• November 22, 2017

    Arent Fox Still Can't Get Access To Docs In Malpractice Suit

    A New York federal judge said Tuesday he sees no problem with a magistrate judge’s recommendation denying Arent Fox LLP access to communications between a former client suing the firm for malpractice and that client’s other attorneys.

  • November 22, 2017

    Latham Steers Indian Life Insurance Co.'s $1.3B IPO

    Latham & Watkins LLP has represented the underwriters of HDFC Standard Life Insurance Co. Ltd. in its $1.33 billion initial public offering in Mumbai, marking another capital markets transaction for the firm’s India practice, which has guided more than $6.5 billion in IPOs this year.

  • November 22, 2017

    Nonprofit Backs Office Depot In False Claims Coverage Row

    A nonprofit policyholder group has urged the Ninth Circuit to revive a coverage dispute between Office Depot and a unit of AIG, arguing that the lower court ruling could drastically curtail coverage in California False Claims Act cases.

  • November 22, 2017

    ChinaCast Reaches Deal To Advance Ch. 11 Plan Confirmation

    ChinaCast Education Corp. and a private equity firm sitting on a $66 million judgment against the defunct company asked a New York bankruptcy court Tuesday for a second chance at approval of a settlement, which would see them team up to pursue $30 million worth of the debtor’s insurance policies.

  • November 22, 2017

    4 Key Insurance Rulings Builders Should Know In 2017

    Courts have issued a slew of decisions on critical insurance issues facing the construction industry this year, including a California appeals court's ruling that a general contractor's additional-insured coverage isn't cut off when its subcontractors' work is finished and the New York high court's holding curbing contractors' coverage for their own fault. Here, Law360 recaps four 2017 decisions that building contractors and their subcontractors should read.

  • November 21, 2017

    MD In Health Care Fraud Trial Has Mental Defect, Jurors Told

    A Northern California doctor on trial with her orthopedic surgeon boyfriend for allegedly committing health care fraud and money laundering is very talented and able but has a mental defect that affects her day-to-day functioning, a neuropsychologist told jurors Tuesday in the California federal trial.

  • November 21, 2017

    7th Circ. Vacates 'Ponzi' Atty's Sentence, Again Remands

    A Seventh Circuit panel Tuesday vacated a 10-year sentence for a former attorney who pled guilty to wire fraud after the government discovered he had swindled clients for years by stealing settlement proceeds, ruling that the lower court didn’t allow him to address the judge before sentencing.

  • November 21, 2017

    Juice Maker Didn't Face 'Claim' Until Labeling Suit: Judge

    A Washington federal judge on Tuesday found a juice maker had given its insurer sufficient notice to be covered for a labeling suit, saying the initial statutory notice the company received was not a claim.

  • November 21, 2017

    Petrobras Fights Bid To Arbitrate $400M Oil Rig Defect Suit

    Brazilian oil giant Petrobras on Monday told the Fifth Circuit it doesn’t have to arbitrate a $400 million claim against Spanish manufacturer Vicinay Cadenas SA over an allegedly defective component used in an offshore oil and gas rig.

  • November 21, 2017

    Country Club Mgr. Loses Bid For $6M Crash Deal Coverage

    A pair of CNA Financial Corp. insurers don't have to cover country club manager Heathland Hospitality Group LLC's $6 million settlement of a lawsuit accusing it of overserving alcohol to a patron who later caused a fatal car accident, a Pennsylvania federal judge ruled Tuesday, finding that liquor liability policy exclusions apply to bar coverage.

  • November 21, 2017

    Mass. Governor Signs Law Protecting Birth Control Coverage

    Massachusetts Governor Charlie Baker signed into law Monday a bill that ensures copay-free access to contraception in the state regardless of policy changes at the federal level.

  • November 21, 2017

    AIG Unit Needn't Cover $17M Ponzi Loss, 5th Circ. Affirms

    An American International Group Inc. unit doesn't have to cover Cooper Industries Ltd.'s $17 million loss to a Ponzi scheme, the Fifth Circuit affirmed on Monday, agreeing with a lower court that the electrical products manufacturer didn't own the money for coverage purposes because it invested in the scheme via loans.

  • November 21, 2017

    Insurer Escapes Coverage In Exploding Batteries Suit

    A Washington federal judge ruled Monday that a vape shop’s liability insurer doesn’t owe the company a defense against a suit in state court over exploding batteries, saying the batteries aren’t covered under the insurance policy.

  • November 21, 2017

    Sedgwick To Shut Down After Deluge Of Partner Defections

    Sedgwick LLP told employees Monday morning that the firm would close at the end of December, a current firm employee confirmed to Law360 on Tuesday, capping off a year of defections and office closures that rocked the San Francisco-based firm.

  • November 20, 2017

    NY Justices Won't Hold NY Derivative Claims To Cayman Rule

    New York’s highest court said Monday that a minority investor in Scottish Re Group Ltd. did not have to get permission from a Cayman Islands court to pursue derivative claims on behalf of the Cayman-incorporated reinsurer, reversing a state appeals court ruling that stood to limit New York courts’ ability to hear derivative suits involving Cayman companies.

  • November 20, 2017

    Children's Hospital Sues Insurer For Data Breach Coverage

    A California children’s hospital sued Illinois Union Insurance Co. for coverage of an underlying suit brought after the hospital mistakenly sent a document containing the protected information of more than 20,000 “young patients” to job applicants, according to a notice removing the suit to California federal court Friday.

  • November 20, 2017

    NY Justices Restore $6.2M Coverage Claims Over Fatal Crash

    New York’s highest court on Monday reinstated $6.2 million worth of claims against the insurers of DHL Worldwide Express Inc. and a contractor over a fatal car crash, saying a lower court jumped the gun by dismissing the claims.

  • November 20, 2017

    Abbvie Says Medical Mutual Being 'Cagey' In Androgel MDL

    Medical Mutual of Ohio is refusing to answer AbbVie Inc.'s request for more detail on the basic premise behind its potential class action accusing AbbVie of fraudulently marketing its testosterone replacement therapy drug Androgel, the drugmaker told an Illinois federal court Monday.

  • November 20, 2017

    Treasury Looks To Ease Firms' Escape From Tougher Scrutiny

    A Friday report from the U.S. Department of the Treasury outlined potential changes to the way financial regulators evaluate whether insurers and other nonbank financial firms should be subjected to increased capital and other requirements, and may give those companies ammunition to challenge such a designation.

  • November 20, 2017

    Security Co.'s Shooting Claims Not Covered, 10th Circ. Says

    An event security company's liability policy does not cover underlying claims following a deadly shooting by an off-duty police officer outside a concert, the Tenth Circuit ruled Monday, citing clear exclusions.

Expert Analysis

  • Does Your D&O Policy Really Cover Gov't Investigations?

    Lilit Asadourian

    Many directors and officers insurance policies purport to insure the fees and costs companies incur in responding to government investigations. However, a recent Tenth Circuit decision in MusclePharm v. Liberty Insurance Underwriters calls into question the scope of such coverage, say attorneys with Reed Smith LLP.

  • Opioid Insurance Litigation Is Mounting With Mixed Results

    Scott Seaman

    With suits pending across the country against manufacturers, distributors, pharmacies and others, we are currently in the early stages of the opioid insurance coverage war. Decisions so far primarily address accident and fortuity issues, application of product exclusions and whether claims involve damages "because of" or "for" bodily injury, says Scott Seaman of Hinshaw & Culbertson LLP.

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Gauging NJ Insurance Brokers' Standard Of Care Since Sandy

    Gary Strong

    When a catastrophe strikes and insurance companies either deny coverage or limit the coverage provided, the insurance broker is in the crosshairs of what can turn out to be a litigious claim. Gary Strong of Seiger Gfeller Laurie LLP explores the duty of insurance brokers in New Jersey and how these duties come into play, particularly after Superstorm Sandy.

  • Illinois Biometrics Privacy Suits Bring Insurance Questions

    Jonathan Schwartz

    In the past two years, we witnessed a wave of putative class actions filed under Illinois’ Biometric Information Privacy Act, with the rate of filings increasing exponentially in recent months. Insurers should take note of their potential coverage obligations under various policies, say Jonathan Schwartz and Colin Willmott of Goldberg Segalla LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Calif.'s New Focus On Drug Pricing Transparency

    John Chelsey

    California Gov. Jerry Brown recently signed SB-17, a law intended to foster transparency in connection with drug pricing and its impact on insurance costs. The law imposes significant new reporting requirements on many drug manufacturers, pharmacy benefit managers, and health care service plans and health insurers operating in California, say attorneys with Ropes & Gray LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.