Tuesday, May 21, 2013
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Announcements and Recent News  

Senior Partner John J. Barbera Gives CLE Lecture at New York State Judicial Institute

On April 11, 2013, John J. Barbera, a Senior Partner at Martin Clearwater & Bell LLP, gave a presentation at the NYS Judicial Institute via webinar to New York State's Supreme Court Judges and their clerks as part of the Judiciary's Continuing Legal Education program. Mr. Barbera discussed the implications of the Federal HIPAA Privacy Rule for protected health information, and the multi-regulatory framework in New York State in the setting of third party subpoena's seeking disclosure of medical records of non-consenting patients. The lecture illustrated the complex statutory framework applicable under Federal and State Law by reviewing two cases emanating from New York Family Court and the New York Supreme Court. One of the cases discussed concerned a recent Court of Appeals decision which created a limited "implied" exception to CPLR 4505, the statutory "Physician - Patient Privilege" in New York. Under New York Common law no such privilege existed.

In the Matter of New York City HHC v. New York State Commission of Correction, 19 NY3d 241 (2012), the New York State Court of Appeals reversed lower court rulings in a case involving a quashed subpoena for the medical records of a deceased inmate. Despite there being no express statutory exception to allow for such disclosure absent an authorization from the patient's estate, the Court held that the broad scope of investigatory powers provided by the legislature to the NYS Commissioner of Correction implicitly allowed for the right to obtain such records as part of its obligation to investigate inmate deaths. The case provided a backdrop to the rich regulatory framework in New York which provides significant protections and safeguards to prevent the unauthorized disclosure of protected heath information. Mr. Barbera's discussion highlighted and contrasted the legitimate needs of those entities seeking the protected health information with those of the health care entities seeking compliance with the relevant laws that authorize disclosure of protected heath information in certain circumstances.

MCB Appeals Department Gives CLE Lecture for NYSBA

Barbara D. Goldberg, Partner and Head of the Firm's Appellate Department and Appellate Partner Stewart G. Milch participated as speakers at a New York State Bar Association CLE on post-verdict motions. The program, which was held on Friday, April 19, 2013, featured a lecture by Ms. Goldberg and Mr. Milch on "An Introduction to Collateral Source Reductions."

MCB Named by Fortune Magazine as a Top Ranked Law Firm in 2012

The Firm is pleased to announce that it has been listed by Fortune Magazine as a 2012 Top Ranked Law Firm.

MCB Named by New York Magazine as Top Rated Lawyers in 2012

MCB is proud to announce that it has been listed by New York Magazine as Top Rated Lawyers for 2012 based on its number of Martindale-Hubbell AV rated attorneys. The AV preeminent rating is a significant accomplishment and a testament to the fact that a lawyer's peer rank him or her at the highest level of professional excellence.

MCB Announces Its New York Magazine featured New York Area
Best Lawyers in America for 2011

Martin Clearwater & Bell LLP is pleased to announce that four of the firm’s senior partners have again been named New York-area Best Lawyers in America® for 2011. Bruce G. Habian, John L.A. Lyddane, Anthony M. Sola and Peter T. Crean received the honor. The New York-area Best Lawyers are featured in New York Magazine. Best Lawyers in America® is a published volume of preeminent lawyers selected through a confidential, nationwide survey of thousands of leading attorneys.

MCB Announces its Super Lawyers - NY Metro Area for 2011

Martin Clearwater & Bell LLP is pleased to announce that fifteen partners have been selected as New York Metro area Super Lawyers for 2011, and one partner was also selected to New Jersey Super Lawyers. Bruce G. Habian, John L.A. Lyddane, Jeffrey A. Shor, Anthony M. Sola, Sean F.X. Dugan, Peter T. Crean, William P. Brady, Kenneth R. Larywon, Jeff Lawton, Michael F. Lynch, Thomas A. Mobilia, Erik Kapner, Gregory J. Radomisli and Steven M. Berlin received the Super Lawyer designation in the New York Metro area and Partner Steven M. Berlin also received the honor in New Jersey. Super Lawyers identifies the top 5 percent of attorneys in the New York Metro area, as chosen by their peers and through the independent research of Law & Politics.

Nassau County Office Mailing Address

Please note that when sending mail to the Firm's Nassau County Office the US Post Office now requires the use of our suite number. The correct address is:

90 Merrick Avenue
Suite 401
East Meadow, NY 11554

MCB Announces Its New York Magazine featured New York Area
Best Lawyers for 2010

Martin Clearwater & Bell LLP is pleased to announce that four of the firm’s senior partners have again been named New York-area Best Lawyers in America® for 2010.
Bruce G. Habian, John L.A. Lyddane, Anthony M. Sola and Peter T. Crean received the honor. The New York-area Best Lawyers are featured in New York Magazine. Best Lawyers in America® is a published volume of preeminent lawyers selected through a confidential, nationwide survey of thousands of leading attorneys.

MCB Partners Named as 2010 Super Lawyers

Martin Clearwater & Bell LLP is pleased to announce that fourteen partners have been selected as New York Metro area Super Lawyers for 2010, and 1 partner selected to New Jersey Super Lawyers. Bruce G. Habian, John L.A. Lyddane, Jeffrey A. Shor, Anthony M. Sola, Sean F.X. Dugan, Peter T. Crean, William P. Brady, Kenneth R. Larywon, Jeff Lawton, Michael F. Lynch, Thomas A. Mobilia, Erik Kapner and Gregory J. Radomisli received the Super Lawyer designation in the New York Metro area and Partner Steven M. Berlin received the honor in New Jersey. Super Lawyers identifies the top 5 percent of attorneys in the New York Metro area, as chosen by their peers and through the independent research of Law & Politics.


MCB Receives Approval as a New York State CLE Accredidted Provider

The Firm is pleased to announce that it is now a New York State Accredidted CLE Provider. MCB is committed to providing its clients with quality Continuing Legal Education programs.

Bruce G. Habian and Peter T. Crean Named as Best Lawyers in
Annual Guide to Legal Malpractice Law
April 2009

Senior Partners Bruce Habian and Peter Crean were listed for the third year in a row by New York Magazine's Best Lawyers in their Annual Guide to Legal Malpractice Law.

MCB Announces Best Lawyers in America for 2009
December 15, 2008

Martin Clearwater & Bell LLP is pleased to announce that four of the firm’s partners have been named New York-area Best Lawyers in America® for 2009. Bruce G. Habian, John L.A. Lyddane, Anthony M. Sola and Peter T. Crean received the honor for the fourth year in a row. The New York-area Best Lawyers are featured in the December 22 - 29, 2008 double issue of New York Magazine. Best Lawyers in America® is a published volume of preeminent lawyers selected through a confidential, nationwide survey of thousands of leading attorneys.

Bruce G. Habian Named 2009 Lawyer of the Year


Fourteen MCB Partners Named "Super Lawyers" for 2009
August 1, 2009



Martin Clearwater & Bell LLP is pleased to announce that fourteen partners have been selected as New York Metro area Super Lawyers for 2009. Bruce G. Habian, John L.A. Lyddane, Jeffrey A. Shor, Anthony M. Sola, Sean F.X. Dugan, Peter T. Crean, William P. Brady, Kenneth R. Larywon, Jeff J. Lawton, Michael F. Lynch, Erik J. Kapner, Stacie L. Young and Ellen B. Fishman received the Super Lawyer designation in the New York Metro area and Partner Steven M. Berlin received the honor in New Jersey. Super Lawyers identifies the top 5 percent of attorneys in the New York Metro area, as chosen by their peers and through the independent research of Law & Politics.

MCB Added to AIG's Approved Defense Panel in the Area of Employment & Labor

The Firm is pleased to announce that it has been added to AIG's approved panel for the defense of Employment and Labor cases in New York and New Jersey. Clients with AIG as an insurance carrier may now request that MCB defend them.

Fourteen MCB Partners Named "Super Lawyers" for 2008
September 29, 2008


Martin Clearwater & Bell LLP is pleased to announce that fourteen partners have been selected as New York Metro area Super Lawyers for 2008. Bruce G. Habian, John L.A. Lyddane, Jeffrey A. Shor, Anthony M. Sola, Sean F.X. Dugan, Peter T. Crean, William P. Brady, Kenneth R. Larywon, Jeff J. Lawton, Michael F. Lynch, Erik J. Kapner, Stacie L. Young and Ellen B. Fishman received the Super Lawyer designation in the New York Metro area and Partner Steven M. Berlin received the honor in New Jersey. Super Lawyers identifies the top 5 percent of attorneys in the New York Metro area, as chosen by their peers and through the independent research of Law & Politics.

Sixteen MCB Partners Named "Super Lawyers"
September 18, 2007



Martin Clearwater & Bell LLP is pleased to announce that sixteen partners have been selected as Super Lawyers for 2007. Bruce G. Habian, John L.A. Lyddane, Jeffrey A. Shor, Anthony M. Sola, Sean F.X. Dugan, Joseph L. DeMarzo, Peter T. Crean, William P. Brady, Kenneth R. Larywon, Jeff J. Lawton, Michael F. Lynch, Erik J. Kapner, Stacie L. Young, Nancy A. Breslow and Ellen B. Fishman received the Super Lawyer designation in New York and Partner Steven M. Berlin received the honor in New Jersey. Super Lawyers identifies the top 5 percent of attorneys in the New York Metro area, as chosen by their peers and through the independent research of Law & Politics.

MCB Announces Best Lawyers in America for 2007
September 1, 2007



Martin Clearwater & Bell LLP is pleased to announce that four of the firm’s partners have been named New York-area Best Lawyers in America® for 2007. Bruce G. Habian, John L.A. Lyddane, Anthony M. Sola and Peter T. Crean received the honor for the third year in a row. The Partners were recognized in the area of medical malpractice law, with Mr. Habian and Mr. Crean also noted in the area of legal malpractice law. The New York-area Best Lawyers are featured in the July 2007 issue of New York Magazine. Best Lawyers in America® is a published volume of preeminent lawyers selected through a confidential, nationwide survey of thousands of leading attorneys.

MCB Partner Admitted to American College of Trial Lawyers
October 1, 2006

Senior Partner Bruce G. Habian has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America. The induction ceremony at which Mr. Habian became a Fellow took place this September before an audience of 1,020 persons during the recent 2006 Annual Meeting of the College in London, England. He joins MCB senior partners John L.A. Lyddane and Peter T. Crean who are also Fellows of the College.

Founded in 1950, the College is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of fifteen years trial experience before they can be considered for Fellowship.

MCB Announces Best Lawyers in America for 2006
September 1, 2006



Martin Clearwater & Bell LLP is pleased to announce that four of the firm’s partners have been named New York-area Best Lawyers in America® for 2006. Bruce G. Habian, John L.A. Lyddane, Anthony M. Sola and Peter T. Crean received the honor for the second year in a row. The Partners were recognized in the area of medical malpractice law, with Mr. Habian and Mr. Crean also noted in the area of legal malpractice law. The New York-area Best Lawyers are featured in the July 2006 issue of New York Magazine. Best Lawyers in America® is a published volume of preeminent lawyers selected through a confidential, nationwide survey of thousands of leading attorneys.

MCB Partners Named New York Super Lawyers
September 1, 2006


Martin Clearwater & Bell LLP is pleased to announce that ten partners have been selected as New York Super Lawyers for 2006. Bruce G. Habian, John L.A. Lyddane, Jeffrey A. Shor, Anthony M. Sola, Sean F.X. Dugan, Peter T. Crean, Kenneth R. Larywon, Jeff J. Lawton, Stacie L. Young and Ellen B. Fishman received the Super Lawyer designation. Super Lawyers are determined by a peer-selection process and the honor is received by the top 5% of attorneys in each state.

Five MCB Partners Named Best Lawyers in America
August, 1, 2005

Martin Clearwater & Bell LLP is pleased to announce that five of the Firm's partners, George van Setter, Bruce G. Habian, John L.A. Lyddane, Anthony M. Sola, and Peter T. Crean, have been named among the Best Lawyers in America. The Firm has more partners selected by its peers for this honor in the New York area, than any other firm in its field.

Best Lawyers in America is a published volume of preeminent lawyers selected through a confidential, nationwide survey of thousands of leading attorneys. The New York-area lawyers in this year's list, including Mr. van Setter, Mr. Habian, Mr. Lyddane, Mr. Sola, and Mr. Crean, will appear in the August 2005 double issue of New York Magazine.

MCB Opens New Jersey Office
April 1, 2005

MCB is pleased to announce the opening of its New Jersey Office, located at 744 Broad Street in Newark, New Jersey. The office will be headed by Steven M. Berlin and will initially focus on Employment and Labor Law. The addition of the New Jersey office is the fourth office for the growing Firm. MCB is headquartered in Manhattan with additional offices in White plains, NY and East Meadow, NY.

MCB Welcomes Steven M. Berlin
February 14, 2005

Steven M. Berlin has joined the Firm to head the Employment and Labor Practice Group and the Firm's New Jersey office. Mr. Berlin joins MCB with over 20 years of litigation experience representing clients in a wide range of employment law matters in state and federal courts, in arbitration and before administrative agencies such as the Equal Employment Opportunity Commission and the United States Department of Labor. (Full Story)

Martin Clearwater & Bell LLP is pleased to announce that it has received approval from the New York State CLE board to be listed as Accredidted Providers for Continuing Legal Education programs in New York. This accredidation runs from January 21, 2010 through December 31, 2012. MCB is committed to providing educational programs to its clients.