Insurance

  • July 14, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As regional spikes in COVID-19 cases continued to temper reopening efforts over the past week, California officials ordered the closure of a wide swath of businesses and unveiled plans to bolster firefighting reserves, while Florida Gov. Ron DeSantis held a roundtable with mayors following record-high positive test results over the weekend and New York launched a quarantine compliance initiative in airports.

  • July 14, 2020

    Insurer Says It Needn't Defend Day Care's Wrongful Death Suit

    Scottsdale Insurance Co. told a Texas federal court that it does not have to defend a $1 million suit accusing its policyholder, a day care company, of negligence for a child's death after being left in a hot bus, saying that the policy excludes injuries from any auto vehicle use.

  • July 14, 2020

    Travelers Jumped Gun In HD Fowler Suit, Judge Finds

    A Washington federal judge on Tuesday tossed a suit by Travelers Property Casualty Co. of America against H.D. Fowler Co. over coverage for defective water pipes, saying the insurer couldn't sue to disclaim coverage because there isn't any sign yet that the contractor would be sued over the incident.

  • July 14, 2020

    Insurer Says Policy Isn't Triggered In COVID-19 Coverage Suit

    Society Insurance Inc. on Monday told an Illinois federal judge that a group of theaters and restaurants can't get coverage for their COVID-19-related business interruption claims because the policy provisions they cited haven't been triggered.

  • July 14, 2020

    Rising Star: Mintz's Laura Bange Stephens

    Laura Bange Stephens of Mintz Levin Cohn Ferris Glovsky and Popeo PC has been instrumental in securing major coverage and settlement decisions for Liberty Mutual Insurance Co., ranging from decades-old sexual abuse claims to bankruptcy issues, landing her among the insurance law practitioners under age 40 honored as Law360 Rising Stars.

  • July 14, 2020

    Why Can't Female Lawyers Make Headway At The High Court?

    The number of female lawyers arguing before the U.S. Supreme Court hit a new low this year. Can the pipeline to these coveted oral argument slots be fixed?

  • July 14, 2020

    Law360's Supreme Court Pop Quiz

    Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.

  • July 13, 2020

    McDermott Nabs Ex-Insurance Co-Chair From Quinn Emanuel

    McDermott Will & Emery hired away the former co-chair of Quinn Emanuel Urquhart & Sullivan LLP's insurance and reinsurance litigation group to bolster the firm's growing litigation team.

  • July 13, 2020

    Berkshire Hathaway Fights Bid To Invalidate Virus Exclusion

    Berkshire Hathaway and one of its units on Monday urged a Pennsylvania federal court to toss a restaurant's suit seeking insurance coverage for losses caused by the COVID-19 pandemic, arguing that a virus exclusion "plainly applies" to the restaurant's claims.

  • July 13, 2020

    6th Circ. Backs Class Cert. In State Farm Labor Costs Suit

    The Sixth Circuit on Friday upheld the certification of a class of State Farm policyholders who allege the insurer improperly depreciated the costs of labor when deciding the sum owed on their damaged or destroyed homes, agreeing with a lower court that class treatment is proper because the policyholders' claims involve a common legal question.

  • July 13, 2020

    The Sharpest Dissents From The Supreme Court Term

    The majority of this term’s dissents came from the court’s right-leaning justices, and many of their sharpest critiques stemmed from suits over Trump administration policies. Here, Law360 looks at some of the fieriest.

  • July 13, 2020

    8th Circ. Backs Wellmark's Win In Suit Over Lactation Services

    The Eighth Circuit on Monday affirmed a lower court's toss of two women's proposed class suit claiming that Wellmark's handling of lactation support and counseling services ran afoul of the Affordable Care Act, saying their arguments in the case ran counter to the plain language of the law.

  • July 13, 2020

    Securities Litigation To Watch In 2020: Midyear Report

    Securities litigation during the first half of 2020 has been dominated by cases related to the ongoing COVID-19 pandemic and its many effects on the economy.

  • July 13, 2020

    10th Circ. Says Insurer Needn't Cover Homeowners' Hail Loss

    The Tenth Circuit said Monday that Country Financial Insurance Corp. correctly calculated a Colorado homeowner association's loss from a 2016 hailstorm as more than $1 million, upholding the lower court's ruling that the insurer owes nothing because the repair cost did not exceed the policy's deductible.

  • July 13, 2020

    Six Firms Steer Five IPO Launches That Could Raise $501M

    Five biotechnology and medical device companies on Monday joined a packed schedule of initial public offerings, setting price ranges on IPOs estimated to raise a combined $501 million this week, guided by six law firms.

  • July 13, 2020

    The Funniest Moments Of The Supreme Court's Term

    Justice Stephen Breyer conjured up a baffling hypothetical involving a Roman emperor, Chief Justice John Roberts stepped up his game on popular slang, and a toilet flushed loudly as a Latham & Watkins lawyer discussed constitutional rights. Here, Law360 highlights the most mirthful moments from this past term's U.S. Supreme Court arguments.

  • July 13, 2020

    The Chattiest Justice Of The Term Is ...

    One justice again stood out as the chattiest member of the Supreme Court this term. But that jurist's talk was tempered when the coronavirus pandemic forced the court to close its doors and conduct remote oral arguments, which were livestreamed for the first time in history.

  • July 13, 2020

    Restasis Buyers Seek $16M Atty Fees In Antitrust Case

    A class of buyers that reached a $51 million settlement with Allergan over allegations that it illegally kept generic rivals to its dry eye treatment Restasis off the shelves has asked a New York federal judge for more than $16 million in attorney fees and about $2 million in costs.  

  • July 13, 2020

    Rising Star: Covington's Dustin Cho

    Covington & Burling LLP partner Dustin Cho has been instrumental in helping the NFL reach settlements with several of its insurers over coverage for former players' concussion claims, landing him a spot among the insurance practitioners under 40 honored as Law360 Rising Stars.

  • July 13, 2020

    Clyde & Co. Adds Cybersecurity Partner From Pinsent Masons

    Law firm Clyde & Co. has brought on a new expert in cybersecurity and cybercrime from Pinsent Masons as part of its plan to boost its specialization in the field of virtual warfare as corporations face an increasing threat from online criminals.

  • July 10, 2020

    The Top Cybersecurity And Privacy Rulings So Far In 2020

    From a Maryland federal judge recognizing the value of personal data in today's economy to a Virginia court sending companies scrambling to keep post-data breach discussions secret, it's been a busy few months in cybersecurity and privacy litigation. Here are five rulings worth revisiting as we head into the year's second half.

  • July 10, 2020

    11th Circ. Affirms Bulk Of Ala. Doctors' 'Pill Mill' Convictions

    The Eleventh Circuit on Friday affirmed the convictions of two Alabama doctors found guilty of running a massive "pill mill" operation but ordered resentencing after finding insufficient evidence to support conviction on one charge alleging an illegal kickback conspiracy.

  • July 10, 2020

    The Majority Of One: How Roberts Is Shaping The Court

    The 2019 term has removed all doubt: Chief Justice John Roberts Jr. is the power broker on the U.S. Supreme Court. But unlike past swing justices, the nation's top jurist puts the reputation of the court before his own conservative instincts and is willing to compromise when he needs to.

  • July 10, 2020

    Breaking Down The Vote: The High Court Term In Review

    A docket packed with divisive cases. Experiments in remote oral arguments. Defining moments for the court’s new swing justice. Here, Law360 takes a data dive into the numbers behind this historic court term, when the unexpected reigned supreme.

  • July 10, 2020

    The Firms That Won Big At The Supreme Court

    Supreme Court oral arguments are always a high wire act. This term, a global pandemic, a docket of hot-button cases and an experiment with remote technology took the challenge to new heights. Here’s a look at the law firms that argued the most, and how they fared.

Expert Analysis

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • PPP Loans Create 2 Issues For Virus Biz Interruption Claims

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    Insurers may be able to reduce or deny business insurance coverage to policyholders who receive Paycheck Protection Program loans, although they should be prepared to face challenges to such arguments, say Glenn Jacobson and Mark Binsky of Abrams Gorelick.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Entertainment Cos. May Not Be Insured For Pandemics

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    With COVID-19 leading to the cancellation or postponement of film and television productions, concerts and sports events, entertainment companies must carefully review their insurance policies to determine whether their losses are covered, since contractual language varies widely, say Cassandra Franklin and Bruce Friedman at JAMS.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

  • Opinion

    Medicare Secondary Payer Proposal Should Set Fair Penalties

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    The Centers for Medicare & Medicaid Services' proposed rule establishing penalties for Medicare secondary payer late reporting unduly punishes entities for making good faith efforts to disclose claims, says Re Knack at the Medicare Advocacy Recovery Coalition.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Leaving The Tort System Behind Via Corporate Risk Transfer

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    With an increasingly litigious tort environment for corporate defendants, companies holding legacy liabilities would do well to investigate a capital markets solution for transferring their risks, say Mark Hemmann at FARA LLC and Peter Kelso at Roux Associates.

  • Wash. ERISA Ruling Paves Way For Access To Health Benefits

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    A Washington federal court’s recent decision that a hotel industry health care ordinance is not preempted by the Employee Retirement Income Security Act in ERISA Industry Committee v. Seattle is a critical step toward making health care universally available, particularly for low-wage, nonunion employees, says Mark DeBofsky at DeBofsky Sherman.

  • Using The M&A Slowdown To Prepare A Portfolio Co. For Sale

    Excerpt from Lexis Practice Advisor
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    Dealmakers can take advantage of COVID-19’s dampening effect on M&A activity to work through timing, pandemic considerations and sale process coordination for portfolio company sales so their deals will be ready when the market eventually picks back up, say Michael Gilligan and Caitlin Cornell at Schulte Roth.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Opinion

    Fla. Sports Bar's COVID-19 Insurance Claim Should Proceed

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    Florida-based Prime Time Sports Grill's lawsuit seeking insurance coverage for COVID-19 business interruption should withstand Certain Underwriters at Lloyd's of London's motion to dismiss because the insurer's arguments ignore physical loss caused by the pandemic and are not supported by relevant case law, says Micah Skidmore at Haynes and Boone.

  • 5 Things To Expect In Vertical Merger Reviews

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    Based on their experience working on the CVS Health-Aetna merger, Rani Habash at Dechert and Steven Tenn and Omar Farooque at Charles River Associates provide insight into how the antitrust agencies are likely to assess vertical issues in proposed transactions.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

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