More Insurance Coverage

Expert Analysis

• What Banks Can Glean From FSB Climate Risk Report

  

  Although a recent Financial Stability Board report doesn't aim to provide specific guidance to financial institutions on how to incorporate climate-related metrics into their frameworks, it may nonetheless be valuable given the general lack of comparative data on evolving climate-related compensation practices elsewhere, say attorneys at Sullivan & Cromwell.

• AmEx Ruling Proves A Double-Edged Sword In Labor Antitrust

  

  Though the U.S. Supreme Court's 2018 decision in Ohio v. American Express was a defense victory, both the plaintiff and defense bars have learned to use the case's holdings to their advantage, with particularly uncertain implications for labor antitrust cases, say Lauren Weinstein and Robert Chen at MoloLamken.

• High Court Ax Of Atty-Client Privilege Case Deepens Split

  

  The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.

• Biden Admin.'s Anti-Merger Stance Is Leading To Bad Policies

  

  A U.S. Department of Justice Antitrust Division speech reflects the Biden administration's goal to move enforcement in a markedly anti-merger direction, an approach that is leading to bad policies and enforcement decisions, says Cleary attorney David Gelfand, a former DOJ Antitrust Division official.

• Atty-Client Privilege Arguments Give Justices A Moving Target

  

  Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.

• Privacy Ruling Highlights Risks Of Third-Party Web Tracking

  

  The Ninth Circuit’s recent ruling in Javier v. Assurance — that third-party session replay software usage without user consent may violate a California privacy law — highlights why companies should remain proactive and review all technologies that collect information from their websites, say attorneys at K&L Gates.

• Why Warranty Providers May Explore CCPA Exemption

  

  In order to prepare for the coming wave of state consumer privacy laws across the country, organizations in the extended warranty industry should assess their exposure to the California Consumer Privacy Act and the applicability of the Gramm-Leach-Bliley Act’s exemption, say attorneys at Locke Lord.

• ERISA Ruling Reinforces Claimant Right To Know Denial Basis

  

  A Louisiana federal court’s recent ruling in Rushing v. Sun Life Assurance, finding that an insurer could not remand a case to raise a new basis for a benefit denial, reinforces claimants' rights and illustrates how limited court review in Employee Retirement Income Security Act litigation can prevent insurers from raising new rationales for denial post-filing, says Mark DeBofsky at DeBofsky Law.

• What To Expect From The Post-Midterms Lame-Duck Session

  

  Depending on the results of the midterm elections, the upcoming lame-duck session may be the last chance for Congress to enact meaningful legislation for the next several years, so organizations must push through legislative priorities now, lest they are forced to restart their efforts in a much different environment next year, says James Brandell at Dykema.

• Why Courts Are Rejecting Agencies' Merger Challenges

  

  Recent losses for the U.S. Department of Justice and the Federal Trade Commission show how difficult it is for the agencies to challenge transactions based on certain theories — and that merging parties can close difficult transactions if they are willing to fight regulators in court, say attorneys at McDermott.

• 2nd Circ. Securities Ruling May Encourage Fraud

  

  The Second Circuit's recent decision in Menora v. Frutarom, intended to clarify when defrauded purchasers have standing under securities laws, is inconsistent with well-settled law and creates wide-reaching uncertainty that will likely incentivize fraud, say attorneys at Labaton Sucharow.

• Lessons From 3 Antitrust Agency Losses In Merger Trials

  

  The government lost three antitrust agency merger trials last month, underscoring the need for companies considering strategic deals to first weigh a number of factors, including the viability of litigating before an impartial judge, say Gorav Jindal and Brian Rafkin at Akin Gump.

• Boy Scouts Ch. 11 Case Highlights Third-Party Release Split

  

  The Delaware bankruptcy court's recent approval of major parts of the Boy Scouts’ Chapter 11 plan showcases a split among federal district courts as to whether bankruptcy courts have the constitutional authority to approve third-party releases on a final basis, bringing unpredictability and ambiguity to settlements and dealmaking, say attorneys at V&E.