Howard B. Epstein

Practice Areas

Environmental law, insurance law, eminent domain, environmental crimes, complex litigation, environmental regulatory, mergers and acquisitions/environmental issues

Education

Selected Representations

Significant litigations

Springfield v. Lewis et al., 702 F. 2d. 426 (2nd Cir. 1983)

Kessler v. Tarrats, 194 N.J. Super 136 (1984)

Gloucester County Concerned Citizens v. Goldschmidt et al., 533 F. Supp. 222 (N.J. Dist. 1982)

Olin Corp. v. INA et al., 762 F. Supp 548 (N.Y. Dist. 1991)

United States v. Pitney Bowes, Inc. et al., 25 F. 3d 66 (2nd Cir. 1994)

Friends of Van Cortlandt Park et.al. vs. The City of New York, 95 NY 2nd. 623, Feb. 8, 2001

Cinergy Corporation, Duke Energy Indiana, Inc and Duke Energy of Ohio, Inc. v. Associated Electric & Gas Insurance Services, LTD, Indiana Supreme Court, No. 32S05-0604-CV-00151, May 1, 2007

In 1990, was certified by the U.S. District Court for the Eastern District of New York to act as a mediator. Since then, has successfully mediated a number of cases and is regularly called upon to mediate complex insurance and environmental matters

Significant business transactions

Representing Purchasers

• Chrysler Corporation from DaimlerChrysler
• GMAC from General Motors
• NewPage Corporation from MeadWestvaco
• BlueLinx from Georgia Pacific
• Albertsons
• National Car Rental
• Ames True Temper
• Americast Technologies
• Formica
• DynCorp

General environmental counsel to a number of large real estate lenders specializing in commercial mortgage backed securities

Environmental insurance

After entering private practice in 1985, acted as a legal counsel to National Union Fire Insurance Company (AIG), the largest underwriter of pollution liability insurance. Advised National Union on the drafting of the policies, pollution risk and new environmental products. Virtually all environmental products trace their origins to the forms National Union developed in 1986.

In addition to specific expertise drafting and negotiating environmental insurance products, has represented lenders and other financial institutions in hundreds of transactions, including being responsible for documentation and environmental due diligence. Also has represented purchasers and sellers in mergers and acquisitions and has an in-depth, working familiarity with the business needs of lenders and fiduciaries as they relate to environmental liability.

Selected Publications

"Narrow View of Prior Knowledge Exclusion Adopted," New York Law Journal, November 3, 2008 (co-author)

“Consequential Damages: Only If Foreseen at Time of Pact,” New York Law Journal, May 8, 2008 (co-author)

“World Trade Center Debris: Meaning of ‘Contamination’,” New York Law Journal, March 6, 2008 (co-author)

“Choice of Law Can Be the Key to an Insurance Case,” New York Law Journal, Jan. 4, 2008 (co-author)

“Repudiation vs. Ordinary Breach: Insured’s Policy Duties,” New York Law Journal, July 2, 2007 (co-author)

“Duty to Defend: Four Corners Rule, Duty to Look Beyond,” New York Law Journal, May 9, 2007 (co-author)

“NFL Goes Back to Basics to Win ‘Clarett’ on Extra Point,” New York Law Journal, Jan. 5, 2007 (co-author)

“Late Notice: Insured’s Implied Waiver of Privilege,” New York Law Journal, Nov. 29, 2006 (co-author)

“Contra Proferentum: Sophisticated Entities Negotiating,” New York Law Journal, Aug. 30, 2006 (co-author)

“Insurers, Tort Declaratory Judgment Actions, Bad Faith Liability,” New York Law Journal, July 10, 2006 (co-author)

“Identifying Late Notice as Defense in Specific Reservation of Rights,” New York Law Journal, April 17, 2006 (co-author)

“State and Federal Courts of Appeal Enforce Noncumulation Clauses,” New York Law Journal, Feb. 28, 2006 (co-author)

“Wind vs. Water: Insurance Coverage for Storm Damage,” New York Law Journal, November 29, 2005 (co-author)

“Public Policy Ruled Not a Mandate for Extended Reporting Periods,” New York Law Journal, Aug. 24, 2005 (co-author)

“Misrepresentations in Insurance Application Can Void the Policy,” New York Law Journal, June 30, 2005 (co-author)

“Late Notice Law: Does the Insurer Need to Show Prejudice?” New York Law Journal, Feb. 22, 2005 (co-author)

“Beware of Deemer Clauses Treating Related Claims as Single Claim,” New York Law Journal, Nov. 8, 2004 (co-author)

“Directors’ and Officers’ Insurance: Allocation of Defense Costs,” New York Law Journal, Aug. 24, 2004 (co-author)

“New Transactional and Government Investigation Insurance,” New York Law Journal, July 1, 2004 (co-author)

“Pollution Insurance in Business and Real Estate,” New York Law Journal, April 21, 2004 (co-author)

“Late Notice Law: Does the Insurer Need to Show Prejudice?,” New York Law Journal, Feb. 20, 2004 (co-author)

“Proceeds of D&O Liability Insurance Property of Debtor’s Estate?,” New York Law Journal, Nov. 12, 2003 (co-author)

“The Terrorism Risk Insurance Act of 2002: Analysis and Review,” New York Law Journal, Sept. 8, 2003 (co-author)

“Limits of No-Assignment Clause: Assigning Rights in Asset Purchase," New York Law Journal, July 9, 2003 (co-author)

“Environmental Claims Management,” Lloyds Environmental Risk International, 1993

“A Guide to EPA’s Lender Liability Regulations,” The Review of Banking and Financial Services, June 1992

“Hazardous Loans: Lender Liability under Superfund,” The Environmental Claims Journal, 1989

“Negotiating Settlements in Hazardous Waste Cases,” DRI, 1986

“Environmental Coverage Under the Claims-Made-and-Reported Form,” Executive Enterprises, Insurance Claims for Environmental Damages, 1984

Selected Speaking Engagements

“Vapor Intrusion,” AEGIS Insurance Services Forums, 2006

“Environmental Diligence in Business Acquisitions and Divestitures,” ITT, 2004

Memberships

American Bar Association
New York City Bar Association
New York Conversation Education Fund (NYCEF)
   Board of Directors

Prior Experience

Assistant County Prosecutor, Somerset County, New Jersey
Deputy Attorney General, New Jersey
    Counsel to New Jersey Department of Transportation
    Prosecuted over 50 eminent domain matters. Tried two cases to verdict.
    Environmental - Chief Environmental Counsel
    Counsel to New Jersey Department of Environmental Protection
    CERCLA, RCRA, TSCA, Spill Act, NRPA
Partner, Lord Day & Lord, Barrett Smith