Profile

Education

  • Rutgers University School of Law – Newark, JD, 2010
  • Boston University - School of Management, BA, 2003

Eduardo is a partner in the firm’s Basking Ridge office. He focuses his practice in the areas of insurance and reinsurance coverage litigation. Eduardo has litigated matters and counseled insurers with respect to a wide variety of insurance claims and policies concerning first-party property damage, inland marine, general liability, professional liability, directors’ and officers’ liability, pollution liability, employment practices liability, OCP liability, additional insured coverage, and umbrella/excess coverage. He routinely handles all pre-trial litigation activities, including written discovery, depositions, motion practice and the negotiation of settlements. In addition to practicing in federal and state courts in New Jersey and New York, Eduardo has experience litigating cases in Pennsylvania, the District of Columbia, Texas, New Hampshire, and Vermont.

Eduardo has extensive experience counseling clients and litigating matters related to insurance and reinsurance coverage. Some of his most significant experience includes the handling of a variety of claims against lawyers’ professional liability policies, additional insured claims including priority of coverage and fee recovery, and long-tail claims stemming from asbestos and environmental contamination.

Eduardo also represents non-insurer clients in commercial litigation disputes involving both monetary and injunctive relief. He has prosecuted civil lawsuits to unwind fraudulent conveyances of assets and to obtain various relief in “business divorce” cases, including the involuntary expulsion of an LLC member for wrongful conduct. Additionally, Eduardo represents companies and individuals in disputes among shareholders of a corporation and partners in a partnership.

Eduardo previously served as a judicial law clerk for the Honorable W. Hunt Dumont, Civil Presiding Judge in the Superior Court of New Jersey. Prior to beginning his legal career, Eduardo worked in trade marketing for two different Fortune 500 companies.

Qualifications and admissions

  • New Jersey
  • New York
  • US Court of Appeals, Second Circuit
  • US Court of Appeals District of Columbia
  • US District Court, New Jersey
  • US District Court, Eastern and Southern Districts of New York

Market recognition

  • Eduardo has been recognized as a “Rising Star” in his practice area by Super Lawyers from 2015-2021.

Work highlights

  • Secured favorable outcome in high-exposure dispute concerning whether Wal-Mart was entitled to excess-layer coverage for its settlement of the catastrophic loss that injured comedian, Tracy Morgan.
  • Prevailed on summary judgment and subsequent appeal with respect to claim involving interpretation of a “business enterprise” exclusion in a lawyers’ professional liability policy.
  • Prevailed in additional-insured coverage disputes regarding interpretation of “caused by” language under both New York and New Jersey law.
  • Successfully obtained leave to file an amicus brief to the New Jersey Supreme Court which allowed an insurer client to interpose arguments in a significant environmental lawsuit addressing allocation of coverage for losses otherwise covered by a bankrupt insurer.
  • Litigated through trial a lawsuit to unwind the fraudulent conveyance of high-value properties and assets.
  • Litigated through trial a hotly-contested LLC member dispute in the New Jersey Superior Court's Chancery Division that involved application of the law governing the management of an LLC, the standards of conduct for LLC members, and LLC dissolution.

Presentations and publications

  • Co-author, “New Jersey Supreme Court rules that COVID-19 business interruption claims may be dismissed at the pleadings stage,” published for Kennedys (January 2024)
  • “Insurer liability for retained counsel's malpractice,” In-House Client Training (November 2023)
  • “The State of Bad Faith,” In-House Client Training (May 2023)
  • “COVID 19 business interruption claims and litigation landscape US,” In-House Client Training (January 2022)
  • Co-author, "The Ninth Circuit Court of Appeals COVID-19 decisions," published for Kennedys (October 2021)
  • Co-author, "Allocation between covered and uncovered claims, and advising the insured of its allocation burden," published for Kennedys (March 2021)
  • Contributor, US Construction Defect Insurance Coverage Law Compendium (September 2019)
  • Author, "Courts debate if an insurer can bring a malpractice action against defense counsel it retained to defend its insured," published for Kennedys (September 2019)
  • Author, “Limitations on the Use of the Reasonable Expectations Doctrine and the Contra Proferentem Rule by Sophisticated Policyholders,” published for Kennedys (January 2019)