No Surprises: Staying a Step Ahead in Practice with Orrie Levy

Orrie Levy approaches the law as a high-stakes game of chess. He orchestrates his moves strategically and methodically, carefully calculating risks and patiently assessing the next ten steps in advance. He’s been practicing law long enough to recognize the particular puzzle each case presents and confidently find solutions with an aptitude that can only be earned through experience. Levy has a knack for the long game.

“Every move and response in every case has a reason,” says Levy. “When you have a goal-driven methodology and everything is about what the building blocks are to achieve that goal, you’re most likely to be successful.”

At Cohen Ziffer Frenchman & McKenna, Levy represents policyholders in insurance-related matters. The skillful litigator’s practice boasts variety, breadth and depth but his main focus is on directors & officers liability insurance coverage issues. Levy places a premium on keeping his finger on the pulse of the industry to stay ahead of its emerging – and sometimes troubling – trends.

“I’ve been seeing an uptick in insurance companies refusing to cover settlements of lawsuits arising from corporate transactions, which in the past has been a mainstay of directors & officers insurance coverage,” says Levy. “There seems to be a fundamental gap in this arena between the litigation positions being taken by insurance companies and the reasonable expectations of policyholders regarding the coverage they believe they purchased.”

Levy brings with him a background in government as well as the public sector, in civil and criminal trials. As an Assistant District Attorney in the Appeals Bureau of New York’s Bronx County District Attorney’s Office, Levy tried more than 40 criminal appeals. His experience has granted him ample opportunities to argue a broad scope of high-impact cases to a variety of judges and juries. Throughout his expansive career, Levy has learned that no two organizations are the same – each case must be tailored with unique nuance and respect for the specifics.

Levy highly prioritizes a “no surprises” model when it comes to communication with his clients. He believes strongly in the importance of being communicative and responsive. Never one to be a pawn, this tactic helps to ensure Levy and his clients stay in the powerful position of offense – and helps him keep control of the board.

Lawdragon: Can you describe for our readers the mix of work you do within your practice?

Orrie Levy: My firm, Cohen Ziffer Frenchman & McKenna, does one thing: We pursue insurance coverage for policyholders in high-stakes matters. We take pride in representing household-name corporate clients in connection with their biggest insurance claims, and in achieving results for those clients.

It is a highly focused practice, but one that simultaneously allows for a great deal of variety. One day, you might be helping a client access $500M in coverage to clean up environmental damage in the Newark Bay, and another day you might be representing a client in its pursuit of billions of dollars in coverage for opioid-related liability – to give just two examples from my own practice.

Recently, a focus of my practice has involved directors & officers liability insurance coverage, where we have obtained hundreds of millions of dollars for policyholders in their defense and settlement of corporate lawsuits. In a recent high-profile case for Harman International Industries, we secured a ruling from the Superior Court of Delaware that Harman’s insurers couldn’t avoid covering a $28M settlement of a shareholder lawsuit over Harman’s merger with Samsung. I also have experience with E&O, CGL, property, cyber and crime policies – each of which presents unique and interesting challenges.

LD: Undoubtedly. Can you tell us, what are some aspects about this work that you find professionally satisfying? What keeps you excited about it?

OL: I view every one of my cases as a complex puzzle in search of a solution. I approach that challenge by assessing the insurance coverage at issue, anticipating counterarguments, and then formulating a strategic plan to achieve each client’s goals, which I then pursue aggressively. Solving each puzzle requires creativity, analysis and dedication, which is a deeply satisfying experience. Achieving results for my clients by securing the insurance coverage to which they are entitled is the icing on the cake.

The case felt like a classic law school exam where a single fact pattern implicates a wide range of issues and our job was to synthesize those issues into a coherent story.

LD: What originally made you pursue a career in the law?

OL: I’ve always loved debate. Starting in middle school, I was on every debate and moot court team I could sign up for. I enjoy analytical thinking and unpacking and picking apart arguments, so a career in law was a very natural and obvious choice. I also love writing, which is another key aspect of legal work. There is no other career where I would be able to utilize so many of my interests and passions on a daily basis.

LD: Out of all the work you’ve done in your career, what would you say is the most interesting matter you’ve handled?

OL: I recently handled an arbitration involving a large financial institution seeking insurance coverage under a fidelity bond. The loss at issue in that case was highly complex, and the policy that covered it had a number of unique provisions that intersected with the facts of the case in surprising ways. The case involved allegations of corporate dishonesty, and the intersection of numerous legal issues and contractual interpretation principles. It felt like a classic law school exam where a single fact pattern implicates a wide range of issues and our job was to synthesize those issues into a coherent story. At the end we achieved an excellent result for the client.

LD: Are there any trends you are seeing in your practice in terms of the types of matters keeping you busy these days?

OL: I’ve been seeing an uptick in insurance companies refusing to cover settlements of lawsuits arising from corporate transactions, which in the past has been a mainstay of directors & officers insurance coverage. This troubling trend has been going on for the last several years, creating a big increase in litigation involving policyholders seeking coverage for lawsuits arising from corporate transactions. There seems to be a fundamental gap in this arena between the litigation positions being taken by insurance companies and the reasonable expectations of policyholders regarding the coverage they believe they purchased.

LD: What advice do you have now for current law school students?

OL: Your career is going to take all sorts of twists and turns, and as long as you work hard and are ready to pounce on opportunities when they arise, you’ll do just fine.

I graduated from law school at the tail end of the financial crisis, when it was very hard to find a legal job. I always had a plan to work in civil litigation at a large law firm, but there weren’t any openings when I graduated. So I pivoted and decided to work for a prosecutor’s office, where I knew I could get lots of hands-on experience, which I did. And I ended up loving the work, camaraderie and sense of purpose. After doing that for a few years, I decided to segue to private practice. To achieve that goal, I landed a federal clerkship in the Southern District of New York, which I leveraged to secure a position at the type of firm I had always hoped to work for. The bottom line is that every setback can also be an opportunity if you have the right perspective and drive to succeed.

LD: I like that. Was there an early experience or mentor who really helped shape the course of your professional life?

OL: While in high school, I worked for a local judge in Nassau County. That was a very formative experience for me, where I saw that my interests in debate and analytical thinking could translate into a career. Watching the judge work was fascinating and educational: He was smart, patient, fair and direct. It was inspiring and a critical step on my road to becoming a lawyer.

LD: How would you describe your style as a lawyer?

OL: I would describe my style as deeply strategic, methodical and aggressive. Every move and response in every case has a reason. I’m trying to think 10 moves ahead at all times. As a result, my clients aren’t surprised when things happen in the case, and it allows us to achieve effective and favorable results. When you have a goal-driven methodology and everything is about what the building blocks are to achieve that goal, you’re most likely to be successful.

LD: There are many high-quality firms out there. What do you try to “sell” about your firm to potential recruits – how is it unique?

OL: Our firm is a true meritocracy. You get a lot of hands-on experience very quickly, and the limit of your potential is simply the limit of your ability. On top of that, we do interesting, high-stakes work in bet-the-company cases, while maintaining a collegial and close-knit working environment.

LD: What do you do for fun when you’re outside the office?

OL: Spending time with my wife and kids is an important part of my life and helps me maintain balance. I also love to cook, paint and exercise.

LD: If you weren’t a lawyer, what would you be doing now?

OL: I’d be a lifelong student. I love to learn new things, see new places, engage with new ideas and meet people from different walks of life.