Employment, Insurance &
 Professional Liability



The Uncertainty Continues: Allocation in Progressive Loss Cases...

Current 'Hot' Topics in Advertising Liability Coverage...

Non-Settling Insured's Liability for Judgments Which Invade The Excess Layer - A Review of the Law and Recommendations to Reduce Exposure...



 
   
 


HOWARD M. GARFIELD

Partner Howard Garfield maintains an active litigation practice that emphasizes the defense of employers and businesses in employment litigation, commercial and securities litigation, employment counseling, the defense of professionals, including accountants, lawyers, officers and directors, securities and commodities brokers and investment advisers, the representation of directors' and officers' liability insurance carriers, insurance coverage, with particular emphasis on professional errors and omissions and employment practices liability insurance, reinsurance and other commercial and business disputes. 

Mr. Garfield has acted as both mediator and arbitrator and is a member of the panel of Resolution Remedies, an ADR provider in Northern California, and the National Arbitration Forum. He has served as counsel, as a party-appointed arbitrator, and as an umpire in reinsurance and insurance arbitrations, and he has testified extensively as an expert at trial and in depositions on insurance and law practice management issues, and the reasonableness of attorneys' fees in both state and federal courts. He is listed in Who's Who in American Law and was selected in 2004 by San Francisco Magazine as one of the Bay Area's Superlawyers. He also provides the annual training mandated by the California Fair Claims Settlement Practices Regulations. Mr. Garfield was the firm's managing partner from 1983 through 1991 and from 1995 through 2000.

Education

COLUMBIA UNIVERSITY, New York City, New York 1960 - 1961 

STANFORD UNIVERSITY, Stanford, California A.B., with Great Distinction and Honors in Humanities, 1964; Woodrow Wilson National Fellowship, 1964; Danforth National Fellowship, 1964; Phi Beta Kappa, 1963 

HARVARD UNIVERSITY, GRADUATE SCHOOL OF ARTS AND SCIENCES, Cambridge, Massachusetts 1964 - 1965 

HARVARD LAW SCHOOL, Cambridge, Massachusetts J.D., cum laude, 1968

Publications and Presentations

Co-author: "The Uncertainty Continues: Allocation in Progressive Loss Cases," Legal Ledger, Vol. 7, No. 3, Fall 1996. 

Co-author: "Current 'Hot' Topics in Advertising Liability Coverage," Legal Ledger, Vol. 7, No. 3, Fall 1996. 

Author: "Non-Settling Insured's Liability for Judgments Which Invade The Excess Layer - A Review of the Law and Recommendations to Reduce Exposure," Declarations, Summer 1996 

Author: "When Does A Consent Judgment Bind an Insurer in California?," California Insurance Reporter, March 1996 

Co-Author: "Abracadabra - How A Reinsurer's Equitable Defenses May Disappear In The Cedent's Liquidation," Legal Ledger, Vol. 7, No. 1, 1996 Co-Author: "Accountant Malpractice As A Breach Of Contract," Legal Ledger, Vol. 7, No. 1, 1996 

Co-Author: "Privity Reviewed: Persons To Whom Accountants Owed Duty Of Care," Legal Ledger, Vol. 7, No. 1, 1996 

Author: "A Survey of Accountant of Malpractice: Breach of Contract or Tort?," PLI, 1995 

Co-Author of chapter: "Directors' and Officers' Liability Insurance: Does It Cover Preferential and Fraudulent Transfers?" Corporate Counsel's Guide to Director & Officer Insurance, 1995 

Author: "Impact of the Corporation's Bankruptcy on the Defense of D & O Claims," PLI, 1994 

Co-Author: "California Adopts New Claims Handling Regulations," Legal Ledger Special Edition, February 1993 

Author: "Who Bears The Responsibility? The Implications of the Apple Computer Decision for Directors and Officers Insurance," Legal Ledger, Vol. 3, No. 1, March 1992 

Author: "Problems Posed For the D&O Insurer by Insolvent Insureds," PLI, 1992 

Author: "Notice Requirements," PLI, 1990 

Author: "Current Issues in Settlement of Claims," PLI, 1990 

Author: "The Impact of the Insured's General Liability Coverage on the Obligations of the Directors' and Officers' Carrier," PLI, 1990 

Author: "Directors and Officers Liability Insurance: Some Current Issues in the Settlement of Claims," PLI, 1989 

Co-Author: Corporate Directors and Officers Liability, Insurance and Risk Management, Executive Enterprises Publications Co., Inc., 1989 

Author: "California State Law Limitations and Insurance Regulations Affecting Directors and Officers Policies," Practicing Law Institute, 1988 

Author: "Other Insurance and Operations of Limits and Deductibles," PLI, 1988

Professional Organizations & Activities

Member: State Bar of California; International Association of Defense Counsel; Defense Research Institute; PLUS. 

Admitted: California Bar, January 1969; all federal district courts in California; federal district courts in Nevada, Tennessee, Florida, Washington, D.C.; Ninth Circuit Court of Appeals, United States Supreme Court.

CIVIC, COMMUNITY AND SOCIAL ORGANIZATIONS AND ACTIVITIES

Member: City of Mill Valley, California, Parks and Recreation Commission (1989 - 1995); Museo Italo Americano; Stanford Alumni Association.

Personal

Born: New York, New York.

 

   

465 California Street 5th floor San Francisco CA 94104 TEL 415-397-2222 FAX 415-397-6392