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Frederic J. Giordano

Partner
+1.973.848.4035
Fax +1.973.848.4001

Fred Giordano focuses his practice on insurance coverage litigation and counseling and complex civil and commercial litigation.

Mr. Giordano’s insurance coverage practice is limited to representing policyholders.  On the front side, he helps clients assess their risks and evaluate potential insurance coverage before claims even arise.  He reviews insurance policies and programs and advises clients regarding the scope of their existing coverage and implementing potential improvements.  He works closely with a policyholder’s insurance broker, as appropriate, and has helped draft custom policy language.  When claims do arise, Mr. Giordano helps clients maximize their insurance recovery by negotiating, mediating, or litigating as necessary.  Recognizing that unnecessary legal expenses can drain a company’s resources, Mr. Giordano carefully assesses his clients’ claims at the inception of matters and recommends whether or not they should pursue their claims before embarking on cases.  Once engaged, Mr. Giordano collaborates with his clients and seeks the best and most efficient results for their businesses.  Often, such results can be achieved through negotiation, but Mr. Giordano litigates to protect his clients’ rights and interests when insurers are unwilling to resolve claims fairly and equitably.

Mr. Giordano has litigated and counseled clients with respect to claims under a wide variety of insurance policies, including private equity fund management liability, management and professional liability, directors and officers liability, errors and omissions liability, fiduciary liability, workers’ compensation and employers liability, commercial general liability, business owners, commercial automobile, and owner-controlled insurance programs (“OCIPs”).  Among other things, he has secured insurance coverage for clients for informal U.S. Securities and Exchange Commission (“SEC”) inquiries, formal and informal SEC investigations, class action securities lawsuits, derivative actions, and lawsuits alleging property damage, serious bodily injury, and construction defects.  He also has handled disputes for coverage under homeowners’, builders’ risk, and property policies, including Superstorm Sandy claims.

Mr. Giordano further helps companies implement effective risk transfer.  He has drafted, reviewed, and revised many contractual insurance procurement and indemnification provisions.  He has particular experience with respect to the impact of anti-indemnity statutes and caselaw that limits the scope of indemnification for construction claims in many jurisdictions.

Mr. Giordano also litigates a variety of other civil and commercial matters.  By way of example, he has handled disputes over warehouse lending facilities and other loans, liens, construction defects, defective products, fraud, consumer fraud, and multiple instances of breach of contract.  He has arbitrated numerous cases involving breaches of agreements to purchase real property and defended developers, builders, and product manufacturers in personal injury and property damage actions.

Finally, Mr. Giordano has published and lectured on, and continues to speak and write about, numerous insurance and indemnity-related topics. He presently serves as the Secretary of the Insurance Law Section of the New Jersey State Bar Association.

Professional Background

Prior to joining K&L Gates, Mr. Giordano was a partner at a Newark law firm, where he focused his practice in the areas of insurance coverage and related construction issues. He also served as a member of the Board of Trustees of New Jersey Reads, a nonprofit organization dedicated to improving literacy skills of children and adults in New Jersey.

Achievements

The New Jersey Law Journal named Mr. Giordano to its 2008 “40 Under 40” list, an annual look at 40 promising young professionals in New Jersey's legal community.

Professional/Civic Activities

  • New Jersey State Bar Association
  • Regis Bar Association

Speaking Engagements

  • “A Primer on Directors and Officers and Similar Professional Liability Insurance,” Association of Corporate Counsel New Jersey 14th Annual Full Day CLE Conference, September 16, 2016.
  • “Overview, New Developments, and Ethical Considerations: Additional Insured Coverage and Contractual Indemnification,” New Jersey State Bar Association 2016 Annual Meeting and Convention, May 19, 2016.
  • “Practical Tips for Mediating Liability and Coverage Claims,” New Jersey State Bar Association Dispute Resolution and Insurance Law sections CLE program, April 7, 2015.
  • “A Primer on Directors and Officers and Similar Professional Liability Insurance,” New Jersey Corporate Counsel Association 12th Annual Full Day CLE Conference, September 19, 2014.
  • “An Introduction to Corporate Insurance,” New Jersey Corporate Counsel Association 11th Annual Full Day CLE Conference, September 20, 2013.
  • “Best Practices in Construction Claims and Disputes Management,” K&L Gates and Marsh Conference: Legal and Insurance Lessons Learned from Major Catastrophic Events and Constructions Claims, September 10, 2013.
  • “Are Construction Defects ‘Occurrences’ Under General Liability Insurance Policies?,” Leading Builders of America General Counsels Meeting, November 15, 2012.
  • “Insurance 101: A Basic Level Introduction to Corporate Insurance,” New Jersey Corporate Counsel Association 10th Annual Full Day CLE Conference, September 21, 2012.
  • “Major Construction Projects: Key Risk and Insurance Strategies,” K&L Gates & Marsh Sponsored Seminar, October 6, 2011.
  •  “Contractual Indemnities and Insurance: Not Always Perfect Together,” New Jersey Corporate Counsel Association 9th Annual Full Day CLE Conference, September 23, 2011.
  • “Protecting Lender Interest in Borrower Insurance Proceeds: Navigating Insurance and Bankruptcy Issues in Commercial Lending,” Strafford Publications CLE Webinar, April 12, 2011.
  • “Insurance Issues in Negotiating and Closing Financing Transactions,” The Association of Commercial Finance Attorneys, Inc. Meeting, September 20, 2010.
  • “Saving Money through Risk Transfer: Practical Advice on Effectuating Indemnification and Additional Insured Coverage,” The National Catholic Risk Retention Group, Inc. 19th Annual Winter Meeting, February 2, 2010.
  • “Insurance Issues Arising Out of the Financial Crisis – What Should You Do to Protect Your Company,” New Jersey Corporate Counsel Association 7th Annual Full Day CLE Conference, September 24, 2009.
  • “‘Free Money’ Insurance Coverage under Policies Issued to Other Companies,” New Jersey Corporate Counsel Association 6th Annual Full Day CLE Conference, September 18, 2008.
  • “Maximizing Insurance Coverage for Directors and Officers,” guest lecturer in Mergers and Acquisitions, Professor Robert T. Miller, University of Pennsylvania Law School and Villanova University School of Law, April 2008.
  • “What Bank Directors and Officers Should Know (And Not be Afraid to Ask) About D&O Liability Insurance Coverage,” presented to The New Jersey League of Community Bankers, Senior Management Conference, September 2006.
  • “Directors and Officers Insurance Issues,” guest lecturer in Mergers and Acquisitions, Professor Robert T. Miller, Villanova University School of Law, April 2006.
  • Representation of private equity firm in dispute with its private equity fund and management liability insurer over coverage for costs incurred in responding to an initial informal SEC inquiry and a subsequent formal SEC investigation, and in defending a related lawsuit brought by limited partners arising out of the alleged misallocation of fund assets to the limited partners’ detriment.
  • Representation of publicly traded real estate investment trust in connection with securing insurance coverage for defense of derivative, securities, and other litigations under directors and officers insurance policies.
  • Representation of private investment firm in connection with seeking insurance coverage under its private equity fund and management liability insurance policy for multiple suits and claims arising from bankruptcy of portfolio company.
  • Representation of directors of private investment firm in connection with securing potential insurance coverage under directors and officers insurance policy of portfolio company for lawsuit alleging breaches of fiduciary duty.
  • Representation of private investment firm in negotiation of management and professional liability renewal policy.
  • Representation of developer-appointed former directors of country club in pursuit of directors and officers insurance coverage for claims of breach of fiduciary duty and conversion brought on behalf of country club.
  • Representation of developer and developer-appointed directors of country club in securing insurance coverage under commercial general liability and directors and officers policies for lawsuit seeking damages for property damage caused by alleged construction defects and breaches of fiduciary duty by directors.
  • Representation of developer of New York City high rise in connection with seeking insurance coverage under its commercial general liability insurance policy, and as an additional insured under its subcontractors’ commercial general liability policies, for claims by adjacent buildings for alleged property damage caused during construction of client’s building.
  • Representation of publicly traded restaurant company in connection with securing insurance coverage for settlement of derivative lawsuit.
  • Representation of hospital in litigation against insurance broker alleging negligence in connection with failure to place adequate flood insurance prior to Superstorm Sandy.
  • Representation of catering company in connection with insurance claim for property damage following Superstorm Sandy.
  • Representation of homeowner in litigation against insurance agent alleging negligence in connection with failure to place flood insurance prior to Superstorm Sandy.
  • Representation of realty trust in competing declaratory judgment actions regarding insurance coverage potentially available to pay for property damage to realty trust’s apartment complex.
  • Representation of condominium developer in pursuit of insurance coverage under OCIP for lawsuit by condominium association alleging property damage resulting from purported construction defects.
  • Representation of a national home builder in litigations in various jurisdictions seeking insurance coverage as an additional insured for bodily injury claims of subcontractor employees, including an employee who sustained permanent brain damage and disability in a fall on a New Jersey construction site, an employee who lost vision in one eye while operating a nail gun on a Massachusetts construction site, an employee who sustained serious burns from a portable heater on a Delaware construction site, and an employee who fell on temporary stairs on a New York construction site.
  • Representation of a national home builder in litigation seeking insurance coverage under its own general liability insurance policies for multimillion-dollar property damage claims of a large New Jersey condominium association.
  • Representation of a national home builder in litigation seeking insurance coverage as an additional insured for bodily injury and property damage claims of 40+ homeowners allegedly caused by water intrusion and mold in a North Carolina townhome development.
  • Representation of a fire retardant treated lumber producer in litigation seeking millions of dollars of insurance coverage from its liability and excess insurers for hundreds of claims for property damage allegedly caused by premature degradation of fire retardant treated plywood.
  • Representation of leading national heating and air conditioning systems supplier in a multiparty subrogation action arising out of property damage to a large Native American casino’s data and surveillance center allegedly caused by the shutdown of a prefabricated chiller plant, while also securing insurance coverage for client as an additional insured under installer’s commercial general liability insurance policy.
  • Representation of a medical device manufacturer in litigation seeking millions of dollars of insurance coverage from its liability insurers for hundreds of claims for bodily injury allegedly caused by latex-containing products.
  • Representation of a telecommunications company in litigation seeking insurance coverage from its fiduciary liability insurers for a multimillion-dollar settlement of ERISA class action lawsuits.
  • Representation of a recycling facility in a lawsuit against its liability insurer seeking damages for insurer’s bad faith failure to settle claims for wrongful death and bodily injury arising from an explosion.
  • Representation of a beverage company and trucking company in separate lawsuits involving disputed workers’ compensation insurance premiums.
  • Representation of a large real estate developer seeking coverage from its own insurer and as an additional insured for property damage caused by alleged construction defects at three large New Jersey condominium developments.
  • Representation of a drug manufacturer with respect to insurance coverage for lawsuits arising from alleged manufacturing errors.
  • Representation of leading heating and air conditioning manufacturer in securing insurance coverage for automobile wrongful death lawsuit.
  • Representation of leading heating and air conditioning manufacturer in securing insurance coverage for subrogation claims arising from fire in shopping center.
  • Representation of consumer products supplier in securing complete defense by independent counsel and contribution to settlement for lawsuit involving copyright infringement as advertising injury under commercial general liability policy.
  • Counseling of music production company with respect to insurance coverage for copyright infringement claim under media liability insurance policy.
  • Representation of pharmaceutical company in resolution of dispute over royalty sharing agreement.
  • Representation of recycling company in litigation seeking damages from plastics supplier for delivery of nonconforming goods.
  • Representation of a wholesale mortgage lender in litigation to recover damages from a warehouse lender and guarantors that defaulted on a significant line of credit.
  • Representation of a condominium developer in numerous arbitrations against buyers that defaulted on contractual purchase obligations.
  • Representation of an apartment complex in litigation brought by the contractor’s employee allegedly injured seriously while working at the complex.
  • Representation of a large real estate developer in a lawsuit seeking coverage under its general liability policies for property damage caused by alleged construction defects at two large New Jersey waterfront condominium developments.
  • Representation of a building owner in a lawsuit seeking damages from its property insurer for damage caused by a building collapse.
  • Representation of a national home builder in litigation seeking indemnification and damages for breach of contract from subcontractors that negligently constructed a home in Virginia.
  • Representation of a national home builder in litigation seeking insurance coverage as an additional insured for a property damage claim allegedly caused by water intrusion and mold in Florida.
  • Representation of financial services company in litigation over priority of mortgage and in connection with securing insurance coverage for lawsuit from title insurer.
  • Representation of financial services company and employee in litigation over alleged fraud in connection with home equity line of credit.
  • Representation of hospital in negotiating insurance and indemnity provisions in contract with anesthesia group.
  • Representation of hospital in dispute with insurer over coverage for employee’s medical treatment under stop-loss health insurance policy.