NEW YORK—July 1, 2022—Cohen Ziffer Frenchman & McKenna LLP founding partner Adam Ziffer has been recognized as a 2022 Elite Boutique Trailblazer by The National Law Journal. He is one of only 26 individuals honored nationally in this year’s report. His profile is available here.
Over the course of his decades-long career, Ziffer has led landmark litigation cases that have resulted in significant recoveries for policyholders and changed the course of law. Nationally and internationally known for his successful litigation and arbitration strategies and execution, Ziffer represents policyholders in actions for damages and declaratory relief and counsels clients on a range of insurance-related issues.
Ziffer represented TIAA-CREF in a groundbreaking case which raised a “thorny legal question that has challenged courts nationwide”—namely, whether liability policies can protect against lawsuits that seek disgorgement for policyholders’ alleged unfair business practices. He won a landmark decision that New York law did not prohibit indemnification of TIAA-CREF, clarifying that a civil settlement of disgorgement claims is an insurable loss. He first-chaired the subsequent jury trial, obtained a verdict worth $50 million, and successfully argued the appeal in Delaware Supreme Court, which affirmed the verdict unanimously.
Ziffer also secured a summary judgment victory for Medidata Solutions in one of the first federal decisions regarding coverage for email spoofing under a commercial crime insurance policy. Existing law did not speak to whether computer fraud coverage covered such a loss, and the resulting ruling had significant implications for insurance coverage of cyber-scams.
In 2021, Ziffer was named one of only 26 Litigation Trailblazers by The National Law Journal.