Overview
Elan represents insurance companies with respect to all aspects of claims involving directors and officers liability, property insurance, employment practices liability, fiduciary liability, professional liability and commercial general liability policies. Before joining Bailey Cavalieri, Elan was a member in the insurance department of a large international law firm.
Practice Areas
Credentials
Education
Benjamin N. Cardozo School of Law, New York NY, J.D. (2000)
Tufts University, B.A. History, cum laude (1997)
Bar Admissions
Ohio
Connecticut
New Jersey
New York
Professional Recognition
2015 New York Metro Rising Star, Superlawyers Magazine
Professional Highlights
Publications & Speaking Engagements
- 7th Circuit Joins Trend Of No CGL Coverage For Structural Flaws
- Professional Services: Where Do You Draw the Line?, Guest Post, D&O Diary (March 28, 2022)
- Litigation Risks and Insurance Issues for SPAC Sponsors, Guest Post, D&O Diary (February 15, 2022)
- The Year in Review: 2021 Key D&O Insurance Coverage Decisions, Guest Post, D&O Diary (January 25, 2022)
- Divergent Trends Regarding Application of the Insured vs. Insured Exclusion for Mixed Actions, Guest Post, D&O Diary (January 4, 2022)
- D&O Risks and Challenges for Pharmaceutical Companies and their Insurers, Guest Post, D&O Diary (December 1, 2021)
- COVID EPLI Update, PLUS Podcast (June 6, 2021)
- SPAC Risks Podcast, Woodruff Sawyer Podcast (May 6, 2021)
- Moderator, Round Up: Survey of Key D&O and E&O Insurance Coverage Decisions, PLUS Webinar (December 3, 2020)
- The Impending Bankruptcy Surge and Insured vs. Insured Considerations, Guest Post, D&O Diary (July 27, 2020)
- Key 2019 Management and Professional Liability Insurance Coverage Decisions, Guest Post, D&O Diary (February 5, 2020)
- Moderator, Round Up: Survey of Key D&O and E&O Insurance Coverage Decisions, PLUS Webinar (December 11, 2019)
- CGL Intellectual Property Presentation for State Auto, (October 31, 2019)
- PE Leaders’ Many Hats Complicate D&O Policies, Expert Analysis, Law 360 (July 9, 2019)
- Courts Reject Wage and Hour Claims as Employment-Related Misrepresentation Theory, Guest Post, D&O Diary (May 20, 2019)
- The Year in Review: 2018 Key D&O Insurance Coverage Decisions, Guest Post D&O Diary (January 14, 2019)
- Moderator, Round Up: Survey of Key D&O and E&O Insurance Coverage Decisions, PLUS Webinar (December 19, 2018)
- The Year in Review: 2017 Key D&O Insurance Coverage Decisions, Guest Post, D&O Diary (January 8, 2018)
- Moderator, Round Up: Survey of Key E&O and D&O Coverage Decisions, PLUS Webinar (December 13, 2017)
- Insuring Against Social Engineering Attacks, Risk Management Magazine (May 1, 2017)
- Moderator, What’s Next on the Alternative Asset Manager Risk Horizon, PLUS Webinar (January 12, 2016)
- The Importance of Inferiority as a Basis for Leveling the SEC’s Enforcement Action Playing Field, Guest Post, D&O Diary (July 23, 2015)
- SEC Intelligence for Private Funds: Disclose and Insured, Fundflre.com (June 10, 2015)
- The SEC Continues to Turn Up the Heat on Private Equity, Guest Post, D&O Diary (April 14, 2015)
- Moderator, Emerging Private Equity Professional and Management Liability Risks, PLUS Webinar (March 31, 2015)
- IPO Boom Comes with Costs for PE Firms, Insurers, Expert Analysis, Law360 (January 5, 2015)
- FCPA Risks Abound for PE Firms and their Insurers, Expert Analysis, Law360 (October 28, 2014)
Firm and Practice Management
Director & Officer Liability
Affiliations and Civic Involvement
Professional Liability Underwriting Society
Elan represents insurance companies with respect to all aspects of claims involving directors and officers liability, property insurance, employment practices liability, fiduciary liability, professional liability and commercial general liability policies. Before joining Bailey Cavalieri, Elan was a member in the insurance department of a large international law firm.
Practice Areas
Education
Benjamin N. Cardozo School of Law, New York NY, J.D. (2000)
Tufts University, B.A. History, cum laude (1997)
Bar Admissions
Ohio
Connecticut
New Jersey
New York
Professional Recognition
2015 New York Metro Rising Star, Superlawyers Magazine
Publications & Speaking Engagements
- 7th Circuit Joins Trend Of No CGL Coverage For Structural Flaws
- Professional Services: Where Do You Draw the Line?, Guest Post, D&O Diary (March 28, 2022)
- Litigation Risks and Insurance Issues for SPAC Sponsors, Guest Post, D&O Diary (February 15, 2022)
- The Year in Review: 2021 Key D&O Insurance Coverage Decisions, Guest Post, D&O Diary (January 25, 2022)
- Divergent Trends Regarding Application of the Insured vs. Insured Exclusion for Mixed Actions, Guest Post, D&O Diary (January 4, 2022)
- D&O Risks and Challenges for Pharmaceutical Companies and their Insurers, Guest Post, D&O Diary (December 1, 2021)
- COVID EPLI Update, PLUS Podcast (June 6, 2021)
- SPAC Risks Podcast, Woodruff Sawyer Podcast (May 6, 2021)
- Moderator, Round Up: Survey of Key D&O and E&O Insurance Coverage Decisions, PLUS Webinar (December 3, 2020)
- The Impending Bankruptcy Surge and Insured vs. Insured Considerations, Guest Post, D&O Diary (July 27, 2020)
- Key 2019 Management and Professional Liability Insurance Coverage Decisions, Guest Post, D&O Diary (February 5, 2020)
- Moderator, Round Up: Survey of Key D&O and E&O Insurance Coverage Decisions, PLUS Webinar (December 11, 2019)
- CGL Intellectual Property Presentation for State Auto, (October 31, 2019)
- PE Leaders’ Many Hats Complicate D&O Policies, Expert Analysis, Law 360 (July 9, 2019)
- Courts Reject Wage and Hour Claims as Employment-Related Misrepresentation Theory, Guest Post, D&O Diary (May 20, 2019)
- The Year in Review: 2018 Key D&O Insurance Coverage Decisions, Guest Post D&O Diary (January 14, 2019)
- Moderator, Round Up: Survey of Key D&O and E&O Insurance Coverage Decisions, PLUS Webinar (December 19, 2018)
- The Year in Review: 2017 Key D&O Insurance Coverage Decisions, Guest Post, D&O Diary (January 8, 2018)
- Moderator, Round Up: Survey of Key E&O and D&O Coverage Decisions, PLUS Webinar (December 13, 2017)
- Insuring Against Social Engineering Attacks, Risk Management Magazine (May 1, 2017)
- Moderator, What’s Next on the Alternative Asset Manager Risk Horizon, PLUS Webinar (January 12, 2016)
- The Importance of Inferiority as a Basis for Leveling the SEC’s Enforcement Action Playing Field, Guest Post, D&O Diary (July 23, 2015)
- SEC Intelligence for Private Funds: Disclose and Insured, Fundflre.com (June 10, 2015)
- The SEC Continues to Turn Up the Heat on Private Equity, Guest Post, D&O Diary (April 14, 2015)
- Moderator, Emerging Private Equity Professional and Management Liability Risks, PLUS Webinar (March 31, 2015)
- IPO Boom Comes with Costs for PE Firms, Insurers, Expert Analysis, Law360 (January 5, 2015)
- FCPA Risks Abound for PE Firms and their Insurers, Expert Analysis, Law360 (October 28, 2014)
Firm and Practice Management
Director & Officer Liability
Affiliations and Civic Involvement
Professional Liability Underwriting Society
Elan Kandel and Jim Young recently co-authored an article examining issues relating to the Professional Services Exclusion found in many private company D&O insurance policies. Directors and officers (“D&O”) insurance policies typically exclude coverage for claims based upon or arising... Read More
Over the past two years, special purpose acquisition companies (“SPACs”) have become a popular means of taking private companies public. SPACs accounted for 247 public listings in 2020 (52% of all initial public offerings (“IPOs”) for that year) and 613... Read More
It goes without saying that the existence of a “claim” is a fundamental requirement to claims-made coverage, and what falls within the scope of a particular policy’s definition of a “claim” is a question that frequently arises in D&O coverage... Read More