Nationwide Recovery and Interpleader Programs
A. Recapture Services for the New York State Housing Trust Fund Corporation
Since December 2016, the Firm has acted as outside counsel assisting the State of New York’s Housing Trust Fund Corporation (“HTFC”) through the Office of Resilient Homes and Communities (“RHC”), formerly the Governor’s Office of Storm Recovery. The goal of the program is to recapture HUD funding incorrectly paid out by RHC to ineligible applicants pursuant to grant agreements that set forth the requirements for use of the HUD funds. Ineligible applicants include New York small businesses and single-family homeowners who experienced damage from Hurricane Irene, Tropical Storm Lee, and Hurricane Sandy.
The Firm has handled over 600 cases for RHC; it has successfully resolved nearly 450 cases and won several summary judgment motions.
Originally, the Firm partnered with Venable LLP as a diverse subcontractor to provide specific legal services pursuant to an existing contract between Venable and RHC. Under this sub-contract, the Firm was engaged to work with RHC to develop a litigation program and processes that would enable RHC to use the judicial system to seek repayment from a substantial number of overpaid individuals and small businesses, and to provide guidance to in-house counsel.
The engagement became significant and successful enough to warrant a Request for Proposal for continued work on the recapture litigation. The Firm responded to this RFP and was awarded a direct contract with RHC in 2018, which has been extended via amendment three times. The Firm recently was awarded a contract to provide legal services to the New York State Housing Finance Agency, State of New York Mortgage Agency, State of New York Municipal Bond Bank Agency, Tobacco Settlement Financing, Housing Trust Fund Corporation and New York State Affordable Housing Corporation.
B. National Counsel for the Office of Federal Employee Life Insurance Administration (“FEGLI”) Overpayment Recovery Program
The Firm has acted as National Counsel for FEGLI’s Overpayment Recovery Program for over 18 years. As coordinating counsel, the Firm is responsible for supervising and handling the nationwide recovery of institutional overpayment matters for FEGLI and the administrator of the FEGLI Program, MetLife.
Over the past 18 years, the Firm has handled between 50 to 100 matters per year, negotiating settlements and engaging in litigations to obtain judgments against those persons receiving overpaid or mistakenly paid benefits.
The Firm litigates and handles all matters venued in New York, New Jersey, Texas and Pennsylvania, and engages minority and women-owned law firms to act as local counsel in those jurisdictions where the Firm does not have an office.
C. National Counsel for Several Life Insurers’ Interpleader Programs
The Firm represents several life insurers nationwide with respect to interpleaders of death benefits using a local counsel network of minority and women-owned law firms. The interpleaders can and do become complex, leading to trials and appeals when there are allegations that the company contributed to the interpleader or allegations of failure to follow corporate guidelines.