Insurance

  • 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.

  • July 10, 2020

    Pa. Hospital Says Virus Exclusion Doesn't Apply To 'Expenses'

    A Pennsylvania hospital urged a federal judge to rule that its "loss of use" of buildings and facilities because of state-mandated COVID-19 closures is a physical loss covered under its policy with Travelers Property Casualty Co., adding that the policy's virus exclusion only applies to coverage of "losses" but not to "business expenses."

  • July 10, 2020

    Bar Claims Insurer Overcharged Premiums During COVID-19

    A Michigan sports bar sued EMC Insurance on Friday, saying that because it had to drastically curtail its operations during government-mandated shutdowns to stem COVID-19, the insurer should refund the premiums it received for liability insurance during that time.

  • July 10, 2020

    Ore. Justices Revoke State's Pain And Suffering Damages Cap

    The Oregon Supreme Court has struck down a state law limiting noneconomic damages in personal injury cases to $500,000, finding the statute to be unconstitutional because it violates the legal remedy clause of the Oregon Constitution.

  • July 10, 2020

    Life Insurance Co. Wants $524M Award OK'd

    Universal Life Insurance Co. is urging a New York federal court to enforce a $524 million arbitral award against a Bermuda insurance company following a dispute that arose after its controlling owner, who was convicted earlier this year of federal bribery charges, allegedly improperly drained assets from an underlying trust account.

  • July 10, 2020

    Miss. Businessman Pleads Guilty To $288M Tricare Fraud

    A Mississippi man has pled guilty to orchestrating a $287.6 million scheme to defraud Tricare by paying doctors and drug distributors kickbacks to refer unnecessary compounded medication prescriptions to his pharmacies, and will forfeit more than $50 million worth of property, luxury cars and an airplane.

  • July 10, 2020

    Rising Star: Anderson Kill's Raymond A. Mascia Jr.

    With wins under his belt representing the Port Authority of New York and New Jersey in an asbestos coverage suit against AIG and obtaining Superfund site coverage for Siltronic Corp., Anderson Kill PC's Raymond Mascia has been named one of the insurance attorneys among Law360's 2020 Rising Stars.

  • July 10, 2020

    Taxation With Representation: Simpson, Wachtell, Debevoise

    In this week's Taxation With Representation, KKR snaps up financial services company Global Atlantic for $4.4 billion, Uber gobbles up food-delivery service Postmates in a $2.65 billion deal, and Blackstone takes a stake in three Hollywood studios.

  • July 10, 2020

    Insurer Says COVID-19 Not 'Physical Loss,' So No Coverage

    The Cincinnati Casualty Co. is asking a Pennsylvania federal court to throw out claims that a bar and restaurant is owed coverage for losses after the state closed nonessential businesses in response to COVID-19, saying the policy only covers physical damage, not a virus transmitted from human to human.

  • July 10, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen the U.S. Securities and Exchange Commission seek disclosure against a tech entrepreneur, a Bank of America Merrill Lynch employee target his employer in a new round of litigation, and business consulting giant Turner & Townsend sue in connection with the U.K.'s major rail project. Here, Law360 looks at those and other new claims in the U.K.

  • July 09, 2020

    High Court Sends Birth Control Coverage Cases To 9th Circ.

    The U.S. Supreme Court on Thursday undid a Ninth Circuit injunction that blocked a pair of Trump administration rules making it easier for employers to skirt the Affordable Care Act's contraception mandate, a day after the justices upheld the regulations in a similar case.

  • July 09, 2020

    Civil Rights Attys Fear Religious Turn At High Court

    The U.S. Supreme Court's recent decision in Trump v. Pennsylvania could devastate American workers who use birth control in the short term while chipping away at nondiscrimination protections in the long term, civil rights advocates say.

  • July 09, 2020

    Insurer Needn't Cover Trucking Co. In Human Trafficking Suit

    A Pennsylvania federal judge told Landmark American Insurance Co. it doesn't need to pay defense costs in a migrant worker's suit accusing its policyholder, a trucking company, of human trafficking and workplace mistreatment, holding that the allegations in the underlying suit aren't covered under the insurer's policy.

  • July 09, 2020

    Coronavirus Q&A: Holland & Knight Health Team Leader

    In this edition of Coronavirus Q&A, Holland & Knight's health team leader in Florida discusses how hospitals expect to allocate finite resources as Sunshine State infections surge, how "outright criminals" scammed health care providers on protective equipment and how fixed-income reimbursement arrangements are helping providers weather the pandemic's financial storm.

  • July 09, 2020

    Feds Indict 4 In Alleged $34M Pharma Kickback Scheme

    A federal grand jury has indicted four men allegedly behind a $34 million scheme by a now-shuttered ScripsAmerica subsidiary pharmacy based in New Jersey that paid kickbacks to marketers in the form of referral fees, the U.S. Department of Justice announced Thursday.

  • July 09, 2020

    Coronavirus Litigation: The Week In Review

    A federal court for the first time decided a COVID-19 insurance coverage case on the merits, ruling against a policyholder, while Amazon says workers are exploiting the coronavirus pandemic for workplace reforms, and a coalition of states is suing the U.S. Department of Education over a new rule it says will unfairly limit public schools' access to coronavirus relief funding.

Expert Analysis

  • 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.

  • History Can Inform Pandemic Biz Interruption Insurance Cases

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    Historical catastrophes like the SARS epidemic, the 9/11 terrorist attacks and asbestos exposure provide helpful context for understanding the scale of current insurance litigation stemming from coronavirus-related business interruption, say Anne Gron and Georgi Tsvetkov at AlixPartners.

  • Fla. Suit Reveals Insurer Defense Against COVID-19 Coverage

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    A motion recently filed in Florida federal court by a Lloyd's insurer seeking to dismiss policyholder Prime Time Sports Grill's lawsuit provides insight into how insurers might argue against coverage for business income losses related to COVID-19, say attorneys at Goldberg Segalla.

  • Key Tax Factors To Consider Before Accepting PPP Loans

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    Taxpayers should weigh the costs and benefits of Paycheck Protection Program loans, as they affect the deductibility of certain costs of doing business and invalidate employee retention tax credits, also available under the Coronavirus Aid, Relief, and Economic Security Act, say Libin Zhang and Xenia Garofalo at Fried Frank.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • Contingent Fees A Great Option For Cos. During Downturn

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    In-house counsel may assume that "elite" law firms will turn up their noses at the idea of contingent fees, but such arrangements, whether pure or hybrid, are offered by many firms — even to defendants — and may be the answer to tight litigation budgets, say attorneys at Fish & Richardson.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • NJ Law Favors Insureds In COVID-19 Biz Interruption Suits

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    The loss of functionality and efficient proximate cause doctrines under New Jersey insurance law may provide a favorable litigation atmosphere for policyholders in disputes over COVID-19 business interruption coverage, say attorneys at Anderson Kill.

  • What COVID-19 Means For The M&A Insurance Market

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    Alvin Reynolds and Richard French at Atlantic Global Risk address the impact of COVID-19 on M&A insurance market dynamics, policy terms and claims, and explain new applications to support distressed transactions. 

  • How Much Should Insurers Pay Hospitals For COVID-19 Care?

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    Because the CARES Act does not say how much health plans should pay hospitals for a patient's COVID-19 care, disputes over reimbursements will require careful analysis of costs and Medicare payment rates, says Matthew List at Charles River.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Pa. Insureds' Path To Pandemic Biz Interruption Coverage

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    Although some insurers argue that COVID-19 losses do not satisfy business interruption coverage's direct physical loss requirement, Pennsylvania's broad interpretation of insurance contracts may allow policyholders to successfully fight for coverage despite potential virus exclusions, say attorneys at Montgomery McCracken.

  • 5 Tips For Emergency Relief Petitions During COVID-19

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    Business disputes are not a priority for courts right now, so companies looking to protect their trade secrets or rights to contractual performance must tailor their requests for emergency relief to the unique circumstances of this time, says Shannon Armstrong at Holland & Knight.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

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