• January 19, 2017

    NY Doctor's Sexual Misconduct Coverage Row Goes To Trial

    A New York federal judge on Wednesday ordered a trial in a doctor's dispute with Harleysville Worcester Insurance Co. over coverage for a medical malpractice and battery complaint filed by the granddaughter of a former patient.

  • January 19, 2017

    Owners Of Chicago Apartment Tower Score $125M Refinancing

    The owners of a 44-story apartment tower in the Lincoln Park neighborhood of Chicago have landed a $125 million loan to refinance the property, according to a statement on Wednesday from Holliday Fenoglio Fowler LP, which brokered the transaction.

  • January 18, 2017

    Agent Not Liable In Hurricane Irene Coverage Row, Court Says

    Intermarket Insurance Agency Inc. cannot be held liable for negligence for allegedly failing to secure sufficient insurance for a textile wholesaler prior to Hurricane Irene, leaving it without coverage for losses due to the storm, a New York state judge has ruled, finding that the agent had no duty to advise the policyholder to acquire additional coverage.

  • January 18, 2017

    Fed. Circ. Upholds Aetna's Win In Health Data Patent Suit

    The Federal Circuit upheld on Wednesday a lower court’s invalidation of patents asserted against Aetna Inc., letting stand a decision that found the health insurance company didn't infringe because the health information technology developer's patents were too abstract under the U.S. Supreme Court’s Alice test.

  • January 18, 2017

    Lincoln National Faces Class Suit Over Insurance Cost Hikes

    Lincoln National Corp. was slapped with a putative class action in Pennsylvania federal court on Tuesday alleging that it breached the terms of its life insurance policies by jacking up rates in an attempt to shift costs to its customers and force coverage cancellations.

  • January 18, 2017

    Insurer Freed From Fight Over Unfinished National Park Work

    A Montana federal judge on Wednesday ruled that The Phoenix Insurance Co. doesn't have to defend or indemnify a construction subcontractor in litigation over its failure to fulfill a contract to help repair a bridge in Glacier National Park, adopting a magistrate judge's recommendations.

  • January 18, 2017

    Anthem Customer Asks To Nix Claims After 'Invasive' Data Bid

    A named plaintiff in litigation over Anthem’s 2015 data breach asked a California federal judge to toss his claims Tuesday, saying a request that he allow the replication of his computer’s files and data is too invasive, considering that entrusting the company with his personal information previously led to him suffering identity theft.

  • January 18, 2017

    Deals Rumor Mill: Chuck E. Cheese, Cosco, OneBeacon

    Private equity-owned Chuck E. Cheese could go public this year in an IPO valuing it at around $1 billion; Chinese state-owned Cosco is in talks to buy rival Orient in a deal worth more than $4 billion; and specialty insurer OneBeacon, worth around $1.6 billion, is up for grabs.

  • January 18, 2017

    PTAB Finds Claims In IV E-Commerce Patent Invalid

    The Patent Trial and Appeal Board on Tuesday invalidated several claims in an Intellectual Ventures II LLC e-commerce patent, dealing a blow to the patent holding company in its East Texas lawsuit against a pair of insurance companies.

  • January 17, 2017

    9th Circ. Urged To Ax Tempur-Sealy's Class Action Coverage

    Hartford Fire Insurance Co. asked the Ninth Circuit on Tuesday to reverse a California federal judge's ruling that it must defend Tempur-Sealy International Inc. in a proposed class action alleging that the mattress company lied in marketing materials, arguing that the underlying complaint doesn't seek any damages covered by Hartford's policy.

  • January 17, 2017

    Southport, US Bank Hit In Asset Misappropriation Scheme

    The former owners of two insurance companies launched a lawsuit in Delaware Chancery Court on Tuesday accusing the companies' buyers of hatching a scheme to replace the companies’ assets with worthless investments that, with the aid of U.S. Bank NA, cost the sellers hundreds of millions of dollars.

  • January 17, 2017

    Chicago Condo Defect Suit Should Be Covered, 7th Circ. Told

    A slew of developers and contractors that worked on a Chicago condominium building urged the Seventh Circuit on Monday to uphold a lower court's ruling that Westfield Insurance Co. must defend them in construction defect litigation, asserting that the underlying suit alleges multiple forms of covered property damage.

  • January 17, 2017

    If Not Replaced, ACA Repeal Could Double Premiums: CBO

    With Congressional Republicans working toward repealing the Affordable Care Act, the nonpartisan Congressional Budget Office said Monday that scrapping only parts of “Obamacare” could result in 32 million people losing health insurance and premiums doubling by 2026.

  • January 17, 2017

    Judge OKs Geico's Discovery Bid In Fraud Case

    A New Jersey federal judge on Tuesday ordered a group of outpatient care facilities sued by Geico over an alleged kickback scheme to explain why they can’t obtain requested discovery documents, which they claim were ruined after the government seized their computers, from their original sources.

  • January 17, 2017

    Sausage Co. Says Insurer Owes In Money-Transfer Scam

    Quality Sausage Co. and a subsidiary filed suit against Twin City Fire Insurance Co. in Texas federal court Friday, alleging that the insurer wrongfully denied coverage after a hacker tricked one of the unit’s employees into transferring $1 million out of a client’s bank account.

  • January 17, 2017

    Blue Shield Escapes TCPA Class Action Over Single Call

    A California federal judge last week gave Blue Shield a quick win in a proposed class action accusing the insurer of violating the Telephone Consumer Protection Act based on a single recorded phone call about plan renewal, saying common sense concludes a purely informational call isn’t an ad.

  • January 17, 2017

    LifeLock Can't Revive False Ad Suit Coverage Bid

    A New York appellate court on Tuesday rejected identity theft protection company LifeLock Inc.'s bid to revive its suit seeking coverage from Lloyd's of London underwriters for defense costs in a civil suit and related class actions over purportedly misleading claims, holding that a pair of policy exclusions preclude coverage.

  • January 13, 2017

    Reed Smith Adds Ex-McDermott Litigation Pro In Chicago

    Reed Smith LLP is expanding its health care law expertise with the addition of a partner, who joined Reed Smith's Chicago office from McDermott Will & Emery LLP, where he was also a partner, the firm announced.

  • January 13, 2017

    9th Circ. Seeks Calif. Justices' Input On Insurance Rule

    The Ninth Circuit on Friday asked California's high court to decide whether the state's law applies to a college's pollution coverage dispute despite a policy provision requiring the application of New York law, given the Golden State's rule that an insurer must prove it was prejudiced by a policyholder's late notice to deny coverage on that basis.

  • January 13, 2017

    WorldLink Gets Arbitration Coverage Fight Booted From Mich.

    A Michigan federal judge on Friday tossed an insurer’s suit against staffing agency ADI WorldLink LLC seeking to escape coverage obligations related to WordLink’s arbitrations with employees, saying the suit belongs in Texas.

Expert Analysis

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Managing FCA Risks With Directors And Officers Insurance

    Marialuisa S. Gallozzi

    Last month, the U.S. Department of Justice announced that it had obtained over $4.7 billion in settlements and judgments from False Claims Act cases in fiscal year 2016. Policyholders looking to maximize their prospects of insurance recovery for FCA claims should make sure to understand the main coverage requirements and limitations of directors and officers liability insurance, say Marialuisa Gallozzi and Scott Levitt of Covington & Burling LLP.

  • Update On Statutes Of Limitations In Texas Bad Faith Claims

    Summer L. Frederick

    Under Texas insurance law, provisions regarding accrual have been surprisingly ambiguous despite the Texas Supreme Court's instruction. For this reason, the Fifth Circuit's decision in De Jongh v. State Farm is important because it has provided critical clarity in determining how much time insureds have to file bad faith lawsuits, says Summer Frederick of Zelle LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • The Implications Of Insureds' Illegal Conduct

    Deepa T. Sutherland

    Laws against bribery and corruption, like the U.S. Foreign Corrupt Practices Act and U.K. Bribery Act, are growing increasingly tough, often applying in surprisingly broad circumstances. The laws' principles continue to be tested in court, but for now, insurers writing risks in foreign jurisdictions should adopt a proactive stance in vetting the practices of their local subsidiaries and insureds, say Deepa Sutherland and Hernán Cip... (continued)

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • New York Revises Cybersecurity Proposal: A Closer Look

    Michael A. Mancusi

    Although the revised version of New York's proposed cybersecurity regulations addresses several areas of concern or confusion for financial services firms, certain questions of scope and liability remain. In addition, the revised proposal's requirements remain extensive, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.