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Doubling Down: Risk Transfer in High Stakes Litigation

Master risk transfer strategies in high-stakes litigation: Uncover critical tools to shift liability, navigate complex indemnification, and safeguard your client's interests.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Sep 24, 2025
Doubling Down: Risk Transfer in High Stakes Litigation

What You'll Learn

check_circleIdentify key risk transfer strategies in high-stakes litigation.
check_circleDistinguish common law from contractual indemnification.
check_circleAnalyze prohibited contracts under General Obligations Law.
check_circleEvaluate priority of coverage in indemnification disputes.
check_circleFormulate effective responses to tender demands.
check_circleConduct critical early investigations in complex cases.

About This Course

Risk transfer is a powerful but often misunderstood defense, especially in high-stakes multiparty litigation like New York State Labor Law cases. This CLE will cover common pitfalls in contractual and common law indemnification, including key provisions of the General Obligations Law and restrictions on certain contracts in New York. We’ll also explore best practices for contract review and deposition discovery, illustrated through real-world scenarios and case law for practical insight.

You will gain a clear understanding of:

  • Common Law Indemnification: Delve into the nuances of vicarious liability, the "grave injury" standard in New York's Workers' Compensation Law, and the critical role of early investigation.
  • Contractual Indemnification: Explore how to craft and enforce robust contractual clauses, distinguish between broad and narrow form indemnities, and navigate the General Obligations Law (GOL) to avoid prohibited agreements.
  • Priority of Coverage & Tender Process: Unravel the complexities of insurance coverage, the impact of contractual indemnification on policy priority, and best practices for responding to and issuing tenders.
  • Breach of Insurance Procurement: Learn to identify and address scenarios where parties fail to obtain adequate insurance, emphasizing the critical distinction between certificates of insurance and actual policy terms.
  • Critical Investigation & Spoliation: Master the art of thorough investigation, from preserving evidence like videos and accident reports to leveraging site safety records and understanding spoliation risks.

Through practical examples, particularly within the context of high-value labor law cases, this course empowers you to anticipate challenges, mitigate risks, and effectively "double down" on your litigation strategy, ensuring you are at the top of the "sliding pond" in any dispute.

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Maria  Mastriano, Esq.
Maria Mastriano, Esq.

Partner at Pillinger, Miller & Tarallo

Maria is a partner at Pillinger, Miller & Tarallo and has extensive experience in handling all phases of complex civil litigation in both federal and state court, including managing multi-party and multi-million dollar litigation from the initial stages of discovery to resolution. She has litigated a diverse caseload throughout her career, including construction, labor law, dram shop, environmental, premises, products liability, toxic tort, and general liability litigation. Maria has represented two of the largest worldwide pharmaceutical companies in complex mass tort litigation in nationwide multidistrict litigations and state court proceedings. She also represented a Fortune 500 company in a constitutional challenge to the validity of a section of the Comprehensive Environmental Response, Compensation, and Liability Act.

Marc  Pillinger, Esq.
Marc Pillinger, Esq.

Executive Partner at Pillinger, Miller & Tarallo

Marc is an executive partner at Pillinger, Miller & Tarallo and has been a practicing attorney for over 35 years. Prior to graduating Brooklyn Law School, he attended medical school at the University of Paris. He is a noteworthy and prominent attorney in the areas of Construction, Labor Law, and environmental and toxic torts and is listed in Who’s Who in Environmental Law and Kipling’s Who’s Who. Marc has vast experience and expertise in complex, multi-party litigation, Labor Law, Products Liability, lead, and environmental cases. He is a lecturer for the New York State Bar Association, N.Y.S. Academy of Trial Lawyers, Environmental Committee of CLM, numerous insurance carriers and brokers, and the Insurance Society of Philadelphia. Marc is a former trustee of the Board of Education of the Ardsley Union Free School District.

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We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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