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  • June 21, 2018

    Insurer Can't Recover Costs From Engine Transport Snafu

    An insurer for a General Electric unit cannot put shipping company Agility Logistics Corp. on the hook for the costs to inspect a jet engine that Agility failed to transport properly, a New York federal judge ruled Thursday, holding that the insurance company’s suit is barred under an international treaty because the engine was not damaged in transit.

  • June 21, 2018

    Pella Class Rejects $5M Fee Bids After Inking Bigger Deal

    Consumers in a class action accusing Pella Corp. of selling leaky windows that cause rot on Wednesday lambasted two parties’ attempt to recoup nearly $5 million in attorneys’ fees from their pending $25 million settlement in Illinois federal court, saying the two should not be rewarded for work that only delayed the suit’s resolution.

  • June 21, 2018

    These Practices Will Drive Legal Hires In The Next 6 Months

    More than half of U.S.-based lawyers anticipate this practice will drive job growth at their firms or companies throughout the second half of 2018, according to a survey released by legal staffing and consulting solutions company Robert Half Legal on Thursday.

  • June 21, 2018

    PBMs, Insurers Back Anthem, Express Scripts In Pricing Suit

    Two trade associations for pharmaceutical benefits managers and health insurers have thrown their support behind Anthem Inc. and Express Scripts Inc. in a dispute at the Second Circuit over the companies’ drug pricing, arguing that the companies weren’t acting as fiduciaries when they contracted together.

  • June 21, 2018

    Sports Co. Must Face Liberty Mutual's Coverage Suit

    A New York federal judge found Thursday that Liberty Mutual can go forward with a suit seeking indemnification from an exercise device manufacturer it claims sold its policyholder a design for a defective product and left the insurer on the hook for a $650,000 settlement.

  • June 21, 2018

    DOL's Fiduciary Rule's Demise Made Official By 5th Circ.

    The Fifth Circuit on Thursday closed the book on the U.S. Department of Labor’s controversial 2016 fiduciary rule, which required retirement advisers to act in the best interest of clients, issuing a mandate that officially vacates the rule three months after a divided panel invalidated it.  

  • June 21, 2018

    SEC Accuses Pa. Man Of Stealing $1.3M From Investors

    The U.S. Securities and Exchange Commission on Thursday accused a Pennsylvania insurance agent of running a $1.27 million Ponzi scheme, using funds taken from investors to pay his own expenses instead of putting them in an index fund as he’d promised.

  • June 21, 2018

    Kutak Rock Scores Insurance Expert In Philly

    Kutak Rock LLP has nabbed a Philadelphia insurance litigator to bolster the firm's nationwide litigation practice group, which currently has more than 50 insurance attorneys.

  • June 21, 2018

    3rd Circ. Says Ex-Ace Insurance VP Must Arbitrate Firing Case

    The Third Circuit has determined that a former Ace American Insurance Co. vice president must arbitrate his claims he was fired for telling his supervisors the company was destroying documents that might become relevant in litigation, ruling he was bound by an arbitration agreement he signed when he was hired.

  • June 20, 2018

    Allstate Must Face Conn. Homeowners' Bad Concrete Suit

    Allstate Insurance Co. must face a lawsuit alleging it wrongfully denied coverage for damage to a Connecticut couple's home tied to a defective concrete foundation, a federal judge ruled Wednesday, in the latest decision in a wave of insurance disputes over faulty foundations that has swept the state.

  • June 20, 2018

    Wells Fargo Gets Some Claims Curbed In Auto Insurance MDL

    Wells Fargo Bank NA and National General Insurance largely beat back multidistrict litigation alleging the pair conspired to force unnecessary insurance on borrowers’ car loans when a federal judge in California eliminated a slew of state and federal claims.

  • June 20, 2018

    Senate Fails To Pass $15B In Cuts To CHIP, Car Tech Funding

    The U.S. Senate voted down President Donald Trump’s attempt to pull back $15 billion in already authorized spending for the Children’s Health Insurance Program, car technology research and other areas Wednesday, as two key Republican senators joined Democrats to torpedo the proposal.

  • June 20, 2018

    Costs For Financial Crisis Suits Against Attys Still Climbing

    A decade and counting after the tanking global economy triggered a deluge of lawyer-targeted litigation, the costs for financial crisis-era malpractice suits continue to climb, according to insurer data released this week.

  • June 20, 2018

    Construction Co. Asks 3rd Circ. To Rehear Insurance Row

    Lenick Construction Inc. on Wednesday asked the Third Circuit for one more chance to prove that a faulty construction lawsuit should be covered by its insurance, saying the appeals court got it wrong when it refused to consider a report that shows some materials may have been damaged before Lenick installed them.

  • June 20, 2018

    No-Cause Payout Subject To Workers' Comp Lien, Court Says

    A New Jersey appeals court on Wednesday said a police officer receiving the low amount in a high-low agreement with parties he sued for malpractice after being injured in a work-related accident owes some of that money toward a workers' compensation lien, despite an arbitrator finding no cause in his case.

  • June 20, 2018

    Ex-NHL Player's Disability Suit Barred By ERISA, Judge Says

    A Texas federal judge on Wednesday threw out a former NHL player’s case alleging an insurer mishandled his disability claim, saying the suit consisted solely of state law claims that are preempted by the Employee Retirement Income Security Act.

  • June 20, 2018

    Wilmington Bank Can Keep Attorney In Insurance Row: Judge

    A New Jersey federal judge ruled on Tuesday that a bank can keep its attorney in a dispute over whether a homeowner improperly cashed an insurance check for herself, finding that the attorney’s referral of the case to a prosecutor didn’t warrant disqualification.

  • June 20, 2018

    Pa. High Court Rules Insurer Can't Get Maimed Worker's Cash

    The Pennsylvania Supreme Court has ruled that the state's workers' compensation law doesn't entitle a butcher or its insurer to recover the cost of providing ongoing medical care from an employee's injury settlement.

  • June 20, 2018

    Recycling Bin Not A 'Vehicle' Under Insurance Policy: Judge

    A New York federal judge on Tuesday found Fireman’s Fund Insurance does not have to pay an apartment building’s owners for a claim regarding a gas line ruptured by a wheeled recycling bin, saying the owners’ claim the bin was a “vehicle” stretched the definition of the word too far.

  • June 20, 2018

    Mintz Levin Adds Ex-MoFo Corporate Partner In San Diego

    Mintz Levin Cohn Ferris Glovsky and Popeo PC has hired a former Morrison & Foerster partner who advises insurers, software clients, and medical device and life sciences companies in billion-dollar mergers and acquisitions, securities offerings, and corporate governance, Mintz Levin announced recently.

Expert Analysis

  • FDA Clarifies Communication Rules For Medical Product Cos.

    Douglas Hallward-Driemeier

    The U.S. Food and Drug Administration recently provided drug and device manufacturers additional flexibility to convey certain types of truthful, nonmisleading product information. These guidance documents address FDA regulation of manufacturer communications, but the FDA still has work to do to complete its comprehensive review of policies in this area, say attorneys at Ropes & Gray LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • 2 Avenues Of Insurance Coverage For Cryptocurrency Theft

    Fiona Chaney

    This month, cryptocurrency exchange Conrail reported that hackers stole $37 million of its virtual currency, marking the second high-profile cryptocurrency theft this year. In order to maximize potential recovery, companies should carefully review both their commercial crime and cyber policies before a theft or other loss occurs, says Fiona Chaney of Pasich LLP.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Make Sure Your Cyber Insurance Is Ready For GDPR

    Joseph Fields

    Because cyber insurance policies are not standardized, potential differences in language could affect coverage in the General Data Protection Regulation age. Special attention should be paid to insuring language, triggers, most favored venue and jurisdiction wording, and other clauses, says Joseph Fields of Offit Kurman PA.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • No Arbitration For Insurance Disputes In Puerto Rico

    Anaysa Gallardo Stutzman

    For insurers and insureds caught in the chaos of the claims left behind by the 2017 Atlantic hurricane season in Puerto Rico, even an agreement to arbitrate would violate Puerto Rico's Insurance Code, and as such should be avoided, says Anaysa Stutzman of Zelle LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Excess D&O In Del.: A Safe Forum For Exhaustion Disputes

    Daniel Wolf

    Excess directors and officers insurers have become increasingly aggressive in denying coverage based on a line of cases holding that exhaustion language found in many excess D&O policies requires full payment from underlying insurers. Policyholders incorporated in Delaware can alleviate this risk by litigating the issue in Delaware courts, says Daniel Wolf of Gilbert LLP.

  • Amended Fiduciary Rule: Done, Done, On To The Next One

    Andrew Oringer

    The deadline for appealing the Fifth Circuit's decision on the amended fiduciary rule to the U.S. Supreme Court expired on June 13, and — pending the Fifth Circuit's mandate ordering the U.S. Department of Labor to officially strike it down — the rule is no more. So, what now? Will the clock be turned back to an earlier time? Maybe not completely, say Andrew Oringer and Aryeh Zuber of Dechert LLP.