Lawrence C. Fox practices in the area of litigation. Mr. Fox has more than 30 years of experience representing large corporate clients in federal and state courts, through trials and appeals, in a wide variety of matters, including insurance, contract, securities, ERISA, intellectual property and products liability. In recent years, he has been lead or co-lead counsel for major insurers in a series of high-profile insurance fraud recovery cases in New York, California and Florida. Mr. Fox has represented New York City hospitals now comprising the Mount Sinai Health System in a number of matters.
Mr. Fox is a 1982 graduate of the New York University School of Law and a graduate of Princeton University.
Areas of Practice
- Commercial Litigation
- Insurance Litigation
- Represented health insurance plans in a civil RICO case against perpetrators of the massive California "Rent-A-Patient" insurance fraud scheme, in which corrupt surgery clinics recruited and paid thousands of patients from 47 States to undergo unnecessary surgeries, and the clinics and doctors submitted fraudulent bills to insurers. Recovered millions of dollars from defendant clinics, owners/operators and doctors. Blue Cross and Blue Shield of Alabama v. Unity Outpatient Surgery Center (C.D. Cal.).
- Represented a New York hospital in a highly-publicized dispute over the estate of the heiress Huguette Clark, including allegations of undue influence by the hospital in connection with Ms. Clark's Will and inter vivos gifts. In re Huguette Clark and In the Matter of the Petition of the Public Administrator, N.Y. Co., as Temporary Administrator of the Estate of the Huguette Clark (Surrogates Ct. N.Y. Co.). Won dismissal of $50 million in claims against the hospital.
- Represented a New York hospital in a complex multi-million dollar commercial lease dispute concerning a medical office building in Brooklyn. Case settled in a manner the client found favorable. E and E Medical Buildings, LLC v. New York Eye and Ear Infirmary (Sup. Ct. N.Y. Co. 2013).
- Represented a New York hospital in a suit to collect unpaid medical benefits from two union benefit funds. Reached an excellent settlement far exceeding client's expectations. Beth Israel Medical Center and St. Luke's-Roosevelt Hospital Center v. Local 272 Welfare Fund and Local 348 Health & Welfare Fund, (S.D.N.Y. 2013).
- Represented a New York hospital in a $10 million employment contract dispute over its termination of a Department Chairman. Won summary judgment for client. Scott v. Beth Israel Medical Center, 47 A.D.3d 541, 850 N.Y.S.2d 81 (1st Dep't 2008). Also made New York law in that case on piercing the attorney-client privilege when an employee communicates with his attorney over the employer's e-mail system. 17 Misc. 3d 934, 847 N.Y.S.2d 436 (Sup. Ct. N.Y. Co. 2007).
- Represented a fire insurer against claims by two mortgage lenders over misdirected insurance proceeds. Won separate summary judgments against both lenders. Everhome Mortgage Co. v. Charter Oak Fire Ins. Co., 2012 WL 868961 (E.D.N.Y.).
- Represented investor on securities fraud claims concerning securitization of mortgage loans for gas-stations and convenience stores. Case settled on terms the client found extremely favorable. In re Enterprise Mortgage Acceptance Co. Securities Litigation, (E.D.N.Y. 2005).
- Represented four major health insurers in the "California Cosmetic" civil RICO litigation against a large network of surgery clinics and doctors who submitted fraudulent insurance claims and medical records to insurers that disguised non-covered cosmetic surgeries as covered medically-necessary surgeries. Obtained asset freezes, summary judgments, terminating sanctions and millions of dollars of recoveries that were upheld on numerous appeals. Connecticut General Life Ins. Co. v. New Images of Beverly Hills, 321 F.3d 878 (9th Cir. 2003); 2003 WL 729077; 2003 WL 729097; 2003 WL 729099; 2003 WL 729135; 2004 WL 1923598; 2004 WL 1166538; 2007 WL 3353704.
- Represented an auto insurer in obtaining multi-million dollar settlements from conspirators in a no-fault auto insurance fraud ring involving staged auto accidents in Brooklyn and Queens. Travelers Indemnity Co. v. TMR Medibill, Inc., (E.D.N.Y. 2002).
- Represented a health insurer in an ERISA suit in which substance abuse facilities in New York and Florida sued the insurer for more than $3 million in benefits. Turned the tables by uncovering significant billing fraud and filing a fraud counterclaim, resulting in a substantial recovery by the client. National Recovery Institutes, Inc. v. Travelers Insurance Co., (S.D.N.Y., U.S. Bankr. S.D. Fla., 1998).
- Represented an insurer sued for more than $3 million in the collapse of a publishing industry group insurance fund. Filed counterclaims and tried the case to a jury, with the jury returning verdicts for the client on both the plaintiff's claim and the client's counterclaim. Raff v. Travelers Ins. Co. (S.D.N.Y. 1996).
- Represented health insurer in the "A Place For Us" RICO/insurance fraud case against a major hospital chain and others that submitted fraudulent insurance claims for supposed inpatient psychiatric care for patients recruited by telemarketers. Recovered the client's large losses after litigation by other insurers and law firms against the same defendants had been unsuccessful. Aetna v. Greeson (C.D. Cal.).
- Represented a movie and television actor on Lanham Act and state law claims against a fast food chain and its advertising agency that used a look-alike, sound-alike actor in television commercials. The defendants agreed to a large settlement while the jury was deliberating. Wilford Brimley v. Hardee's and Ogilvy & Mather, (S.D.N.Y. 1995).
- For eight years, including a four-week trial and multiple appeals, represented pro bono a class of homeless HIV-positive individuals in a suit against the City and State seeking placement in non-congregate housing to avoid exposure to the tuberculosis epidemic then raging through New York City homeless shelters. The case was instrumental in changing New York City and State policy on the housing of medically vulnerable homeless persons (see Mixon v. Grinker, 212 A.D.2d 183, 627 N.Y.S.2d 668 (1st Dep't 1995)).
- Represented a chemical supplier in a case involving chemical exposure of tannery workers in upstate New York. Developed and executed a complex discovery program to support a statute of limitations defense that prevailed on summary judgment. Wagar v. BASF Corp. v. E.I. Du Pont de Nemours & Co., 1990 WL 124069 (N.D.N.Y. 1990).
- Represented a chemical supplier in a combined product liability/medical malpractice case involving the death of a New York Telephone employee. Conceived, wrote and argued a successful summary judgment motion that made new law in New York. Rivers v. E.I. du Pont de Nemours & Co., 147 Misc. 2d 366, 554 N.Y.S.2d 401 (Sup. Ct. N.Y. Co. 1990).
- Represented an insurer against a claim for accidental death benefits based on the decedent's alleged carbon monoxide poisoning from a faulty propane gas refrigerator at a hunting lodge. At a jury trial, won a defense verdict by demonstrating that an underlying medical condition was the principal cause of death, and the death therefore was not "accidental" within the meaning of the policy. Guisti v. Travelers Ins. Co. (N.D.N.Y. 1990).
- Represented a French research institute in a dispute with the United States Government over scientific credit and financial rights in connection with the identification of the virus that causes AIDS. See Institut Pasteur v. The United States, 814 D.2d 624 (Fed. Cir. 1987). The dispute ultimately was resolved by a diplomatic settlement between the French and U.S. Governments.
- Represented an American manufacturer whose factory in Iran was expropriated by the Iranian Government during the 1979 Iranian Revolution. The client made a claim for compensation before the Iran-America Claims Tribunal, which was established by the Algerian Accords in connection with the release of the American hostages by Iran in 1981. The claim was upheld by the Tribunal in 1983 and the client was awarded substantial damages.
- New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Northern District of New York
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Ninth Circuit
- New York University School of Law, J.D., 1982
- Princeton University, B.A., 1978
- Duane Morris LLP
- Partner, 2015-present
- Kornstein Veisz Wexler & Pollard LLP
- Partner, 1992-present
- Townley & Updike
- Associate, 1982-1992
Civic and Charitable Activities
- Congregation B'nai Yisrael, Armonk, New York
- Board Member, 2006-2013
- President, 2010-2013
- Vice-President, Finance, 2008-2010
- Tricycle Foundation, non-profit organization that publishes pre-eminent Buddhist magazine and website
- Board Member, 2007-2015
- Officer, 2009-2015
- Completed nine-month program in providing "contemplative care" to sick and dying patients in hospitals and hospices, with weekly field work at Lenox Hill Hospital, 2015
- Pleasantville Cottage School, Pleasantville, New York
- Mentor at residential school for emotionally troubled and disadvantaged boys and girls, 2005-2007
Selected Speaking Engagements
- Co-presenter, "Making the Perpetrators of Health Insurance Fraud Pay, Methods for Discovering, Preserving, and Seizing Assets From Insurance Fraud Perpetrators," Presentation to the Blue Plan Legal Department Cooperative National Teleconference Series, September 30, 2003
- "Effective Recovery Strategies," presentation to Insurance Security Association Annual Meeting, Lake Tahoe, California, June 2, 2003