Nathan Lander is a partner in the Insurance Recovery & Counseling Group who represents clients in high-stakes disputes with their insurance companies as well as counseling them regarding a wide array of insurance issues. Clients have praised Nate in Chambers and The Legal 500 as being “responsive, knowledgeable and creative,” a “zealous advocate” and “absolutely amazing to work with.”
During the course of his career, Nate has assisted clients in recovering more than $1 billion in disputes with their insurers through litigations, arbitrations, mediations and negotiations. Nate prides himself in helping clients reach favorable resolutions with their insurers where possible, but when insurers refuse to pay, Nate has aggressively litigated coverage disputes against them in courts and arbitrations throughout the country.
Although Nate has represented a wide range of policyholder clients – including Fortune 500 companies and professional sports teams, among others – Nate is particularly well-known for his representations of asset management clients in insurance disputes. Nate has represented numerous private equity firms and portfolio companies, hedge funds, registered funds, venture capital firms, and other asset managers in disputes with insurance companies, including claims for coverage under D&O, E&O, crime, life, property, and other policies. For example, Nate was recently lead counsel for a private equity firm in a litigation over $100 million of coverage its insurers refused to provide for claims against the private equity firm arising from the bankruptcy of a portfolio company.
In addition to his litigation practice, Nate also regularly advises clients on risk management issues, including structuring of insurance programs and the negotiation and drafting of policy language, in order to help protect clients in the event of a claim or loss. Nate has particular experience with respect to the insurance markets and products for asset management clients. He has assisted numerous asset managers of all types and portfolio companies in reviewing and negotiating potential insurance policies or programs, including D&O, E&O, EPL, fiduciary, crime, cyber, reps & warranties and other specialized products.
Education
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Harvard Law School, J.D.
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Virginia Polytechnic Institute and State University, B.A.
Phi Beta Kappa
Admissions & Qualifications
- New York
Court Admissions
- U.S. Court of Appeals, Eleventh Circuit
- U.S. Court of Appeals, First Circuit
- U.S. Court of Appeals, Seventh Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. District Court, New York, Eastern District
- U.S. District Court, New York, Southern District
Memberships
Fellow, American College of Coverage Counsel (ACCC)
Awards & Recognition
Chambers USA: New York: Insurance: Dispute Resolution: Policyholder: Up & Coming 2021-2022
Chambers USA: New York: Insurance: Dispute Resolution: Policy Holder 2023-2024
New York Super Lawyers "Rising Stars," 2013-2017
The Legal 500 United States: Insurance: Advice to Policyholders: Next Generation 2017-2024
New York Legal Aid Society Pro Bono Award 2005, 2007
Matters
Recent representative matters Nate has handled include:
Representations of Private Equity Firms and Portfolio Companies in Insurance Disputes
- Represented Sycamore Partners in litigation involving $100 million of insurance coverage under D&O/E&O policies. Obtained victories on a motion for judgment on the pleadings and a motion for partial summary judgment against various defenses asserted by the insurers before successfully resolving the dispute.
- Represented private equity firm in litigation against life insurance company regarding $7 million policy owned as part of large investment portfolio. Obtained judgment from the Court ordering the insurer to pay the full policy limit plus all attorneys’ fees incurred by the client as damages for the insurer’s bad faith.
- Represented private equity firm in jury trial against life insurance company regarding $10 million policy owned as part of large investment portfolio. Obtained jury verdict in favor of client on promissory estoppel claim – the first verdict of its type ever obtained in an investor-owned life insurance case.
- Represented multiple private equity firms in successfully resolving disputes with their D&O/E&O insurers that had denied coverage for the costs of defending disputes with fund investors or portfolio company investors.
- Represented multiple private equity firms in successfully resolving disputes with their D&O/E&O insurers that had denied coverage for the costs of defending SEC investigations.
- Represented portfolio company in successfully resolving dispute with insurer that denied coverage for losses from an employee theft under a crime policy.
- Representing portfolio company in claim for coverage for business interruption losses due to COVID-19.
Representations of Other Asset Managers in Insurance Disputes
- Represented hedge fund in litigation with life insurer regarding the enforceability of a portfolio of life insurance policies with a total value of $450 million. Defeated insurer’s motion to dismiss and ultimately successfully resolved the lawsuit.
- Represented hedge fund in successfully mediating dispute with D&O/E&O insurer that had denied coverage for the costs of defending underlying lawsuit.
- Represented registered fund in successfully resolving dispute with D&O/E&O insurer that had denied coverage for the costs of defending matter against the fund and its directors.
- Represented hedge fund in successfully resolving dispute with D&O/E&O insurers that had denied coverage for the costs of defending against various lawsuits.
- Represented venture capital firm in successfully resolving dispute with D&O/E&O insurer regarding the costs of defending and settling lawsuit.
- Representing investment manager in dispute with D&O insurer regarding the costs of defending and settling securities arbitration.
Representations of Public Companies in Insurance Disputes
- Representing Valeant Pharmaceuticals in litigation involving more than $300 million of insurance coverage under D&O policies.
- Represented investment bank in arbitration victory regarding $10 million life insurance policy owned as part of larger investment portfolio. Arbitration panel issued judgment in client’s favor.
- Represented investment bank in litigation regarding the enforceability of eight life insurance policies with a total value of more than $50 million. Obtained summary judgment in client’s favor.
- Represented investment bank in litigation regarding the enforceability of six life insurance policies with a total value of more than $50 million. Obtained summary judgment in client’s favor and insurer was ordered to pay all attorneys’ fees incurred by client.
- Represented investment bank in several litigations -- each involving more than $100 million of insurance coverage under professional liability policies – that were successfully resolved.
- Represented public company in successfully mediating dispute with D&O insurer regarding costs of defending SEC investigation.
- Represented health care company in successfully mediating dispute with D&O insurers regarding the costs of defending securities class actions and other proceedings.
Other Notable Representations
- Representing professional sports team in business interruption insurance lawsuit resulting from COVID-19 pandemic.
- Represented professional sports team in successfully mediating dispute with D&O insurer regarding the costs of defending and settling dispute with investors.
- Represented the City of New York as trial counsel in several trials against the city for alleged negligence or other wrongful acts.