Areas of Practice
Coverage Assessments and Litigation
Questions about insurance coverage issues demand attorneys with both specialized knowledge and the practical skills to successfully put that knowledge to use. The attorneys of Reardon Golinkin & Reed have experience with virtually every type of primary and excess insurance coverage, whether claims-made or occurrence-based, indemnification or duty-to-defend. We regularly examine issues involving professional liability, directors and officers liability, employment practices liability, fidelity, fiduciary, commercial general liability, excess and umbrella policies, among others.
Drawing on this experience, we help our clients:
In addition to analyzing sophisticated and novel coverage issues, we actively litigate them in federal and state courts nationwide. Our guiding philosophy in such matters is simple: to approach the matter in a way that efficiently and effectively protects the client’s interests. The firm’s litmus test for resolution strategies therefore is one of efficacy, not conventionality. We find that the best strategies are not always the most conventional ones. We are proud of the results we have achieved in litigated coverage matters, and invite you to see some of our more prominent successes here.
Litigation Management and Legal Audits
At Reardon Golinkin & Reed, we understand that managing complex litigation can be just as time-consuming as the actual defense of the suit. We help companies and insurers control litigation costs by working closely with defense counsel to ensure that:
Where other lawyers may be hesitant to critically examine the work of others in the profession, our attorneys are not. We offer services to analyze, control and, where appropriate, challenge legal bills. Our attorneys have significant experience examining litigation and claim files for the purpose of identifying exposure, pursuing recoveries, setting reserves, or testing and improving the operational policies of both third-party claims administrators and underwriting managers. Our recommendations have significantly enhanced the efficiency and profitability of many portfolios.
Organization and communication are vital to the success of any claims administration program. Reardon Golinkin & Reed attorneys have the expertise needed to establish and maintain a successful and well-oiled claims administration program for any company.
Among other things, we help clients:
Our attorneys have handled thousands of claims, both directly and indirectly through the training and supervision of company staff. We understand the complex coverage, liability and reserve issues – particularly the need for a sensible balance between indemnity and expense costs – that arise in the context of sophisticated administration programs, and possess the know-how to resolve those issues efficiently.
As complicated as insurance coverage issues are, reinsurance issues can be even more so. Our attorneys have a long history of advising cedents, reinsurers, retrocessionaires and other reinsurance intermediaries on a variety of claims and underwriting issues. We also are available to help clients structure and evaluate their reinsurance commitments, whether placed on a facultative or treaty basis. Our long history of experience with the reinsurance relationship gives us a special perspective on the contract formation, claims handling, renewal, and arbitration and mediation processes unique to cedents and reinsurers.
The employment relationship is one of the most – if not the most – fundamental and complex aspects of our society. Every day, new statutes, regulations and judicial decisions change the landscape of employment law. At Reardon Golinkin & Reed, we possess the skills and dedication necessary to help our clients – both corporate and individual – stay abreast of those changes so that they can create and maintain a healthy and productive work environment.
Our attorneys are experts in drafting, reviewing and negotiating employment contracts, independent contractor agreements and non-competition clauses. We also are available to prepare or review employee manuals and personnel policies, and to design or audit legal compliance strategies. The firm has a growing practice representing executives in negotiated exits.
We also regularly litigate claims for wrongful termination, breach of contract, sexual harassment, retaliatory discharge and whistleblower protection, among others. We have a detailed understanding of a wide range of federal and state discrimination employment laws, including but not limited to: Title VII; the Age Discrimination in Employment Act; the Americans with Disabilities Act; the Family and Medical Leave Act; and the Employee Retirement Income Security Act. We have appeared before the U.S. Equal Employment Opportunity Commission, multiple state administrative agencies, and in state and federal courts on employment-related matters.
Few persons or companies relish the prospect of litigation. Filing a lawsuit, or having one filed against you, is a disruptive event that requires a serious commitment of resources to resolve. At the same time, litigation is sometimes a necessary and unavoidable step in protecting a client’s interests. Our experienced attorneys understand the balance between these concerns, and are committed to helping clients resolve their litigated disputes as quickly and efficiently as possible.
We have the knowledge and resources needed to represent clients – whether individuals or entities – in virtually any type of litigation across the country. Our attorneys have substantial experience in complex commercial litigation, including those involving insurance, professional liability, employment issues, breach of contract, tortious interference with contract, breach of fiduciary duty, fraud and deceptive business practices, including cases involving securities fraud and legal malpractice claims. We are skilled in all of the discovery and trial practices needed to fully protect our clients’ interests, and employ those strategies both creatively and tenaciously.
With over forty published opinions to his credit, Scott O. Reed has significant experience with appeals and other post-judgment proceedings involving the enforcement and collection of judgments. A practiced knowledge of what succeeds before a reviewing court allows us to prepare effective and efficient appellate submissions and present persuasive oral arguments.
Not every dispute demands litigation. In some instances, settling a case outside of court can result in material cost savings while avoiding the delay and uncertainty of proceeding before an overwhelmed judicial system. Consistent with our desire to resolve clients’ cases as efficiently and expeditiously as possible, we are committed to using means of alternative dispute resolution (ADR) whenever possible. ADR can take a variety of forms, but is most commonly associated with the processes of mediation (negotiation facilitated by a third-party) and arbitration (where evidence is presented to one or more third parties, who then issue a binding decision).
We have had extensive dealings with some of the country’s foremost mediators and have substantial experience in arbitration proceedings, through and including hearing. Our attorneys draw on this experience to provide expert guidance on the selection of appropriate ADR forums and processes and advice in the drafting of contractual arbitration and mediation clauses.
Karen A. Reardon is now accepting assignments as a mediator or arbitrator. Ms. Reardon has twenty years of experience as an advocate in complex mediations involving multiple parties and, in 2007, successfully completed Northwestern University’s Mediator Training Program, making her well-positioned to help parties resolve their insurance, employment or commercial disputes. She also is available for selection to arbitration panels, having served as an arbitrator for the Cook County Mandatory Arbitration Program and as a party advocate for insureds and insurers alike.
Notwithstanding their charitable missions, non-profit organizations and their management face many of the same risks as commercial enterprises. Our attorneys have both served as officers and directors of non-profit organizations and provided legal counsel to such groups, giving us a unique perspective on the legal needs of non-profits.
Among other things, we help our non-profit clients:
Working with or developing effective boards of directors, the firm’s lawyers have experience in educating board members and professional staff members as to their legal responsibilities so that they are fully prepared to identify and serve the needs of the non-profit entity.
Reardon Golinkin & Reed attorneys have been retained to act as consultants to corporate and defense counsel and individuals on issues of indemnification and reasonableness of attorneys’ fees, as well as to serve as expert testifying witnesses.
We also assist clients with traditional legal needs by reviewing, drafting and negotiating contracts, assisting with collections, acting as trustees, and providing counseling as to the impact of legal issues on critical business or personal decisions.
11/2007