Joseph A. Oliva, the chair of the Construction practice group and a senior member of the Global Insurance Services practice group, is a resident of our Manhattan office and concentrates his practice on civil and commercial litigation, insurance coverage analysis, insurance coverage litigation, construction and contract litigation. Joe’s practice includes representing financial institutions in various commercial litigation matters and representing construction companies in catastrophic personal injury accidents.

He has significant experience in all areas of construction accident, construction defect, New York Labor Law matters, financial institution coverage investigations and litigation involving fraud, social engineering, employee dishonesty, directors’ and officers’ liability, safe-deposit box loss, embezzlement, Ponzi schemes, check kiting, ERISA fraud, and mortgage fraud matters. In addition, he handles subrogation work, particularly in the health care subrogation area. Joe has handled both state and federal litigation involving ERISA-based plans, Medicare Advantage and general health care plans’ subrogation, and reimbursement rights throughout the northeast. His practice also focuses on bad faith litigation, property damage litigation, and errors and omissions coverage investigation and litigation.

Joe also had extensive experience managing cyber liability as the threats and potential consequences of data breaches continue to rise, regularly managing multi-million-dollar claims made under cyber, privacy, and social media policies. A steadfast insurance industry advocate, Joe assists insurers in negotiating policies and treaties with policyholders and cedents, helping insurers develop applications and underwriting guidelines specifically tailored to managing cyber risk, and handles the full spectrum of cyber related insurance coverage dispute defense.

Joe has also handled litigation involving the Uniform Commercial Code (UCC), loan participation agreements, foreclosures on loans and debts, and the mysterious disappearance of safe deposit box contents. In addition, he has counseled his clients on transactional matters and drafted confessions of judgment, loan agreements, safe deposit box contracts, risk transfer agreements and other documents. He also has class-action litigation experience, including cases involving diet drug and gun litigation, as well as multi-district litigation.

In addition, Joe represents broker-dealers in Financial Industry Regulatory Authority (FINRA) arbitrations involving securities-related claims, including those alleging breach of fiduciary duty, breach of contract, unsuitable investment recommendations, improper sales practices, churning, and negligent supervision. He attended the FINRA Institute at Wharton (University of Pennsylvania) Certified Regulatory and Compliance Professional Program (CRCP).

Joe began his career with a two-year judicial clerkship, working as a Senior Appellate Court Attorney for the New York State Supreme Court, Appellate Division, Second Judicial Department where he had the privilege of working on over 150 appeals.

Joe then began his litigation career working in a midsize New York City law firm, where he assisted clients with all phases of litigation from inception through trial in numerous property damage and personal injury matters. As the attorney in charge of that firm’s appellate practice in the New York City office, he conducted jury trials and wrote over 75 appellate briefs.

He is also a former senior litigation associate for a large international law firm in their New York City office. At that firm, his practice concentrated on all aspects of commercial litigation and insurance coverage litigation from initial complaint to trial, verdict, appeal, and recovery.

Over the course of his career, Joe has obtained appellate argument experience in the First, Second and Third Judicial Departments of the New York Supreme Court and has over 70 reported decisions.