Peter Biging is an accomplished trial and appellate attorney with 30 years of experience as a litigator in the state and federal courts of New York. As Vice Chair of the Professional Liability Practice Group, his practice focuses on the defense of a variety of professionals against errors and omissions claims, labor and employment practices litigation, commercial litigation, municipal liability litigation, and professional liability coverage work. His E&O work includes defending insurance agents and brokers, securities brokers, lawyers, and miscellaneous professionals. Peter regularly handles complex, high-stakes commercial litigations and claims involving allegations of fraud or malfeasance, as well as litigations of non-solicitation/non-compete disputes. In the course of his work in this regard, Peter has repeatedly been recognized as a New York Metro area Super Lawyer.

Peter's work has led to a number of significant decisions, including:
  • Dismissal of the First Amendment claims of a high school art teacher disciplined for a classroom speech soliciting student participation in a planned art school involving nude models (affirmed by the Second Circuit)
  • Dismissal (and affirmance by the NY Appellate Division, First Department) of legal malpractice claims against a law firm for allegedly making a disastrous “tactical” decision contrary to the client’s wishes
  • Dismissal of a First Amendment claim arising from disciplining of an elementary school student for writing a story about murder and sex involving other students (affirmed by the Second Circuit)
  • Dismissal of fraud, Racketeer Influenced and Corrupt Organizations Act (RICO) claims, and other claims asserted in a suit alleging a scheme to defraud involving complicated fraudulent financing of real estate ventures, resulting in actual damages alleged to exceed $40 million
  • Dismissal of claims against a social services agency for violation of due process in connection with the removal of children from foster parents (affirmed by the Second Circuit)
  • Dismissal of a Section 1983 claim for regulatory taking and defamation in connection with a town's issuance of notices of hearings for engaging in regulated activity on wetlands without a permit
  • Decision (noted on the cover of the New York Law Journal) finding that it was the duty of an insurer to defend breach of fiduciary duty claims made against a law firm on the part of a legal malpractice insurer, despite the fact that only fraudulent conduct was specifically alleged
  • Dismissal of wrongful death claims (affirmed by the NY Appellate Division, Second Department) against a municipality for allegedly failing to protect two young women who had been walking on railroad tracks from an oncoming train because a police officer who had allegedly directed them into harm’s way had not assumed a “special duty” to protect them
  • Summary judgment award voiding over $200 million in reinsurance due to the fraudulent concealment of a cedent’s insolvency (affirmed by the New York Court of Appeals)
  • Decision upholding the standing of a parent corporation to assert RICO claims for injuries to diminution in value of stock caused by racketeering activity directed at a subsidiary
  • Dismissal following trial of claims against an insurance broker for allegedly failing to procure insurance for a residential building despite receiving specific instructions to do so and an application, leaving owner uninsured for severe personal injury claims
  • Dismissal of a libel claim based upon a psychiatric evaluation report to an insurer as protected opinion (affirmed by the Appellate Division, First Department)
  • Dismissal of a libel claim based upon a court-ordered report on the mental status of a criminal defendant by a social worker as protected by quasijudicial proceeding immunity (affirmed by the Appellate Division, First Department) 

In addition to his legal successes, Peter is a prolific author and presenter on professional liability, E&O, EPL, and coverage issues. He has served on the American Bar Association (ABA) Section of Litigation’s Committees on Employment & Labor Relations, Insurance Coverage Litigation, and Professionals’, Officers’ and Directors’ Liability (now known as the Professional Liability Insurance Committee — PLIC), where he is now Chair. Peter also is the Vice Chair of the Professional Liability Defense Federation’s Insurance Agent/Broker Claims Committee.

Honors
  • Martindale-Hubbell Peer Review Rating: AV Preeminent
  • New York Metro Super Lawyers, 2009–10, 2012–17
Professional Affiliations
  • Professional Liability Defense Federation (PLDF): Co-Chair, Insurance Committee; former Chair, Corporate Governance Committee
  • American Bar Association (ABA)
  •      Tort Trial and Insurance Practice Section: Chair, Professional Liability Insurance Committee (PLIC)
  •      Section of Litigation: Committees on Employment & Labor Relations, Insurance Coverage Litigation, and Professional Liability Litigation
  • Professional Liability Underwriting Society
  • New York City Bar Association
  • Defense Research Institute 
  • Claims and Litigation Management Alliance (CLM)
  • Insurance Federation of New York (IFNY)
Admitted to Practice
  • New York 
  • U.S. District Courts for the Eastern and Southern Districts of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Supreme Court
Education
  • Fordham University School of Law, J.D., 1986
  • Queens College, The City University of New York, B.A., cum laude, 1981
Publications/Presentations
  • Co-Author, "Defending the Indefensible: Navigating the Strategic and Ethical Landscape of Defending Clients Who Have Engaged in Indefensible Conduct,” Tort Trial & Insurance Practice Law Journal, Spring/Summer 2017
  • Co-Author, "Insuring The Sharing Economy and FINTECH: The Exposures and Related Coverage Issues, Where Things Now Stand and Where They May Be Heading," Mealey’s Emerging Insurance Disputes, July 21, 2017
  • Co-Presenter, “Legal Malpractice at a Crossroads? The Looming Threats,” CLM 2017 Annual Conference, Nashville, March 29-31, 2017
  • Co-Author, “Legal Malpractice at a Crossroads: Managing the Looming Threats Facing Attorneys and LPL Professionals from the Explosive Growth of ESI and Social Media,” The Brief, American Bar Association Tort Trial and Insurance Practice Section, Spring 2017
  • Co-Author, “The Evolution of Legal and Ethical Claims in the Age of Attorney Blogging,” DRI For the Defense, October 2016
  • Co-Presenter, "Strategic and Ethical Landscape of Defending Clients Who Have Engaged in Indefensible Conduct," American Bar Association Annual Meeting, San Francisco, August 5, 2016
  • Presenter, "The Sharing/On-Demand Economy: The Issues and Exposures," 12th Annual National Directors Offers Insurance ExecuSummit, Uncasville, CT, May 17, 2016
  • Co-Author, “Does Broker Know Best When Purchasing Cyberinsurance?Law360, May 10, 2016
  • Co-Author, “For Whom the Statute Tolls: Determining When a Legal Malpractice Claim Is Time-Barred,” The Brief, American Bar Association Tort Trial and Insurance Practice Section, Spring 2016
  • Author, "Developments in Insurance Agent/Broker Professional Liability 2015: The Year in Review, Part II," PLUS Journal, March 2016
  • Author, “Developments in Insurance Agent/Broker Professional Liability 2015: The Year in Review, Part I,” PLUS Journal, February 2016
  • Presenter, "Strategies for Defending the Seemingly Indefensible Claim," New York, NY, September 29, 2015 
  • Moderator, "Relationship Advice: Analyzing Claims-Made Coverage and When Claims 'Relate Back' to Prior Policy Periods," 11th Annual National Directors & Officers Insurance ExecuSummit, Uncasville, CT, May 20, 2015 
  • Presenter, "Legal Malpractice," ABA Spring Conference, Philadelphia, May 1, 2015 
  • Co-Author, “Recent Developments Affecting Professionals’, Officers’, and Directors’ Liability,” American Bar Association Tort & Insurance Practice Law Journal, Vol. 50:2, Winter 2015
  • Developments in Insurance Agent/Broker Professional Liability 2014: The Year in Review, Part II,” PLUS Journal, February 2015
  • Developments in Insurance Agent/Broker Professional Liability 2014: The Year in Review, Part I,” PLUS Journal, January 2015
  • Co-Author, “For Whom the Statute Tolls,” For the Defense, Defense Research Institute, September 2014
  • Presenter, “Defending the Insurance Agent and Broker E & O Claim Arising From the Insurance Application Process — The Changing Landscape,” DRI’s Professional Liability Seminar, New York, NY, December 4, 2014
  • Co-Author, “Enforceability of a Personal Jurisdiction/Forum Selection Clause Against an Employee’s New Employer in a Non-Compete Dispute,” American Bar Association Professionals’, Officers’, and Directors’ Liability Newsletter, Summer 2014
  • Panelist, ABA TIPS Professionals, Officers and Directors Liability Committee Leadership Meeting, Boston, August 8, 2014
  • Co-Author, “For Whom the Statute Tolls,” Professional Liability Defense Quarterly, Summer 2014
  • Quoted in “The Agent’s Duty to Advise: Courts Get Tough,”Rough Notes, June 2014
  • Author, “Insurance Agent and Broker E&O 2013: The Year in Review, Part 2,”PLUS Journal, Vol. XXVII, No. 5, May 2014
  • Author, “The Legal Duties and Responsibilities of Insurance Agents and Brokers,” chapter in Insurance Agency Risk Management: A Comprehensive Guide to Avoiding E&O Claims, Book Two, Agents of America / Thomson Reuters, May 2014
  • Quoted in “Duty to Advise,”Risk and Insurance, May 1, 2014
  • Author, “Insurance Agent and Broker E&O 2013: The Year in Review, Part I,”PLUS Journal, Vol. XXVII, No. 4, April 2014
  • Author, “Insurance Agents and Brokers and the 'Duty to Advise,'”Corporate Counsel, April 8, 2014
  • Author, “Brokers: Be Careful What You Promise,”Property Casualty 360, March 13, 2014
  • Editor, “Unit 3: Insurance E&O Fundamentals” and “Unit 4: Duties and Liabilities of Insurance Agents and Brokers,” Module 20: Insurance Professionals, Professional Liability Underwriting Society, 2014
  • Quoted in “NY High Court Chips Away at Broker Liability Shield,”Law360, March 3, 2014
  • Co-Author, “Recent Developments Affecting Professionals’, Officers’, and Directors’ Liability,” American Bar Association Tort Trial & Insurance Practice Law Journal, Fall 2013
  • Moderator, “Insurance Agents E&O: Wait, Wait, There’s a Duty to Do What?” 2013 PLUS International Conference, Orlando, FL, November 5, 2013 
  • Quoted in “Navigating Uncharted Waters,”Risk & Insurance, November 2013
  • Presenter, “Handling the Case Involving Allegations of Fraud or Other Malfeasance by an Employee,” WESFACCA Annual Ethics CLE, New Castle, NY, October 24, 2013
  • Quoted in “Brokers Face Legal Battles,”Risk & Insurance, October 14, 2013
  • Presenter, “Professional Liability Coverage in Dispute: The Usual Suspects and Developing Issues,” Thomson Reuters Webinar, July 17, 2013
  • Moderator, “Super Storm Sandy — A Professional Liability Perspective,” PLUS Mid-Atlantic Chapter Workshop, Philadelphia, PA, May 9, 2013