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Carla Varriale of HRRV and Robert J. Romano of the Romano Sports and Entertainment Agency Co-Present The Legal Forum at IAAM’s Annual Crowd ManagementConference

New York, New York (November 2, 2009) — Carla Varriale of Havkins Rosenfeld Ritzert & Varriale, LLP (“HRRV”) in New York and Robert J. Romano of the Romano Sports and Entertainment Agency in New Have, CT will co-present the popular Legal Forum at the annual International Association of Assembly Managers’ (“IAAM”) International Crowd Management Conference (“ICMC”). ICMC was launched in 1982 in response to the 1979 tragedy in Cincinnati, Ohio, at a concert for The Who, when 11 fans were crushed to death and scores were injured because of poor crowd management. IAAM has been committed ever since to helping venue managers adopt effective crowd management strategies while ensuring premier guest services through the annual ICMC. This year, its ICMS is November 8-11 2009 at The Omni Charlotte Hotel in Charlotte, North Carolina.

Varriale, who frequently writes and lectures on sports and entertainment law issues, and Romano, who teaches, writes and co-publishes Legal Issues in High School Athletics, have co-lectured on legality of and best practices associated with pat-down searches, alcohol policies and other legal issues of interest to venue professionals. Both are affiliated with Columbia University’s School of Continuing Education’s Sports Management Program where Varriale teaches “Sports Law and Ethics” and Romano will graduate in 2010 with a Masters in Sports Management. 

Sean Dwyer of HRRV Selected to Moderate Judicial Forum

New York, New York (September 7, 2009) — For Sean Dwyer, a partner in the law firm of Havkins Rosenfeld Ritzert & Varriale, LLP, has been selected to moderate a Civil Court Judicial Forum on Advanced Discovery and Trial Practice.

The Forum, which will feature a panel of eight state court justices, will be held Nov. 19th at the Melville Marriott on Long Island, It will begin at 9 a.m. and end at 4:30 p.m.

Dwyer, a frequent speaker for the National Business Institute, which is staging the event, noted how gratifying it was to be recognized as an expert on important legal issues.

“As an attorney, you try to represent your clients to the best of your ability,” said Dwyer. “To be recognized in the course of satisfying that objective, and be selected to facilitate a panel of justices is an extraordinary compliment.”

To sign up, call 1-800-930-6182, or visit www.nbi-sems.com

Carla Varriale of HRRV Will Moderate Panel that Looks at Legal Developments in the Ticketing Business at Billboard Conference

New York, New York (August 7, 2009) – For the third consecutive year, Carla Varriale of Havkins Rosenfeld Ritzert & Varriale, LLP will moderate the popular panel at the annual Billboard Touring Conference & Awards November 4, 2009 at The Roosevelt Hotel in New York City.

Entitled “Let ‘Em In,” the panel will discuss the most current issues in the ticketing industry, the “key to the kingdom before, during, and after an event”, changes in ticketing technology, and the dynamic role of the secondary market.

Varriale, who frequently writes and lectures on sports and entertainment law issues, said she looked forward to moderate the sometimes contentious panel, which will includes: Nathan Hubbard, President, Live Nation Ticketing; Michael Marion, General Manager, Verizon Arena; Chuck LaVallee, Vice President artist relations, StubHub; Don Vacarro, CEO, TicketNetwork; David Butler, President of Ticketmaster, North America; and Jeff Kline, President, Veritix.

“I’ll have a front row seat to some of the best and the brightest in the ticketing business,” said Varriale. “The panel will take questions from and interact with the audience, as well as me. This conference is unparalleled in terms of information and access.”

Ray Waddell, the Executive Director of Content and Programming of the Touring and Live Entertainment Billboard Information Group, said Varriale is rapidly becoming the “go-to attorney” for ticketing issues.  “We’re lucky to have her, again,” he said.

Carla Varriale Named to University of New Haven Green Sports Facility Society Advisory Board

New York City, N.Y. (July 17, 2009) – With her depth of knowledge in sports litigation, Carla Varriale of Havkins Rosenfeld, Ritzert & Varriale was a perfect choice to be named as the newest member to UNH’s Green Sports Facility Society (GSFS).

Varriale has represented several professional baseball teams (major and minor) over the past ten years. Given the opportunity to apply her sports litigation experience to the GSFS, Varriale was excited to be involved on an important issue for the planet.

"Effective sports management involves making sound business decisions on behalf of the team and the facility and being a dynamic part of the community where the team and the facility are located,” said Varriale. “Sports facilities are in a unique position to show leadership on ‘green’ issues. Prudence dictates that teams and facilities make informed choices, especially given the high cost of energy and waste. UNH's Green Sports Facility is taking an important first step: assembling and sharing information. Educated managers make informed decisions.”

GSFS’ mission is to educate professional sports facility managers on environmentally-friendly practices and procedures.

“With Varriale’s passion and dedication to ‘going green’ in sports, we hope to see some wonderful changes in the communities and venues where the teams and facilities are located,” said Gil Fried, Professor and Chair of the Sport/Hospitality and Tourism Management Department within the College of Business at the University of New Haven. Fried also serves as the President of the GSFS.

Other Board Members include: Chris DeVolder, of 360 Architects; Bill Squires, President of Right Stuff Consulting; Eliezer Strassfeld, LEED-Certified Associate at Shipman & Goodwin Lawyers; John Simone, Athletic Director at Mercer County Community College; Nancy Friedman, AP-accredited principal architect at Sasaki Architects; Dan Rubino, Director of Projects for Global Spectrum; Aaron Haviland, Director of Operations at Dolphin Stadium; Tom Beebe, Associate VP for Capital Projects at the University of New Haven; Jack Freeman, Director of Stadium Operations at Rentschler Field at UConn; and Jon Niemuth, Principal with Ellerbe Becket.

Carla Varriale to Serve as Panelist at International Association of Assembly Manager’s Conference

New York City, N.Y. (July 15, 2009)–Carla Varriale of Havkins Rosenfeld, Ritzert & Varriale, LLP  has been invited to speak on a legal panel at the International Association of Assembly Manager's (“IAAM”) national conference in Boston on July 25.

The panel, moderated by the IAAM’s Legal Counsel, Turner D. Madden, Esq. will address recent legal cases and developments of interest to the sports and entertainment industries. Among the developments discussed will be the California Supreme Court’s recent decision regarding the constitutionality of the San Francisco 49er’s pat-down searches of spectators, the changing nature of the ticketing and the secondary market,  the proposed Ticketmaster merger.

Varriale and Madden will be joined on the panel by David Weinberg, Associate Counsel for Legal Affairs at the National Football League and William “Billy” Traurig, the Director of Finance and Legal Affairs RBC Center / Carolina Hurricanes.

Varriale said she was looking forward to interacting with IAAM members.

“This is a great opportunity to discuss the latest legal developments and practical solutions to cutting edge facing venue owners and managers, who are on the front lines,” said Varriale.

HRRV Partner Carla Varriale Quoted in Article Regarding Michigan Law Circumscribing Spectator Injuries

New York, New York (May 29, 2009) – Carla Varriale, a partner with Havkins Rosenfeld Ritzert & Varriale, LLP, was recently interviewed by the Detroit News about how a Michigan law limits the liability of teams to spectators, which are hit by errant baseballs.

Varriale, a litigator who defends teams and players in a variety of spectator injury cases, is also on the faculty of Columbia University’s School of Continuing Education’s Sports Management Program where she teaches “Sports Law and Ethics.” Varriale emphasized that Michigan, like New York, follows the “qualified” or limited duty of care. Briefly, this is a specialized duty of care that requires that an owner or operator of a baseball stadium to provide screening for the area of the field behind home plate where the danger of being struck by a baseball is the greatest. The limited duty of care recognizes that an owner or operator is not an insurer of the safety of the denizens of a ball park, because even by providing such screening some risk of being struck by a ball will continue to exist.  Varriale opined that Michigan “has well-tested laws that protect teams from liability due to acts stemming from the field of play.” Arguments to the contrary lack validity, according to Varriale, particularly with regard to the myriad of distractions at a ball park including mascots, entertainment and the launching of t-shirts and similar souvenirs into the stands. In the Detroit News, Varriale rejected the so-called “distraction theory.” "It's pretty incredible to me when people say they didn't know or understand," she told the paper. "The law has upheld that ballpark owners and teams are not insurers of spectators' safety. If you're concerned about the chance of contact, do what I do if I see a game — watch from home on your couch." Varriale also told the author in a sidebar article that most teams are doing enough to protect spectators by providing redundant warnings, signs and announcements.

"A baseball stadium is like nowhere else: It's not like going to the mall, gas station or any other type of commercial establishment," she told the paper. "There's razzle-dazzle, there's action, baseballs are flying, maybe a bat could be flying, mascots are dancing, people are cheering, music is playing, T-shirts are being launched into the stands.

"You can't insulate people from everything. The openness is part of the excitement and the character of the game. People assume the risk when they come to the game."

To read the articles in which Varriale is quoted, visit:
http://tinyurl.com/p29zyd and http://tinyurl.com/obms69

HRRV Partners Used as Experts in Story About what Hospital Administrators Should Consider when Addressing Mold Concerns and Remediation Measures

New York, New York (May 1, 2009) – Tara Fappiano and Gail Ritzert, partners with the law firm of Havkins Rosenfeld Ritzert & Varriale, LLP, were recently called upon by the editor of Healthcare Risk Management to comment on what hospital administrators should consider when addressing mold concerns and remediation measures.

Fappiano and Ritzert both suggested to the journalist, who was writing a story about a hospital that was accused of releasing toxic mold that led to the deaths of three young cancer patients, that risk managers must be aware of all guidelines pertaining to mold abatement and control.

“By familiarizing themselves with the applicable guidelines, Ritzert says, risk managers put themselves in a position to take the steps necessary to prevent or minimize the exposure,” wrote Freeman.

“They also are in a position to incorporate specific insurance recommendations in vendor and subcontract agreements. For building owners, leases must be changed to reflect need for coverage. Risk managers also should familiarize themselves with the condition under which mold grows and how it spreads to have an idea on what risks lurk behind the walls and ceilings, she adds.”

Freeman then went on to source Fappiano for the statement that “the first and most natural response when one is faced with the presence of mold is to try to rid the property of the condition immediately. While that is the right idea, she says risk managers should realize there are other important steps that need immediate attention.”

He then quoted Fappiano directly in the following passage:

“Notice should be given to an insurance carrier as quickly as possible to avoid any argument of late notice. The carrier should also be given the opportunity to inspect and test the condition before any remediation is done. From a health perspective, and because often times mold conditions have not reached a toxic level, this will ensure that appropriate actions are taken to address the problem,. If the carrier disclaims coverage or opts not to test, such testing should still be done. Then, if necessary, it is important to enlist the services of a qualified abatement contractor to remediate the condition.”

HRRV Attorneys Set To Speak to High School Students About Becoming a Lawyer

White Plains, New York (December 10, 2008) — Tara Fappiano and Carmen Nicolaou, attorneys with the law firm of Havkins Rosenfeld Ritzert & Varriale, LLP, will lead a roundtable discussion on the topic of “Are You Ready to be a Lawyer?” at a high school in Yonkers, New York on the morning of January 16.

Specifically, Fappiano and Nicolaou will speak to students at The Law and Public Service Academy of Gorton High School, presenting them with a fact pattern, which is similar to how law is taught in law school and how lawyers assess cases before them.

“We will analyze the important facts, then review the potential causes of action from a plaintiff's prospective and the possible defenses to the causes of action from the defendant's perspective,” said Fappiano.

Fappiano said the firm, which opened an office a year ago in nearby White Plains, is honored to present their vision of what it means to be an attorney.

“There are so many negative perceptions about lawyers,” said Fappiano. “For attorneys at HRRV, however, the profession is a true labor of love. We hope that comes across in our presentation.”

Interns Enlightened by Experience at Havkins Rosenfeld Ritzert & Varriale

White Plains, New York (November 18, 2008) —Channel Fitch and Sheila Morales, students of the Gorton High School Law Magnet, participated in the six week internship, which was made available through a program set up and coordinated by the Westchester Women’s Bar Association.

As part of their internship, they did office work, including filing, docketing and pulling exhibits. They also accompanied Tara Fappiano and Carmen Nicolaou, resident attorneys in the White Plains office, on court appearances and depositions.

When asked what they thought of their experience, both said it was “eye opening” and that they “felt like grown ups.” Most fascinating was the realization that the legal field does not have the drama that is often associated with being an attorney. Despite that lack of drama, Channel, who had no intention of entering the legal field when she began working at Havkins Rosenfeld Ritzert & Varriale, LLP, has since changed her mind. In addition, Sheila has also decided to pursue a career in law.

Both Channel and Sheila have set examples for all students at Gorton High School of what they can accomplish if they keep up their grades, a necessary requirement to be part of the Law Magnet. Since the internship, both Channel and Sheila have accepted part-time employment at Havkins Rosenfeld Ritzert & Varriale, LLP.

“They are both hard workers and doing a wonderful job,” said attorney Fappiano.“This firm is very proud of their accomplishments.”

HRRV Sponsors Mock Trial

Vernon, New Jersey, (October 25, 2008) — Havkins Rosenfeld Ritzert & Varriale, LPP, sponsored and presented a mock trial as part of the 2008 State Day sponsored by the New Jersey chapter of the National Association of Insurance Women. The event was attended by over 100 insurance professionals, several of whom took an active part in the presentation as members of two separate juries. The empanelling of two juries was designed to show the potential for variance of opinion based on the same facts.

HRRV Legal Expert Publishes Article about Legal Controversy involving the Use of Metal Bats in Sports Litigation Alert

New York, New York (June 23, 2008) — Havkins Rosenfeld Ritzert & Varriale, LPP, announced today that Associate Jarett L. Warner’s article, “Family Sues Little League, Retailer and Metal Bat Manufacturer Over Personal Injuries Suffered by Child,” has been published in Sports Litigation Alert (SLA), the sports law industry’s only bi-weekly newsletter reporting on current legal opinions and news developments.

Warner is a sports law attorney and expert in litigation initiated by spectators against sporting venues, teams and, in this case, manufacturers, according to Holt Hackney, the editor and publisher of SLA.

“I am proud to include Jarett L. Warner’s article in this issue of the SLA,” said Hackney. “He is particularly knowledgeable about sports litigation issues and trends, not only in the state of New York, but throughout the United States. His donated expertise is extremely beneficial to every sports professional seeking insight into the industry’s legal opinions and news developments.

“Warner’s Metal Baseball Bat Lawsuit article is a hot topic at the moment as baseball teams around the nation may face bat regulations imposed by the state in the future.”

Warner’s article discusses a lawsuit commenced against a Little League affiliate, a sporting goods retailer and the bat’s manufacturer by the family of a 14-year old boy who is permanently and severely injured after he was struck in the chest by a ball hit from a metal bat. Warner also analyzes past litigation that may contribute to the lawsuit and the ramifications this lawsuit will have on future baseball regulations.

You can view the article by visiting here.

About Hackney Publications: Hackney Publications delivers valuable and important information about the legal side of the sports industry. Its overriding mission, through its publications, is to maintain a narrow editorial focus on issues that matter to its subscribers.

The company was founded by journalist Holt Hackney, who has spent more than 20 years writing about sports, business and the law.

About SLA: Sports Litigation Alert (SLA) is a narrowly focused newsletter that monitors case law and legal developments in the sports law industry. Every two weeks, SLA provides summaries of court opinions, analysis of legal issues, and relevant articles. The newsletter is published 24 times a year.

Havkins Publishes Article on Consequential Claims

New York Court of Appeals Allows Consequential Claims to Proceed, by Abbie Havkins, has appeared in the April 18, 2008 issue of the Insurance Coverage Litigation Reporter. Abbie, an accomplished litigator, focuses his practice on litigating insurance coverage disputes and counseling insurance companies, insurance agents, brokers and third-party administrators on issues involving a wide variety of insurance policies, including errors and omissions, directors and officers, commercial general liability, environmental, professional liability and fidelity policies. Abbie advises insurance companies, claims administrators and brokers on issues involving excess insurance, extra-contractual liability, policy language, conflict of laws, notice requirements, co-insurance, rescission, misrepresentation and the interplay of other insurance clauses.

Matthew Kraus, an associate at the firm, was a co-author on the article.

Sean Dwyer of Havkins Rosenfeld Ritzert & Varriale is One of the First Attorneys in New York to Receive the LEED AP Accreditation in Green Building

New York, New York (April 16, 2008) — Sean Dwyer, a partner at Havkins Rosenfeld Ritzert & Varriale, LPP, whose practice focuses on litigation, construction law, and insurance coverage matters, has received the Leadership in Energy and Environmental Design® Accredited Professional (LEED AP) designation by the United States Green Building Council. Of more than 950,000 practicing attorneys in the United States, there are currently less than 50 registered lawyers nationwide who have received this certification and Dwyer is one of just five accredited lawyers in New York State and the first registered attorney to earn LEED AP Accreditation in the Long Island Area.

The LEED® AP Accreditation in Green Building is a prominent necessity for staying atop of the nation’s growing market for environmentally sound and sustainable construction projects. Having an LEED® Accredited Professional involved with your Green Building project is extremely beneficial because that professional represents the LEED rating system and helps guide your project to be within the LEED specifications from start to finish.

“Being one of a handful of attorneys in New York to have the LEED AP accreditation, I look forward to expanding the firm’s Green Building practice,” said Dwyer. “Clients, such as contractors, architects and their insurers, are increasingly expecting their counsel to understand green building strategies to assist them through the LEED certification process from startup to final verification, as well as navigating projects through the complicated process of complying with local green building regulations and insurance requirements. I can think of no better way toward achieving that objective than by becoming a LEED® Accredited Professional.”

Dwyer has been a frequent author and speaking on the topic of Green Building.

Varriale Publishes Ticketing Industry Article

That’s The Ticket…What’s Next For The Ticketing Industry After Ticketmaster v. RMG Techs., Inc., by Carla Varriale, has appeared in the April 2008 issue of the ABA’s Entertainment and Sports Lawyer. Carla, who is well known in sports law circles for her work defending professional and recreational sports teams and venues, was the moderator of a panel discussion on this topic at the November 2007 Billboard Touring Conference and Awards in New York, New York. The panel featured representatives from Ticketmaster, StubHub and Tickets.com.

Havkins Rosenfeld Ritzert & Varriale Expands, Opening a New Office in White Plains

New York, New York (February 21, 2008) – Havkins Rosenfeld Ritzert & Varriale LLP, a law firm that vigorously works with its clients to develop innovative and effective strategies to help them achieve their objectives, announced today that it is opening a new office in White Plains, N.Y. (Westchester County)

Serving as Resident Partner for office is Tara Fappiano, who has already established a presence in the area as the co-chairperson of the Environmental Law and Lawyer Referral Services Committees of the Westchester County Bar Association as well as being very active in the Westchester Women's Bar Association. 

“We’re excited about making a full commitment to Westchester County,” said Fappiano. “There is tremendous growth in this region and with that growth comes the need for legal services.”

HRRV Managing Partner Steve Rosenfeld added that the decision to more fully expand to Westchester County was made easier by the fact that Fappiano has established herself by her experience in a variety of environmental law issues.

“Tara has made great strides in the practice area as well as other areas of law,” said Rosenfeld. “This is a natural step for the firm, given her progress and the fact that she lives in Westchester County.

“With this new office, HRRV can further service our clients in the various courts in Westchester, Putnam, Orange, Dutchess and Rockland counties, as well as the United States District Court for the Northern District of New York, while reducing travel and other costs associated with the defense of matters that are assigned to us.”

HRRV Provides Life Experience
to PowerPlayNYC Intern

August 13, 2007, Havkins, Rosenfeld, Ritzert & Varriale made a 14 year-old girl’s dream come true this week when she shadowed an attorney during in a one-week internship through PowerPlayNYC’s STARS program.

HRRV attorney Carmen Nicolaou took time out of her busy schedule to mentor Devona Adjei Baffour, who will be attending the Masters School in Dobbs Ferry, New York this fall on a full scholarship.

“I am very proud of Carmen's leadership and enthusiasm,” said HRRV partner Carla Varriale. “She truly seized the reins on this project. This is exactly the sort of spirit that we hoped to foster when HRRV was founded.”

During her week at HRRV, Devona participated in various activities to help her get a sense of what it is like to be an attorney.

“Ever since I was seven, I’ve wanted to be a lawyer,” said Devona. “When I found out I got the internship for HRRV my eyes lit up. I was so happy. I wanted to see what kind of life I could live in the future if I were to become a lawyer. HRRV showed me exactly how my life might be.

“When I came in everyone gave me such a warm welcome. As part of the internship, I shadowed Nicolaou. She took me to the Bronx Court House and the Supreme Court House on Centre Street. I watched as she had conferences and filed motions. I even got to see a criminal trial.”

In addition to observing the law in action, Devona also did hands-on work for HRRV such as writing summaries for articles, filing, copying and labeling.

PowerPlay NYC created STARS (Sports Training and Role models for Success), an after-school career education program, to provide an opportunity for New York City high school girls to receive training in important career and life skills and benefit from supportive relationships with positive female role models.

HRRV lawyers preside at New York State High School Mock Trial Tournament

On March 8, 2007, Tara C. Fappiano and Carmen A. Nicolaou "presided" as judges in the New York State High School Mock Trial Tournament, hosted by the Law, Youth and Citizenship Committee of the New York State Bar Association, and conducted at the Supreme Court, Westchester County.

The program is presently in its 24th year, the purpose of which is to teach high school students basic trial practice skills and to teach professionalism. The students learn how to think on their feet while conducting direct and cross examinations, to present opening and closing statements, and how to analyze legal issues, as well as how to be zealous but courteous advocates for their "clients."

HRRV was proud to participate in the program this year and congratulates all of the students for their extraordinary hard work, dedication, and professionalism during the course of the competition. We wish the winners luck as they proceed to the State Finals, to be held in Albany in May.