Law and Rules, David has assisted in the
drafting of legislation, and his analyses and recommendations on behalf of
the Committee concerning bills introduced into New York’s Legislature grace
the “bill jackets” of dozens of New York’s statutes. Married to his wife of
thirty-five years, the father of two and grandfather of six (so far), David
resides in Brooklyn, New York, where he regularly assists local charitable
organizations.
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