Understanding When a Broker May Owe a Special Duty of Care

02.28.2018 3:30 am - 5:00 am


Online advance registration is closed. Expedite the onsite registration process by bringing this completed onsite registration form with you.

Did you know that under New York law, insurance brokers are required to obtain requested coverage or advise their clients that coverage is not available unless there is a “special relationship” between the broker and client?

Register today for our February Education breakfast where Janene Marasciullo will discuss the facts and circumstances that can create a special relationship; common practices that may create a special relationship claims; how to modify practices to avoid creating a special relationship; and what the special duty of care entails.

Meet Janene Marasciullo

Janene Marasciullo Headshot AK

Janene Marasciullo is chair of the Wilson Elser Moskowitz Edelman & Dicker LLP’s Securities Industry practice. She is a trial attorney with extensive first-chair experience litigating complex commercial, fraud, regulatory and employment disputes, with a particular emphasis on disputes arising within the financial industry. In addition, she represents corporations and individuals during regulatory investigations and grand jury investigations, conducts internal investigations and assists corporations in making voluntary disclosures to federal regulatory agencies. Janene has handled dozens of cases from inception through appeal and has tried cases in federal and state court and at FINRA Dispute Resolution. She has handled appeals in both federal and state courts as well.

Prior to entering private practice, Janene served as a trial attorney in the Civil Division and the Tax Division of the U.S. Department of Justice, where she represented the United States complex contract, customs, tax, regulatory and civil fraud matters, and won multiple performance awards, including the Civil Division’s Special Commendation Award. Janene also worked in the Enforcement Department and the Office of General Counsel at NASD, the predecessor to FINRA, where she investigated violations of the federal securities laws and helped formulate NASD policies and practices. While at NASD, Janene won the President’s Award for her work on the Mutual Funds Breakpoints Task Force.

In addition, Janene managed the international trade compliance program and the litigation portfolio at a major international conglomerate and worked at a Washington, DC litigation firm. She began her career as a law clerk to U.S. District Court Judge D. Brooks Smith.