Stu Panensky has a broad array of unique legal experiences and handles all phases of routine and complex litigation up through and including trial. Stu advises professional and commercial clients across multiple sectors as to risk mitigation and the defense of claims. Stu’s practice is concentrated in the following practice areas.
Cyber-Risk, Technology & Privacy
Stu was one of the earliest attorneys to provide cyber-risk legal services to the insurance industry. Stu has significant experience acting as breach counsel to policyholders in multiple sectors including professional services, retail, hospitality, financial institutions, and healthcare. Stu leads breach response investigations including working with policyholders’ in-house IT and third party forensics and provides legal advice on the scope of data exfiltration, obligations to notify impacted consumers and/or state and federal government regulators as well as contractual obligations to report to the Payment Card Industry (PCI). As breach counsel, Stu is networked with a panel of quality breach response vendors (IT, forensics, public relations, breach notification) and directs them in data breach response efforts including print and email notification, call-center management, credit monitoring and restoration services, and other incident response.
Stu also provides legal advice related to pre-breach cyber risk preparedness and mitigation including preparing incident response planning documents, hosting mock-breach “tabletop” presentations to clients, and reviewing risks related to technology vendor/provider agreements.
Stu represents a multitude of IT professionals and tech-sector enterprises and handles all aspects of technology errors and omissions claims.
Stu provides cyber-insurance coverage opinions and counsels insurers on all cyber-coverage issues including the prosecution or defense of declaratory judgment actions.
Representative Cyber Matters
- Counsel to numerous professional service firms on lost/stolen devices
- Counsel to numerous IT service providers in professional negligence claims
- Counsel to telecommunications provider in technology product defect claim
- Counsel to bank in email hack incident
- Counsel to recruiting agency for network security breach
- Counsel to hospitality chain for PCI breach
- Counsel to medical records cloud repository on network security breach and PHI loss
- Counsel to law firm on ransomware attack
- Coverage / monitoring counsel for excess insurers on cyber insurance towers
Design Professional Liability & Construction
Throughout his career, Stu represents design professionals (architects & engineers) as well as construction managers, contractors and subcontractors and owners/developers in third party claims of design malpractice and construction defect. Stu has acted as lead counsel to target defendants in large and complex construction-related litigation. Stu has experience defending a variety of causes of action against design professionals and contractors including negligence, breach of contract, consumer fraud, warranty claims and construction/building code violations.
Stu also handles construction site bodily injury claims. Additionally, he has extensive experience in handling risk-transfer issues, contractual indemnification, contribution and additional insurance matters. Finally, Stu has also represented construction product manufacturers in product liability/ defect litigation.
Representative A&E and Construction Matters
- Counsel to project architect in multi-million dollar recovery action brought by owner/developer of a public amusement park
- Counsel to project engineer in multi-million dollar recovery action brought by municipality
- Counsel to numerous construction trade subcontractors in complex construction defect litigation brought by New Jersey homeowner associations arising out of multiple-unit housing development construction projects
- Counsel to numerous architects of record, general contractors and construction managers seeking defense and indemnification from subcontractors
- Counsel to contractor-employer in workers’ compensation defense matters where there are contractual indemnification obligations
- Counsel to construction product manufacturer in product liability/ defect claim arising out of the construction of multiple-unit housing development
Stu Panensky frequently defends environmental professionals, contractors, oil & gas delivery providers and site remedial specialists from New Jersey Spill Act and CERCLA claims, compliance issues, natural resource damage claims, cost recovery/contribution actions and environmental insurance coverage litigation.
Representative Environmental Matters
- Counsel to numerous New Jersey Licensed Site Remediation Professionals in professional negligence claims brought by owners/developers
- Counsel to home heating oil delivery service in New Jersey Spill Act contribution claim
- Counsel to chemical manufacturer / distributer in CERCLA claim
- Counsel to New Jersey homeowner in recovery action by other Potentially Responsible Parties
Miscellaneous Professional Liability
Stu has diverse experience representing other miscellaneous professionals from malpractice claims including title agents, insurance producers, realtors, banking professionals, land surveyors, financial service providers and other professionals and specialists.
During his career, Stu has defended scores of general liability matters in all phases of civil litigation in multiple jurisdictions up through and including trial. Stu has significant experience in premises liability, trucking liability, homeowner association matters, subrogation, and other general tort and contract liability.
- Syracuse University College of Law, 2003, J.D.
- Ithaca College, 2000, B.S.
- New Jersey
- New York
- U.S. District, District of New Jersey