• March 22, 2017

    Repeal Of ACA Essential Benefits Faces Hazy Path In Senate

    Republicans face an uncertain procedural path if they attempt to repeal the Affordable Care Act’s mandatory benefits for health insurance with a simple-majority vote in the U.S. Senate via so-called budget reconciliation, experts say.

  • March 22, 2017

    9th Circ. Buoys Policyholders In Excess Settlement Fights

    The Ninth Circuit refused Tuesday to disturb California appellate precedent establishing that an excess insurance carrier must either approve a policyholder's settlement of a covered claim or assume the insured's defense if it wishes to avoid litigation, giving policyholders more leverage to secure reluctant excess insurers' participation in settlement talks.

  • March 22, 2017

    Maryland Hospital Co. Can’t Shake FCA Suit, But Others Can

    An Illinois federal judge Wednesday dismissed a trio of health care systems from a suit alleging False Claims Act violations, but told Maryland-based MedStar Health Inc. that it couldn’t escape claims by a former employee that it billed federal insurance programs for unnecessary inpatient admissions.

  • March 22, 2017

    Alston Nabs Reed Smith, MoFo Partners To Open SF Office

    Alston & Bird LLP has hired three Reed Smith LLP partners and several attorneys as well as a Morrison & Foerster LLP managing partner with “significant experience” advising companies on high-stakes class action and multidistrict litigation to open a new San Francisco office and expand its Los Angeles team, the firm said Wednesday.

  • March 22, 2017

    Deals Rumor Mill: Deutsche Boerse, Souq, Generali

    The European Commission will block the proposed $30 billion merger of Deutsche Boerse and the London Stock Exchange, has agreed to buy United Arab Emirates-based online retailer and marketplace, and Italian insurance giant Generali intends to sell its businesses in Colombia, Ecuador and Panama.

  • March 22, 2017

    Chiropractor Fraudulently Billed For $10M, Prosecutors Say

    A Chicago chiropractor has been indicted on charges of submitting more than $10 million in false bills to Medicare and insurance companies, federal prosecutors announced Wednesday.

  • March 21, 2017

    Fla. Senate Eyes Tax Credit Repeal Over Insurers' Warnings

    Despite warnings of lost jobs and increased premiums for Florida policyholders, a state Senate panel on Tuesday voted to repeal insurers' long-standing tax credit on in-state employee salaries, and to shift the tax relief to a broader base of businesses by reducing a tax on commercial leases.

  • March 21, 2017

    ACA Watch: GOP Scrambles As Climactic Vote Looms

    House Republicans on Wednesday will hunt for votes to repeal and replace the Affordable Care Act, the Congressional Budget Office may issue a new appraisal of the effort, and a key committee will set the stage for the climactic vote on Thursday in the full House. Here’s where things currently stand on the Republican bill.

  • March 21, 2017

    CVS Customers Denied Cert. In Generic Pricing Suit

    Consumers accusing CVS Pharmacy Inc. of overcharging them for generic medications lost a bid for class certification on Tuesday when a California federal judge said there were too many individual factors pertaining to pharmacy benefit managers, though she left room for an amended request.

  • March 21, 2017

    Delta Dental's $34.7M Settlement Sparks Conflict Concerns

    A San Francisco judge said Tuesday she wouldn't approve the $34.75 million settlement of a contract dispute between Delta Dental and a class of 23,000 California dentists until filings showed the deal equally benefits claimants who aren't members of the California Dental Association, the professional organization which brokered the deal.

  • March 21, 2017

    Landlord Lands $90M Refinancing On NYC Building

    Skyline Developers has landed a $90 million refinancing for a residential building on Wall Street in Manhattan from Northwestern Mutual Life Insurance Co., according to property records made available Tuesday.

  • March 21, 2017

    AIG Unit Must Cover $3.75M Ad Injury Claims, 9th Circ. Says

    The Ninth Circuit on Tuesday refused to toss a jury's verdict that an AIG unit must pay $3.75 million to a laryngeal mask company to cover its settlement with a competitor over misleading advertisements allegedly characterizing the competitor's products as unsafe.

  • March 21, 2017

    Ace American Slams Objection In Terror Attack Insurance Suit

    Ace Insurance Co. hit back Monday against arguments that it owes Orion Project Services LLC coverage for the death of a worker in a 2013 terror attack, saying the evidence is clear that he was not working for Orion when he died.

  • March 20, 2017

    Fla. Court Rules State Farm Data Is Protected From Disclosure

    A Florida appeals court ruled Monday that data from State Farm's residential insurance policies are trade secrets exempt from public disclosure, upholding a lower court's decision despite opposition from the state's insurance regulator.

  • March 20, 2017

    Amtrust Hit With Investor Suit Over Financial Restatements

    A proposed class of Amtrust Financial Services Inc. investors on Monday hit the insurance firm with a federal suit in Manhattan alleging that errors in financial reporting led to stock drops once the company announced restatements were necessary.

  • March 20, 2017

    Docs Eyed In $57M Insurance Fraud Can Practice, Judge Says

    A Manhattan judge on Monday cleared Westchester, New York, neurologist Emad Soliman and New York City cardiologist Asim Hameedi to continue to practice medicine as a $57 million criminal insurance fraud case against them and others moves forward.

  • March 20, 2017

    Insurer Seeks Segal McCambridge Bill Audit After Fraud

    A onetime Segal McCambridge Singer & Mahoney LTD partner overbilled clients for hundreds of thousands of dollars while another ran a fraudulent scheme to milk an insurance policy and prolong asbestos-related defense work, an insurer claimed in suit moved Friday to New York federal court seeking an audit of the firm's bills. 

  • March 20, 2017

    Insurer Needn't Cover Worker's Death, 2nd Circ. Told

    Harleysville Preferred Insurance Co. on Friday asked the Second Circuit to affirm a lower court's ruling that it doesn't have to defend an electrical contractor and two transportation authorities in litigation over the death of a worker crushed by a battery, contending that a policy exclusion for injuries tied to use of mechanical devices bars coverage.

  • March 20, 2017

    Texas Anesthesiologist Cops To $40M Kickback Scheme

    A Dallas anesthesiologist on Friday pled guilty in Texas federal court to taking part in a $40 million scheme to use kickbacks and bribes to bring in business to Forest Park Medical Center, the physician-owned hospital he helped open, according to the U.S. Department of Justice.

  • March 20, 2017

    Insurer Wants Off The Hook In Firing Range Noise Suit

    Insurer Liberty Corporate Capital Ltd. asked a West Virginia federal court Friday to let it off the hook in a noise complaint suit against a firing range it insures, saying the range’s policy doesn’t cover that type of suit.

Expert Analysis

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Dealing With 'Relatedness' Under Cyberinsurance Policies

    Marc E. Rindner

    When organizations respond to data breaches, they sometimes discover additional breaches that may significantly impact insurance claims. Insurers must recognize unique coverage considerations due to the potential asymmetry of information when related claims issues arise under cyberpolicies, say attorneys with Wiley Rein LLP.

  • Is The End Of Individual Health Insurance Near?

    Corinne Smith

    The American Health Care Act proposes to eliminate the mandate for individuals to carry health insurance by removing the tax penalty. Eliminating the mandate, but continuing to require insurers to cover preexisting conditions, means that only sick individuals will purchase insurance, premiums will go up and far more millennials will opt out of the private health insurance market, says Corinne Smith of Strasburger & Price LLP.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • New NY Cybersecurity Regs Will Have National Reach

    Romaine Marshall

    Given the national reach of the New York Department of Financial Services, the impact of New York's new cybersecurity regulations for the financial services sector will be felt far beyond the state of New York. The new rules may drive similar changes to other state and federal information protection laws, becoming the baseline standard for the industry, say Romaine Marshall and Matt Sorensen of Holland & Hart LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Opinion

    DC Circ. Should Be Wary Of Efficiencies Defense In Anthem

    David Balto

    The children’s book "If You Give a Mouse a Cookie" could easily have been describing merger defendants’ efforts to push antitrust policy toward far more permissive standards in merger defenses. A perfect example of this is found in the Anthem merger case now on appeal at the D.C. Circuit, which will hear oral argument on Friday, says David Balto, former policy director of the Federal Trade Commission Bureau of Competition.

  • D&O Insurance And The Conduct Exclusion

    Kevin M. LaCroix

    Most directors and officers insurance policies have conduct exclusions precluding coverage for fraudulent, criminal or willful misconduct, but mere allegations are insufficient to trigger this exclusion. A California state appeals court's recent decision in Heart Tronics v. Axis Insurance provides interesting insight into the operation of such an exclusion, says Kevin LaCroix of RT ProExec.

  • NY Life Settlement And Cybersecurity Compliance

    Theodore P. Augustinos

    Attorneys with Locke Lord LLP explain the New York Department of Financial Service's new cybersecurity regulations and discuss the immediate actions that life settlement providers and brokers should take in order to comply.

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.