Edward K. Lenci

Partner

New York, NY

"Age quod agis"—Focus on the task at hand.

–St. Ignatius of Loyola

212-471-6212

Email ZWxlbmNpQGhpbnNoYXdsYXcuY29t

Edward K. Lenci

Partner

New York, NY

"Age quod agis"—Focus on the task at hand.

–St. Ignatius of Loyola

212-471-6212

Email ZWxlbmNpQGhpbnNoYXdsYXcuY29t

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About Ed

Ed is well into his fourth decade as a New York City litigator, successfully representing businesses in commercial litigations and arbitrations, including reinsurance disputes, and in consumer financial services disputes, particularly over student loans, securities, and mortgage loans. He also defends businesses against consumer class action lawsuits. He is the long-time chair of the Reinsurance Section of Hinshaw’s global Insurance Services Practice Group.

Ed has over thirty-five years of experience in arbitration, serving as counsel in domestic and international arbitrations and as an arbitrator. Since his victory in the US Supreme Court involving a class action waiver, he has prepared agreements to arbitrate for inclusion in consumer contracts that incorporate custom-tailored class action waivers and provisions to reduce the impact of mass arbitrations. Ed co-authored the ARIAS-U.S. International Arbitration Form, designed for use in international reinsurance contracts.

Ed leads Hinshaw’s reinsurance practice. One of his notable achievements over the decades was a rare "hat trick" in securing the rescission of reinsurance contracts—once from a jury, once from a judge, and once from arbitrators. Additionally, he won the equally rare remedy of vacatur of an arbitral award by proving that the "certified" arbitrators had run amok by ignoring the contractual limits on their authority and committing a gross error of law.

He also convinced a US Court of Appeals that an insurer owned by a foreign government had waived sovereign immunity in an arbitration brought by Ed’s client, the reinsurer; and the appellate court’s decision is widely regarded as a key authority in the area of sovereign immunity in international arbitration generally.

Areas of Focus

Industries:

Services:

Initiatives:

- International Law & Alliances

Experience

Secured an order of the US Supreme Court that enforced the class action waiver in a student loan's arbitral provisions and vacated the decision of the federal Circuit Court of Appeals, which had deemed the waiver unenforceable under California’s now defunct Discover Bank rule. Affiliated Computer Services, Inc. v. Fensterstock, 564 US 1001 (US 2011). This landmark order was a front-page story in The New York Law Journal on June 14, 2011.
On remand from the Supreme Court’s decision that a student loan’s class action waiver must be enforced, established in the trial court that, under the doctrine of estoppel, the loan's servicer was entitled to invoke the class action waiver of the promissory note even though the servicer was not itself a party to the note. Fensterstock v. Educ. Fin. Partners,. 2012 U.S. Dist. LEXIS 124571, 2012 WL 3930647 (S.D.N.Y. Aug. 30, 2012)
In an interlocutory appeal by the other party in a confirmation action falling under the New York Convention, convinced the US Court of Appeals for the Eleventh Circuit to dismiss the appeal of the trial court’s decision that it had personal and subject matter jurisdiction over the party that appealed. Noble Prestige Ltd. v. Craig T. Galle, et al., 83 F.4th 1366 (11th Cir. 2023)
After remand from the Eleventh Circuit Court of Appeals, won judgments totaling almost $10 million based on arbitral awards issued by the Hong Kong International Arbitration Centre. Noble Prestige Ltd. v. Craig T. Galle, et al. (S.D. Fla.)
In a dispute involving co-location services, persuaded the US Court of Appeals for the Second Circuit to uphold the trial court’s decision that his client, a top business process solutions company, validly terminated the co-location contract. AiNET Corp. v. Xerox State & Local Sols., Inc., 739 Fed. App'x. 68, 2018 U.S. App. LEXIS 28611, 2018 WL 4927957 (2d Cir. Oct. 18, 2018)

In a purported class action involving the servicing of student loans, proved to the US Court of Appeals for the Second Circuit that the lower court's decision to deny class certification was, in fact, correct, leading the court, which was known to be less deferential when a district court denies class certification, to deny the erstwhile class plaintiff's appeal under Rule 23(f), Fed. R. Civ. Pr. Breitman v. Xerox Educ. Servs., 2015 U.S. App. LEXIS 23453 (2d Cir. Mar. 24, 2015)
Demonstrated to the US Court of Appeals for the Second Circuit that an insurer owned by a South American government had indeed waived sovereign immunity in arbitration. Mutual Marine Offices, Inc., et al. v. Banco de Seguros del Estado, 344 F.3d 255 (2d Cir. 2003). This landmark decision is widely recognized as a leading authority in the area of sovereign immunity in international arbitration.
Showed a federal Circuit Court of Appeals that the arbitral provision of a reinsurance facultative certificate was too narrow to encompass the reinsurer’s rescission claim, which was thereafter tried before a jury. Gerling Global Reinsurance Corporation – US Branch v. ACE Property & Casualty Insurance Co., 42 Fed. Appx. 522, 2002 U.S. App. Lexis 15571 2002 WL 1770725, (2d Cir. 2002)
On remand from the federal Court of Appeals, obtained the first jury verdict in the US granting rescission of a reinsurance contract. Gerling Global Reinsurance Corporation – US Branch v. ACE Property & Casualty Insurance Co. (S.D.N.Y.)
Established that the arbitral provisions in an international construction contract requiring arbitration in Sri Lanka were not incorporated by reference into a HVAC subcontract between his client and the contractor. Intertec Contracting, A/, et al. v. Turner Steiner East Asia Ltd., et al., 6 Fed. Appx. 61, 2001, 2001 U.S. App. LEXIS 4156 2001 WL 266997 (2d Cir. 2001)
Persuaded New York’s Appellate Division to reverse the trial court and hold that a residential mortgage lender was not required under the circumstances to prove a non-jurisdictional element of its foreclosure claim. US Bank N.A. v. Pilkington, 231 A.D.3d 772(N.Y. App. 2d Dept 2024)
Convinced New York ’s Appellate Division that the mortgagee had standing to sue. Towd Point Mortgage Trust 2015-5 v. Poulin, et al., 225 A.D.3d 962 (N.Y. App. 3rd Dept. 2024)
Won the rare remedy of vacatur of an arbitral award by proving that the arbitrators exceeded their authority and committed a "gross error of law." Amerisure Mutual Insurance Company, et al. v. GLOBAL Reinsurance Corporation of America, 927 N.E.2d 740 (Ill. App. 2010). This landmark victory was the headline story in the Chicago Daily Law Journal on March 16, 2010.
Uniquely using the Treaty of Friendship, Commerce, and Navigation between the United States and Denmark, secured reversal of the trial court's decision that had dismissed his Danish client’s multi-million dollar claim against a major US construction company on the grounds of forum non conveniens, because the treaty required the trial court to treat the Danish company as a US plaintiff, not a foreign one, and the trial court had not done so.. Intertec Contracting, A/S, et al. v. Turner Steiner International S.A., et al., 6 A.D.3d 1(N.Y. App. 1st Dept. 2004). This victory was the "Decision of the Day" in the New York Law Journal on March 22, 2004.
Demonstrated to a federal district court that the doctrine of reinsurance doctrine of "follow the fortunes" did not require a reinsurer to cover extra contractual obligations, or ECO. National Union Fire Insurance Company of Pittsburgh, Pa v. Clearwater Insurance Company, 2007 U.S. Dist. LEXIS 52770, 2007 WL 2106098 (S.D.N.Y. July 21, 2007)
Persuaded a federal district court to dismiss a copyright infringement claim that a US designer brought against a Canadian custom printing company and recouped most of his client’s attorneys' fees. Oona Tropeano Expressions, Inc. v. Studio Chevalier, Ltd., 04 CV 8887 (S.D.N.Y.)
Obtained, despite the considerable passage of time, a multi-million settlement of claims under CERCLA and an indemnity agreement on behalf of a South American ceramics conglomerate and its US subsidiary after five industrial sites they acquired from a Fortune 100 company over a decade before became the subject of environmental actions and investigations by federal and state authorities. The settlement agreement precludes further elaboration.
Twice convinced the US District Court for the Southern District of New York to transfer the venue of separate purported class actions concerning the serving of student loans by Ed’s client. The purported class representatives simply dropped their cases afterward. Reynolds v. Xerox Educ. Servs., LLC, 2013 U.S. Dist. LEXIS 134924, 2013 WL 5303797 (S.D.N.Y. Sept. 19, 2013); Shirvani v. Xerox Educ. Servs., LLC, 2014 U.S. Dist. LEXIS 4172, 2014 WL 114680 (S.D.N.Y. Jan. 13, 2014)
Successfully sued the publisher of the groundbreaking works of the late Dr. Milton H. Erickson, the pioneer of medical hypnotherapy, such that Dr. Erickson's writings are once again available to the field. Ernest Rossi v. Irvington Publishers (S.D.N.Y.)
A decision of a federal district court expressly noted that Ed’s skillful cross-examination of the defendant elicited testimony that was “evasive,” “contradictory,” and “confused, tortured, and generally less than credible.” The Health Consultants Group v. Dailey, 2004 U.S. Dist. LEXIS 27318 (S.D.N.Y. Aug. 24, 2004)
In a proceeding to confirm an international arbitral award, obtained the first-ever decision that a business entity owned by a national government was not immune from posting pre-answer security because the New York Convention, which permits such security, trumped the U.S. Foreign Sovereign Immunities Act, which does not. Skandia America Reinsurance Corp. v. Caja Nacional de Ahorro y Seguro, 1997 U.S. Dist. LEXIS 7221, 1997 WL 278054 (S.D.N.Y. 1997)
Convinced New York’s Appellate Division that a reinsurer was entitled to rescission. Curiale v. AIG Multi-Line Syndicate, Inc., et al., 225 A.D.2d 409 (N.Y. App. 1st Dept. 1996)
Serving as a Special Assistant District Attorney for the Queens County District Attorney’s Office, demonstrated that the defendant’s constitutional and statutory right to be present at a material stage of the trial was not violated. People v. Smith, 204 A.D.2d 748 (N.Y. App. 2d Dept. 1994)

Recognition

NYSBA, International Section, Leadership Award, 2021 – 2022
Ukrainian Bar Association (UBA), Certificate of Appreciation, June 2022, for leading the U.S. legal profession’s response to Russia’s invasion of Ukraine as Founding Co-Chair of NYSBA’s Ukraine Task Force (presented with a traditional Ukrainian vyshyvanka)
Columbia University School of Law, Parker School of Foreign and Comparative Law, "Recognition of Achievement with Honors" in international and comparative law

Credentials

Education

Columbia University School of Law, JD, honors, 1990
International Christian University, 1986
Tokyo, Japan
Fordham University, BA, summa cum laude, 1985

Bar Admissions

District of Columbia
New Jersey
New York

Court Admissions

US Supreme Court
US Court of Appeals for the Second Circuit
US Court of Appeals for the Eleventh Circuit
US District Court for the Eastern District of New York
US District Court for the Northern District of New York
US District Court for the Southern District of New York

Thought Leadership

Presentations

Panelist, "International Arbitration and Litigation: Cutting-Edge Issues in Insurance Arbitration, OFAC and FCPA Compliance, and Cross-Border Litigation," Daini Tokyo Bar and the New York State Bar Association International Section, Tokyo, Japan, March 7, 2024

Organizer, "ESG, DEI, Marriage Equality, and Human Rights in Japan," Japan Chapter of the New York State Bar Association International Section, Webinar, January 24, 2024
Opening Remarks as founder and former co-chair of the acclaimed Ukraine Task Force, "Nuclear Weapons and International Law: The Renewed Imperative in Light of the Russian Invasion of Ukraine," New York State Bar Association International Section, Virtual Event, November 8, 2023
Panelist, "Latest Cross-Border Legal Strategies in the U.S.," Osaka Bar Association and New York State Bar Association International Section, Osaka, Japan, February 14, 2023
Panelist, "Contracts in the Time of Cholera," Consortium Legal and Delos Dispute Resolution, November 22, 2022

Blog Posts

Events

Hinshaw Alerts

Hinshaw Newsletters

Consumer & Class Action Litigation Newsletter - March 2012 Edition, Mar 6, 2012
Consumer & Class Action Litigation Newsletter - July 2011 Edition, Jul 5, 2011

In The News

Insights for Insurers Alerts

Press Releases

Webinars

View all of Ed's Insights

Interests

Did you know...

A front-page article in the New York Law Journal lauded Ed’s leadership of NYSBA’s International Section and Ukraine Task Force. Previously, he and other NYSBA attorneys traveled to Cuba in 2014 to build ties.

Ed dined with Ireland’s Benchers and Chief Judge at the Honorable Society of Kings Inns, Dublin.

A standout lineman in high school, Ed discovered theater after a debilitating injury, which ultimately influenced his decision to become a litigator.

Thought Leadership

Presentations

Panelist, "International Arbitration and Litigation: Cutting-Edge Issues in Insurance Arbitration, OFAC and FCPA Compliance, and Cross-Border Litigation," Daini Tokyo Bar and the New York State Bar Association International Section, Tokyo, Japan, March 7, 2024

Organizer, "ESG, DEI, Marriage Equality, and Human Rights in Japan," Japan Chapter of the New York State Bar Association International Section, Webinar, January 24, 2024
Opening Remarks as founder and former co-chair of the acclaimed Ukraine Task Force, "Nuclear Weapons and International Law: The Renewed Imperative in Light of the Russian Invasion of Ukraine," New York State Bar Association International Section, Virtual Event, November 8, 2023
Panelist, "Latest Cross-Border Legal Strategies in the U.S.," Osaka Bar Association and New York State Bar Association International Section, Osaka, Japan, February 14, 2023
Panelist, "Contracts in the Time of Cholera," Consortium Legal and Delos Dispute Resolution, November 22, 2022