Stuart A. Panensky

Attorney Profile

Top Rated Professional Liability Attorney in Princeton, NJ

FisherBroyles, LLP
 | 100 Overlook Center, Second Floor
Princeton, NJ 08540
Phone: 609-454-6957
Fax: 609-498-6039
Selected to Rising Stars: 2013 - 2019
Licensed Since: 2003
Practice Areas:
  • Professional Liability: Defense (20%),
  • Technology Transactions (20%),
  • Business Litigation (20%),
  • Construction Litigation: Business (20%),
  • Insurance Coverage (10%),
  • Environmental Litigation (10%)

Disclaimer

No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process for a detailed description of the Super Lawyers selection methodology.

Attorney Profile

Stu Panensky is an experienced business attorney and commercial litigator who can personally handle all phases of routine and complex civil litigation up through and including trial. He advises professional and corporate clients across multiple business sectors on risk mitigation and the defense of claims. Stu’s practice is concentrated in the following practice areas:

Cyber-Risk & Data Breach

Stu has significant experience acting as data breach counsel to companies in multiple verticals including professional services, retail, hospitality, financial institutions, technology and healthcare. Stu leads breach response investigations including working with his clients’ internal IT and digital forensics to provide legal advice on the nature of the occurrence, 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 quality breach response vendors (IT, forensics, e-discovery, public relations, breach notification and others) and coordinates them in data breach response efforts including print and email notification, call-center management, credit monitoring and restoration services, and other cyber-incident response activity.

Stu also provides legal counsel related to pre-breach cyber-risk preparedness including drafting incident response planning documents, hosting mock-breach “tabletop” presentations to clients, opining on privacy and data and information security company policies as well as reviewing technology vendor/provider contract agreements and scope documents.

Technology Errors & Omissions

Stu represents a multitude of IT professionals, software developers and other tech-sector enterprises in the defense of third party claims of errors and omissions arising out of the performance of technology services, technology products, application vulnerability, “scope creep” and other technology performance issues.

Cyber Insurance

Stu Panensky was one of the earliest attorneys to provide advice to the insurance industry on insuring electronic data, information security, network extortion, and other cyber-risk issues. In that capacity, Stu offers insurers advice on stand-alone cyber insurance policy provisions, cyber endorsements to other commercial policies as well as exclusions and related provisions. Stu also authors cyber-insurance coverage opinions and counsels insurers on all cyber-coverage issues including representing insurers in the prosecution of or defense of declaratory judgment actions.

Design Professional Liability & Construction

From the earliest days of his career, Stu Panensky has represented design professionals (architects & engineers) as well as construction managers, general contractors and subcontractors and owners/developers from allegations of design malpractice and construction defect. Stu has acted as lead counsel to target defendants in large and complex construction-related litigation. Stu has defended a variety of causes of action against design professionals and contractors including negligence/professional negligence, breach of contract, consumer fraud, breaches of warranty and construction/building code violations. Stu’s construction litigation experience has involved commercial developments including small and mid-rise towers, bridges, amusement parks, indoor sports facilities, retail complexes, land redevelopments, pre-engineered structures, and residential homes and multiple-unit dwellings.

Stu has extensive experience in advising architects, engineers, and contractors on sensitive risk-transfer issues including contractual indemnification, contribution and additional insurance. Stu has also represented construction product manufacturers in product liability/ defect litigation. Finally, Stu also handles construction site bodily injury claims.

Environmental

Stu Panensky frequently defends companies whose business interacts with hazardous material, contamination and pollution.  Stu has represented environmental professionals, cleanup contractors, oil & gas delivery providers and licensed and unlicensed site remedial specialists from claims of New Jersey Spill Act and CERCLA violations, negligent contamination, compliance issues, natural resource damages and cost recovery/contribution.

Miscellaneous Professional Liability

Stu has diverse experience representing other miscellaneous professionals from malpractice claims including title / escrow agents, insurance producers, realtors, banking professionals, land surveyors, financial service providers and other professionals and specialists.

General Liability

Stu has litigated scores of commercial general liability matters in all phases of civil litigation in multiple jurisdictions up through and including both jury and bench trials. He has significant experience in premises liability, trucking/ commercial auto liability, homeowner-association liability, subrogation, and other general tort and contract liability.

Representative Matters

Representative Cyber Matters

  • Counsel to numerous professional service firms on lost/stolen devices
  • 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 firms, investment advisors, medical offices, design firms and title agents on ransomware attacks
  • Coverage / monitoring counsel for excess insurers on cyber insurance towers
  • Counsel to numerous companies that are the subject of post-incident regulatory investigations at both the state and federal level

Representative Technology Errors & Omissions Matters

  • Counsel to numerous IT service providers in professional negligence claims
  • Counsel to telecommunications provider in technology product defect claim
  • Counsel to software developer on claims of application security-vulnerability
  • Counsel to application developer on breach of contract / user license agreement

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

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
 
Practice Areas
Lawyer Practice Area Pie Chart

Professional Liability (20%): Professional Malpractice - Other

Technology Transactions (20%): Science and Technology Law

Business Litigation (20%)

Construction Litigation (20%): Construction Defects

Insurance Coverage (10%): Insurance, Insurance Defense

Environmental Litigation (10%)

Focus Areas

Professional Malpractice - Other, Science and Technology Law, Construction Defects, Insurance, Insurance Defense

Selections

top-imageSelected to Rising Stars for 7 years

Rising Stars: 2013 - 2019

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About Stuart Panensky

Admitted: 2003, New Jersey

Professional Webpage: https://www.fisherbroyles.com/stuart-panensky/

Bar/Professional Activity:

  • U.S. District, District of New Jersey
  • New York
  • New Jersey

Scholarly Lectures/Writings:

Educational Background:

  • Ithaca College, 2000, B.S.

Industry Groups

  • Blockchain
  • Construction
  • Financial Institutions
  • Fintech
  • Healthcare
  • Insurance
  • InsureTech
  • Professional Services
  • Retail
  • Technology
Find Me Online
Office Location for Stuart A. Panensky

100 Overlook Center
Second Floor
Princeton, NJ 08540

Phone: 609-454-6957

Fax: 609-498-6039

Stuart A. Panensky:

Last Updated: 1/14/2019

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