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), and is the Chair Elect of the PLIC for 2016. Peter also is the Chair of the Professional Liability Defense Federation’s Committee on Corporate Governance/D&O Defense.

Honors
  • Martindale-Hubbell Peer Review Rating: AV Preeminent
  • New York Metro Super Lawyers, 2009-2010, 2012-2016
Professional Affiliations
  • Professional Liability Defense Federation (PLDF): Co-Chair, Insurance Committee; former Chair, Corporate Governance Committee
  • American Bar Association (ABA) Professional Liability Insurance Committee (PLIC): Chair Elect
  • American Bar Association 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, “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