• 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.

  • January 13, 2017

    Life Partners Investors Want Goodman & Nekvasil DQ'd

    The investors who are class-action plaintiffs in an adversary case in the Life Partners Holdings Chapter 11 told a Texas bankruptcy judge on Thursday to disqualify and sanction Goodman & Nekvasil PA because the firm sent out solicitation letters to Life Partners investors and lied to the court about it.

  • January 13, 2017

    5 Texas Insurance Battlegrounds In 2017

    Courts in the Lone Star State have a busy year ahead, with the Texas Supreme Court set to weigh the scope of its landmark ruling that an insured's damages must result from a fully adversarial trial and a federal appellate court preparing to grapple with issues relating to policy exhaustion and the proper trigger of coverage. Here, Law360 looks at five insurance cases that have grabbed attorneys' attention in Texas.

  • January 13, 2017

    US, EU Complete Agreement On Insurance Regulation

    U.S. and European Union officials said Friday they have completed a bilateral agreement designed to place their insurers and reinsurers on equal footing by eliminating duplicative regulations and axing collateral requirements for EU reinsurers doing business in the U.S., among other measures.

  • January 13, 2017

    Congress Passes 1st Step To Repeal ACA

    Congress passed the bill that would frame the repeal of the Affordable Care Act on Friday, after the House voted through a measure that would let Republicans undo President Barack Obama's signature health care law down the road without any Democratic votes.

  • January 13, 2017

    Health Data Patents Not Abstract In Aetna Row, Fed. Circ. Told

    Software company HealthTrio LLC on Friday fought to reverse a ruling that its patents for an online record-keeping system asserted against health insurance giant Aetna Inc. are invalid as abstract, telling the Federal Circuit that the technology encompasses far more than simply translating information for electronic databases.

  • January 13, 2017

    More Info Needed In Bird Flu Coverage Row

    A Minnesota federal judge on Thursday held off on concluding whether or not a 2015 avian influenza outbreak that cost Rembrandt Enterprises nearly 8 million birds at its egg-producing facilities warrants coverage, saying the crux of the case — how the virus spread — couldn’t yet be determined.

  • January 12, 2017

    DaVita, Fresenius Win Temporary Block Of HHS Rule Change

    A Texas federal judge on Thursday put a temporary block on a new U.S. Department of Health and Human Services rule set to take effect Friday requiring dialysis providers such as DaVita Inc. and Fresenius Medical Care to make certain disclosures about third-party premium assistance, court filings show.

  • January 12, 2017

    Consumers Can't Join ACA Cost-Sharing Case, DC Circ. Rules

    Consumers can’t take over for the Obama administration in fighting a U.S. House of Representatives lawsuit that challenges Affordable Care Act cost-sharing reductions, the D.C. Circuit ruled Thursday.

  • January 12, 2017

    Noble Asks Texas Justices To Nix $63M Conoco Indemnity

    Noble Energy Inc. on Thursday told the Texas Supreme Court it’s wrongly on the hook to ConocoPhillips Co. for $63 million in environmental cleanup costs under an indemnity agreement a predecessor company didn't know existed when it bought property.

  • January 12, 2017

    United Healthcare, Class Refute AGs' Protest To Hep C Deal

    United Healthcare Inc. and class plaintiffs suing over the insurer's restrictions on coverage of costly hepatitis C treatments have urged a Florida federal court to reject 13 state attorneys general's opposition to their proposed settlement they say would deliver even more than what class members originally sought.

  • January 12, 2017

    Lamorak Tells 2nd Circ. Policy Must Be Read As Written

    Lamorak Insurance Co. told the Second Circuit Thursday that a New York district court judge “rewrote" its contract with Olin Corp., saying the plain language of the policy dictates that the chemical producer must collect on earlier policies with other insurers before Lamorak has to pay out for the cleanup of contaminated sites.

  • January 12, 2017

    Deals Rumor Mill: Johnson & Johnson, Onex, McDonald's

    Johnson & Johnson is inching closer to an acquisition of Swiss biotech Actelion, Canada's Onex could rake in up to $4 billion through the sale of USI Insurance Services, and McDonald's is taking offers for a significant stake in its Japanese unit.

  • January 12, 2017

    Ryan Promises 'Concurrent' ACA Repeal And Replacement

    House Speaker Paul Ryan reiterated President-elect Donald Trump's promises for a simultaneous repeal and replacement of the Affordable Care Act on Thursday, hours after the Senate took a series of votes that advanced the repeal effort.

  • January 12, 2017

    Horizon Hits NJ Mail Order Pharmacy With $10M Suit

    Horizon Blue Cross Blue Shield of New Jersey has slapped a Pennsylvania mail-order pharmacy with a lawsuit seeking to recoup $10 million the insurer paid in claim reimbursements it alleges the pharmacy was ineligible to receive because it wasn’t licensed at the time.

  • January 12, 2017

    NY Bankruptcy Court Finds MF Global Insurers In Contempt

    A New York bankruptcy judge Thursday held Ironshore Insurance Ltd. and other insurers in contempt for seeking a Bermuda court’s help blocking litigation accusing them of wrongfully refusing to help pay a massive settlement in connection with MF Global's collapse. 

  • January 12, 2017

    Mich. Tribe, Blue Cross Settle ERISA Suit

    A federal judge on Wednesday dismissed the Little River Band of Ottawa Indians' allegations that Blue Cross Blue Shield of Michigan disregarded the Employee Retirement Income Security Act while administering an employee health benefit plan, after the parties said they settled the matter.

  • January 12, 2017

    5 California Insurance Battlegrounds In 2017

    California's appellate courts are poised to tackle a host of key insurance issues this year, including whether a company's negligent hiring of an employee is an accidental occurrence and whether an excess insurer can pursue reimbursement from a primary insurer that refused to settle within policy limits. Here, Law360 takes a look at five major insurance disputes pending before courts around the state.

Expert Analysis

  • 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.

  • The Prudential Need For Insurer Access To Information

    Jason P. Cronic

    In the recent American Realty class action, the Southern District of New York ruled that confidential information could not be shared with insurers. When courts prevent such disclosure, they significantly hamper insurers' ability to be meaningfully involved in the defense and settlement of claims, say Jason Cronic and Leland Jones IV of Wiley Rein LLP.

  • California Legal Bills: Privileged Until They Aren’t?

    Steven Fleischman

    Given the problems with the California Supreme Court’s decision in Los Angeles County Board of Supervisors v. Superior Court of Los Angeles County, the California Legislature should adopt a legislative fix to explicitly protect attorney invoices in both pending and completed litigation from disclosure under the attorney-client privilege, say members of Horvitz & Levy LLP.

  • Door Closing On 'Unavailability' Insurance Exception: Part 2

    Scott M. Seaman

    Historically, decisions applying New Jersey law have applied the "unavailability of insurance" exception in the context of some asbestos and environmental coverage claims, but the already narrow exception may potentially be further limited in the near future, says Scott Seaman of Hinshaw & Culbertson LLP.

  • 'Fair Value' Takeaways From Merion V. Lender Processing

    Gail Weinstein

    The Delaware Chancery Court relied entirely on the merger price to determine “fair value” in Merion Capital v. Lender Processing Services, confirming that an appraisal award likely will not exceed the merger price in a nonaffiliated transaction where there was a pre-signing market check with “meaningful competition,” say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Door Closing On 'Unavailability' Insurance Exception: Part 1

    Scott M. Seaman

    Over the last 20 years, policyholders have often tried to use the "unavailability of insurance" exception to counteract the consequences of pro rata allocation, but recent activity suggests that the exception is losing support even in the few jurisdictions that have recognized it, says Scott Seaman of Hinshaw & Culbertson LLP.

  • Course Corrections For Oil Spill Cleanup Reimbursements

    Lawrence I. Kiern

    A D.C. federal court’s recent decision in Water Quality Insurance Syndicate v. U.S. overturned the U.S. Coast Guard National Pollution Funds Center’s action in the matter of an oil spill from an offshore supply vessel. The ruling promises new hope for responsible parties that their statutory right to limitation of liability will actually be honored in practice, says Lawrence Kiern of Winston & Strawn LLP.