Representative Articles

Chancery Court Opinion in 'Centrella v. Avantor': A Continuation of Expanding Advancement Rights — LAW.COM, August 14, 2024

Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage — LAW 360, July 2, 2024

Key Developments and Trends in U.S. Commercial Litigation — BEST LAWYERS, June 17, 2024

Second Circuit's 'Pine' Decision Clarifies When Policyholders Must Report Notices of Alleged Misconduct to Insurers — NEW YORK LAW JOURNAL, May 24, 2024

evan w. bolla

PARTNER

Evan W. Bolla is a Partner of the Firm and the Firm’s General Counsel. He represents companies and individuals in insurance recovery matters, commercial litigation, and employment disputes. Additionally, Evan defends attorneys, executives, and other professionals against allegations of misconduct, and advises them on employment and ethics issues. Trusted for his legal and business judgment, Evan focuses on practical solutions to his clients’ problems.

Insurance, Advancement, and Indemnification

Evan heads the Firm’s insurance recovery practice, which identifies and obtains coverage, advancement, and indemnification for clients to defer or eliminate the costs of investigations and litigation. He leverages his previous experience representing insurance companies on behalf of clients to effectively seek all available benefits. Evan also provides counsel to companies regarding the scope of coverage.

Representative matters include:

• In the face of a declaratory judgment action brought by insurer to disclaim coverage, obtained coverage for former corporate directors for claims brought by litigation trustee and recovered coverage litigation costs.

• Won coverage for McGraw-Hill Education Inc. against an AIG subsidiary that had disclaimed. The N.Y. Appellate Division’s First Department awarded McGraw-Hill summary judgment, holding AIG must provide insurance coverage for over $20 million in claimed defense costs and losses. Co-counsel with Dykema LLC.

• Won arbitral award advancing legal fees for the CEO of an investment adviser charged by the SEC with violations of the Investment Advisers Act (Award).

• Secured coverage for the criminal defense of an attorney indicted on federal fraud charges after the carrier’s initial denial of coverage.

• Secured coverage for the civil defense of a brokerage firm for tortious interference after the carrier’s initial denial of coverage.

Professional and Executive Defense and Advice

Evan defends professionals and executives against claims of malpractice, breaches of fiduciary duties, and fraud. He has litigated over one hundred such matters, and regularly represents corporate officers and directors in civil litigation.

In addition to defending individuals against claims, Evan advises executives in negotiating the key terms of employment, stock, and severance agreements, and advises attorneys on transitioning firms and privilege and ethics matters. He also works with the Firm’s nationally-recognized employment litigation partners to advance the employment claims of his clients.

Representative Matters Include:

• Representing the former head of Dechert’s global white-collar defense group in RICO suits alleging participation in hacking.

• Advised counsel for a prominent politician on work-product privilege issues in connection with ordered grand jury testimony.

• Obtained pre-suit no-cost release of claims against former directors of a bankrupt company through year-long mediation and negotiation.

• Obtained release of non-compete and non-solicit covenants on behalf of a senior manager for a litigation funding firm.

• Negotiated increase of a former founding partner’s compensation from ~$3 million to ~$11 million in connection with a merger transaction.

• Negotiated settlement of fraudulent transfer claims brought by Securities Investor Protection Corporation for less than 15% of the stated value of claims.

• Successfully moved to dismiss claims and appealed denied motions to dismiss resulting in the dismissal of claims (Decision).

Commercial Litigation

Evan additionally represents companies and individuals in commercial disputes. He has significant experience litigating complicated contractual provisions and addressing founder disputes. Because of his experience and familiarity with New York civil practice, Evan is often retained as local counsel in high-stakes matters in New York State courts.

Representative matters include:

• Representing private credit fund in a dispute concerning sought placement agent fees.

• Obtained summary judgment in the Southern District of New York awarding a client judgment on unpaid break-up fee (Opinion).

• On behalf of Honeywell, successfully defeated efforts by a former Director to void non-compete and non-solicit provisions in his employment agreement.

• Awarded summary judgment in a suit concerning a $1.2 million promissory note.