Michael E. Kar Associate

     

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Michael Kar serves as coverage and monitoring counsel for international and domestic insurers in connection with professional and specialty lines of coverage, including D&O, EPL, E&O, LPL and miscellaneous professional liability lines for financial institutions, consulting firms and other high-profile insureds. Michael's retention as coverage counsel also extends to first- and third-party claims arising under cyber and tech E&O policies.

As a member of Wilson Elser’s Program Management team, Michael also analyzes, manages, monitors and resolves claims occurring under professional and cyber lines for insurers based in the United States, London and Bermuda. He is called on frequently to advise carriers on a wide range of coverage, liability and resolution strategy issues. Michael tailors his counsel to each particular client’s business interests and goals, and is used as an asset for immediate guidance and assistance with emerging aspects of professional liability and cyber claims.

Michael also serves as immediate data breach counsel for clients who experience cybersecurity incidents, and is called on to tactfully advise and guide clients through stages of forensic analysis, necessary notification, regulatory compliance and potential third-party claims.

Michael’s insight is enhanced by his experience as a litigation associate in the New York City office of a regional law firm, where he specialized in commercial and defense litigation. His experience includes representing executives in general business disputes, defending directors & officers in response to breach of fiduciary duty claims and litigating shareholder disputes.

Additionally, Michael has been an active pro bono mediator with the New York Peace Institute since 2016. In 2017, Michael was awarded a Certificate of Dispute Resolution from the Kukin Program for Conflict Resolution.

Areas of Focus

Insurance Coverage, Professional Liability
Michael’s abilities are wide-ranging across professional liability lines of coverage, with an emphasis on management liability. His current practices as coverage and monitoring counsel are supplemented by his experience as a litigator, making him a valuable asset when engaged at the initial notice of claim, as well as when he is brought in to resolve ongoing complex and protracted matters. Michael is practiced at evaluating difficult landscapes that present competing considerations and complexities, and then surgically implementing monitoring/resolution strategies that work to resolve open issues and guide the matter toward a favorable resolution.

Directors & Officers
As a focus of his practice, Michael regularly represents D&O insurers as coverage and monitoring counsel in all types of matters, from high-profile regulatory investigations to complex commercial litigation. He is knowledgeable in the myriad disciplines and variables that impact the exposure and resolution of claims involving D&O liability insurance, including shareholder derivative actions; class action securities litigation; D&O policy coverage and application in abnormal circumstances, such as fraud and insolvency; data breach and other cyber liability claims; and negotiation and mediation processes. In addition to his tactful counsel in addressing and resolving individual D&O claims, Michael is used as a resource for immediate guidance and consultation on emerging developments in this field.

Cybersecurity & Data Privacy
Michael is consulted and retained as immediate data breach counsel for clients who experience cybersecurity incidents, taking into account all manner of actors, including nation-states, criminal entities, terrorists, “hacktivists” and well-meaning employees. His experience in cybersecurity and data privacy allows him to effectively represent clients through the stages of breach identification, forensic analysis, necessary notification, initial and continuing regulatory compliance, and potential third-party claims. He carefully monitors trends and changes to cyber “attack vectors,” including social engineering, helping to ensure that clients’ risk management guidelines are up to date, practical and effective.