Matthew S. Marrone

Matthew S. Marrone is a leader of the professional-liability practices focused on lawyers and insurance agents and brokers. He has represented clients in many forms of complex litigation, some with exposures in excess of $10 million. He has tried many cases to verdict and argued before various courts of appeal, including the Third Circuit U.S. Court of Appeals. Matt primarily defends lawyers, insurance agents, and other professionals against claims alleging malpractice or other wrongful acts and often represents these same professionals in ethics investigations and disciplinary proceedings. His experience includes matters involving non-profit directors’ and officers’ liability, governmental liability, civil rights and employment issues, product liability, trademark/copyright infringement, the Fair Debt Collection Practices Act, and death/catastrophic injury litigation. He frequently counsels and represents insurers in coverage disputes.

Matt encourages his clients to view him as a trusted resource for their businesses, practices, or legal decision-making. By zealously advocating for his clients, providing them with relevant education, and recognizing the overall importance of cost efficiency in legal representation, Matt strives to ensure his clients receive excellent value from the services he provides.

Community Involvement

•Baseball coach for boys 7 to 9 years old, Fairmount Sports Association

Experience Highlights

Management and Professional Liability

In 2018, Matt scored significant victories in three legal malpractice cases in New Jersey, a notoriously difficult place to defend attorneys in legal malpractice cases-victories that helped even the playing field for defendants:

•In the Superior Court of Morris County, Matt secured a jury verdict in the case of Equity Now v. Hosbach-one that was notable because his client, before the trial, was found negligent as a matter of law.
•In a case that received national and regional coverage from Law360 and the New Jersey Law Journal, Matt convinced an appeals court to affirm the entry of summary judgment he previously secured for his client in the Superior Court of Atlantic County in the case of Sheppard v. Perskie. In that case, the plaintiff argued that Matt’s client should be liable under a novel theory of “negligent attorney referral,” which had not previously been recognized in New Jersey.
•In a ruling expected to help define what constitutes a viable legal-malpractice claim in New Jersey, a state Superior Court judge granted a motion for summary judgement by defense team of Matt and fellow Goldberg Segalla partner Seth L. Laver. The judge’s ruling led to the dismissal of a claim against a lawyer being sued for negligence by a woman he once represented in a contentious divorce. The decision saved our client as much as $500,000-the amount of the plaintiff’s demand based on her trucker ex-husband’s income, which fluctuated between $25,000 and $85,000 annually. It also saved our client the uncertainty and stress of a trial, which was fast approaching as Seth and Matt sought to have the case dismissed based on evidence already presented.

Honors & Awards

Pennsylvania Super Lawyers, Professional Liability: Defense, 2015-19; Pennsylvania Super Lawyers, Rising Stars, 2013

View peer-review methodologies at superlawyers.com. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Publications & Events

Publications

•Author , Where Does Client Dissatisfaction Become an E&O Claim? Property Casualty 360 , November 12, 2015
•Author, “ Avoiding E&O: When an Insurer Goes Broke, Can Policyholders Blame the Broker? ” Property Casualty 360, March 4, 2015
•Quoted in “ Foley Atty in High Court Row May Have Broken Ethics Rules ,” Law360, February 23, 2015
•Author, “Caught in a Bind,” National Underwriter Property & Casualty, August 2014
•Co-Author, “Reduce E&O With EPL,” National Underwriter Property & Casualty, June 2014
•Author, “The Importance of How You Promote Your Agency: Social Media,” chapter in Insurance Agency Risk Management: A Comprehensive Guide to Avoiding E&O Claims, Book Two, Agents of America / Thomson Reuters, May 2014
•Author, “Consumer Protection Laws: Liability and Coverage Implications for Licensed Professionals and Their Insurers,” IADC Professional Liability Newsletter, February 2014
•Co-Author, “Moving Target: State Law Variances Require Agents to Be Diligent With Referral Fees,” American Agent & Broker, August 2013
•Presenter, “Professional Liability Claims Involving Criminal Charges,” E&O Insurance ExecuSummit, Mohegan Sun Resort, Connecticut, June 18-19
•Author, “Little FTC Acts: Case Study Analysis of State Consumer Protection Laws,” American Agent & Broker, May 2013
•Co-Author, “Fortify Loss Control: N.Y. Ruling Makes It Easier for Insureds to Sue Agents,” American Agent & Broker, February 2013
•Co-Author, “Insurer Insolvency,” chapter in Insurance Agency Risk Management: A Comprehensive Guide to Avoiding E&O Claims, Book One , Agents of America / Thomson Reuters, 2012
•Author, Pennsylvania Chapter for DRI’s Professional Liability Insurance: A Compendium of State Law , 2012
•Co-Author, “ Social Missteps: Web 2.0 raises risks for defamation, libel, copyright and security breaches ,” American Agent & Broker (Avoiding Errors and Omissions Column), November 2012
•Author, “Personal Umbrella Undersold?” American Agent & Broker, (Avoiding Errors and Omissions Column), August 2012
•Author, “ Clear Compensation: A Lesson in Transparency From NY’s Disclosure of Broker Compensation Rule ,” American Agent & Broker (Avoiding Errors and Omissions Column), May 2012
•Co-Author, “ Record Retention: When Litigation is Pending or Foreseeable, Create a Litigation Hold Memorandum ,” American Agent & Broker (Avoiding Errors and Omissions Column), February 2012
•Author, “Required Reading: Jurisdictions Disagree on Whether Insureds Have to Read Their Policies,” American Agent & Broker (Avoiding Errors and Omissions Column), November 2011
•Author, “Define Your ‘Client,’ and Beware the ‘Nonclient,’” New Jersey Law Journal, October 17, 2011
•Author, “The Erosion of Privity and Expansion of Lawyers’ Duties,” ProAssurance Lawyers’ Professional Liability Update, Fall 2011
•Author, “Reasonable Care or Fiduciary?”American Agent & Broker, (Avoiding Errors and Omissions Column), August 2011
•Author, “Rescission Blues,” American Agent & Broker (Avoiding Errors and Omissions Column), May 2011
•Author, “Claim Responsibility,” American Agent & Broker (Avoiding Errors & Omissions Column), February 2011
•Author, “Avoid the Problem Client,” American Agent & Broker (Avoiding Errors & Omissions Column), November 2010
•Author, “Meet and Document Customer’s Reasonable Expectations,” American Agent & Broker (Avoiding Errors & Omissions Column), August 2010
•Author, “Are You Paying Your Employees What You Owe Them?” American Agent & Broker (Avoiding Errors & Omissions Column), May 2010
•Author, “Steps to Take if You Are Sued,” American Agent & Broker (Avoiding Errors & Omissions Column), February 2010
•Author, “When Client Dissatisfaction Moves to E&O Claims,” American Agent & Broker (Avoiding Errors & Omissions Column), October 2009
•Author, “Defending Fair Debt Collection Practices Actions,” DRI’s For the Defense, May 2009
•Author, “What’s in a Name? The Clear Distinction Between Agent and Broker No Longer Applies,” American Agent & Broker (Avoiding Errors & Omissions Column), November 2008
•Author, “Consumer Protection Laws and Licensed Professionals: Opposing Liability Viewpoints and Murky Coverage Implications,” PLUS Journal, June 2008

Presentations

•“Fanning the Flames: Have Conflicts of Interest Driven Up Claim Severity?” (Moderator), American Bar Association National Legal Malpractice Conference, Miami, FL, April 3-5, 2019
•Presenter, “Relationship Counseling: How Different Levels of the Insurance Chain Impact E&O Claims,” 10th Annual Errors & Omissions Insurance ExecuSummit, Uncasville, CT, June 7, 2016
•Panelist, “Professional Liability Roundtable,” IADC, New York, NY, May 28, 2015
•Presenter, “Ethical Boundaries of Discovery in Social Media” and “Proper Social Media Conduct/Social Media Policies,” NBI Seminar: Ethics and Social Media - What Attorneys Need to Know, Cherry Hill, NJ, December 19, 2013
•Presenter, “Legal Ethics for Everyday Practice,” NBI Seminar, December 2012
•Panelist, “Malpractice Prevention and Ethical Compliance,” Minnesota Lawyers Mutual CLE Seminar, November 27, 2012
•Panelist, “Real Estate Closing Attorney Malpractice Claims,” Legal Malpractice Update Seminar, New Jersey Institute for Continuing Legal Education, March 31, 2012
•Presenter, “Professional Negligence - Or Is It More Than Just That?” DRI Professional Liability Seminar, December 15-16, 2011
•Presenter, “How to Avoid Being the Target of a Legal Malpractice Claim,” Legal Ethics: Solutions to the Most Common Challenges, National Business Institute Seminar, December 14, 2011
•Presenter and Program Chair, “Coverage Issues Involving Claims-Made Policies,” Professional Liability Track, DRI Insurance Coverage and Claims Institute, April 14-16, 2010
•Presenter, “Application of Consumer Protection Statutes to Licensed Professionals: A Jumble of Judge-Made Law,” CLE seminar presented at DRI’s Annual Meeting, October 24, 2008

Recent Insights

Ethical Issues Surrounding Arbitration Provisions in Attorney Retainer Agreements

August 22, 2019

Seventeen Goldberg Segalla Attorneys Featured in 2019 Pennsylvania Super Lawyers

May 9, 2019

In Ruling Clarifying NJ Legal-Malpractice Law, Judge Dismisses Suit against Divorce Attorney

January 4, 2019

Legal Malpractice Claim Stemming From Complex Contract Negotiation Tossed Out on Appeal

September 11, 2018

Two Recent Victories Significant for Defendants in New Jersey Legal Mal Cases

July 17, 2018

Fifteen Goldberg Segalla Attorneys Featured in 2018 Pennsylvania Super Lawyers

May 18, 2018