• March 15, 2018

    Ex-McKinsey Consultant Gets 2 Years In Expense-Fraud Plot

    A former McKinsey & Co. Inc. director was sentenced to two years in prison Wednesday after admitting to a nearly $600,000 expense-fraud scheme he ran with a State Farm employee.

  • March 15, 2018

    Insurers Reach Deal To End Cancer Benefits Class Action

    Washington National Insurance Co. and Conseco Health Insurance Co. told a federal judge Wednesday that they have agreed to settle a proposed class action from two West Virginia residents who claimed the insurers wrongfully denied them benefits under a cancer policy.

  • March 15, 2018

    Capgemini Workers Nab Class Cert. In Health Benefits Row

    An Illinois federal judge certified a class of current and former Indian national employees of Capgemini North America Inc. for most of their claims Wednesday in a lawsuit alleging the consulting firm cheated the workers out of health insurance benefits.

  • March 15, 2018 Wants Insurer To Cover Hidden Fees Fight

    Hotel booking site said that Scottsdale Indemnity Co. has a duty to defend it in a proposed class action accusing the company of hiding booking fees from customers, telling a Florida federal court Thursday that the insurer’s refusal to provide coverage is a breach of duty.

  • March 15, 2018

    Drugmakers Get Blowback As 340B Changes Gain Steam

    Republican-led efforts to increase hospital transparency in the 340B drug discount program encountered turbulence on Capitol Hill on Thursday as Democrats spotlighted secrecy surrounding drugmaker pricing practices.

  • March 15, 2018

    Reed Smith Settles Pa. Malpractice Case Over Fire Coverage

    Reed Smith LLP and an ex-client on Tuesday said that they had reached a deal to resolve claims that the firm botched a $20.5 million insurance settlement after a fire at a historic suburban Philadelphia mansion.

  • March 15, 2018

    Verso Says It Didn't Pledge Lifetime Benefits To Retirees

    Verso Corp. asked an Ohio federal court Wednesday to end a putative class action filed by retired members of the United Steelworkers union who said the company had broken a promise to provide them life insurance benefits for life, asserting that the parties’ contract made no such guarantee.

  • March 14, 2018

    9th Circ. Upholds Ruling On Pigeon Poop Deal Coverage

    The Ninth Circuit affirmed a lower court's ruling that California Capital Insurance Co. must shoulder alone an apartment complex’s $1.9 million settlement with a tenant who developed a disease from pigeon-dropping dust, finding Tuesday that the property manager's insurer need not share in the costs because it had a legitimate carveout in its policy.

  • March 14, 2018

    Mayer Brown Gets Litigation Atty From Norton Rose In Texas

    Mayer Brown LLP recently announced it has hired away from Norton Rose Fulbright a commercial litigation partner who specializes in insurance, intellectual property disputes and patent litigation to join its Houston office.

  • March 14, 2018

    New AHIP Chief Dishes On Health Policy Vision

    The incoming CEO of lobbying group America’s Health Insurance Plans on Wednesday vowed a vigorous campaign for Affordable Care Act stabilization measures and described a host of policy priorities involving drug prices, employee benefits and entitlement programs.

  • March 14, 2018

    Patriot Nat'l Drops Some Ch. 11 Releases From Disclosure

    Pressed by creditors and a judge's comments, bankrupt insurance services provider Patriot National Inc. on Wednesday removed from its Chapter 11 disclosure statement terms that bar creditor damage or liability claims against a key lender and other nondebtor groups.

  • March 14, 2018

    Insurer Loses 11th Circ. Fee Bid After Winning Coverage Row

    The Eleventh Circuit said Monday that Mid-Continent Casualty Co. cannot recoup legal fees in a construction-design policyholder’s coverage suit over underlying copyright litigation, because the types of claims in the suit made Mid-Continent ineligible for recovery regardless of a settlement offer the insurer had said earned it the fees.

  • March 14, 2018

    4 Important Insurance Decisions To Watch For This Spring

    Insurance companies and policyholders will be keeping an eye out this spring for courts' guidance on a slew of key insurance issues, including the Florida Supreme Court's decision on the requirements for holding an insurer liable for bad faith claims handling and a federal court's ruling on whether a traditional liability policy covers data breach losses. Here, Law360 looks at four rulings to watch for over the next few months.

  • March 14, 2018

    NJ Pharmacy Sues Insurer Over Lack Of Coverage

    A New Jersey pharmacy and its president have hit their insurance broker with a negligence suit in state court, blaming him for selling them a policy they say had gaping coverage holes that forced the pharmacy to settle an employee retaliation suit out-of-pocket.

  • March 14, 2018

    Lack Of Citibank Stamp Tanks $695M RMBS Suit, Judge Told

    The Federal Deposit Insurance Corp.’s failure to nab Citibank’s signature on its claims in a $695 million mortgage-backed securites suit should stop the suit in its tracks, the defendant banks told a New York federal judge in a brief on Tuesday, saying the amended complaint should be tossed.

  • March 14, 2018

    Insurer's $2.7M Suit Against Surveyors Too Late, Judge Says

    Commonwealth Land Title Insurance Co. brought claims against two surveyors too late, a D.C. federal judge said Tuesday, ruling the insurer’s $2.7 million negligence suit over faulty surveying was clearly barred by a three-year statute of limitations.

  • March 14, 2018

    Insurer, Heart Association Duck TCPA Texting Suit

    A Louisiana federal judge has nixed a proposed class action accusing a health insurance provider of duping consumers into signing up for informational texts that were really part of a charity's advertising scheme, saying the texts were solicited and clearly not commercial.

  • March 13, 2018

    NFL Board Must Redo Ex-Cornerback's Benefits Case

    A California federal judge on Monday ordered an NFL retirement plan board to re-evaluate former NFL cornerback Charles Dimry’s permanent disability benefits application after finding a plan board improperly defaulted to its appointed doctors when denying the player’s bid for benefits.

  • March 13, 2018

    Halliburton Need Not Arbitrate $12M Row, 5th Circ. Hears

    Halliburton Energy Services Inc. told the Fifth Circuit on Monday that a $12 million dispute with Ironshore Specialty Insurance Co. over losses from an oil well fire is not arbitrable because Halliburton and Ironshore never entered into a direct contract that called for arbitration between them.

  • March 13, 2018

    10th Circ. Sides With DOL In Row Over New Fiduciary Rule

    A Tenth Circuit panel Tuesday affirmed a decision upholding the U.S. Department of Labor's new fiduciary rule for retirement account advisers related to fixed indexed annuity sales, agreeing with the lower court that the rule’s critics were given an opportunity to comment on it.

Expert Analysis

  • Do Business Interruption Policies Cover Ransomware?

    Catherine Doyle

    Policyholders should look to the Rhode Island district court's decision in Moses v. Sentinel as a bellwether on coverage for business interruption and lost income claims associated with ransomware attacks, say Catherine Doyle and Jan Larson of Jenner & Block LLP.

  • State And Local Tax Scoreboard: 2017 In Review

    State And Local Tax Scoreboard: 2017 Year In Review

    In this review of state and local tax decisions in 2017, Charles Capouet and Jessica Allen of Eversheds Sutherland LLP share observations on taxpayers’ outcomes in corporate income tax and sales and use tax cases, and look back at significant rulings such as the Pennsylvania Supreme Court’s decision in Nextel.

  • 'Risk Corridor' Litigation: Who Speaks For The Gov't?

    Ralph Nash

    One of the most heavily litigated issues in recent years involves “risk corridor” payments related to Section 1342 of the Affordable Care Act. There are a lot of interesting concerns in these cases, one of which is the conflicting views of the U.S. Departments of Justice and Health and Human Services, says Ralph Nash, professor emeritus of law at George Washington University.

  • Congressional Forecast: March

    Layth Elhassani

    Upcoming congressional action for the duration of March appears likely to resolve the budget and appropriations impasse of the last several months, after U.S. House and Senate leaders and the White House were able to reach an agreement last month on topline spending numbers for fiscal year 2018, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • Vertigo Case Reminds Why Accommodations Are Dizzying

    Sara Jodka

    A Florida federal court's recent decision in Morris-Huse v. Geico demonstrates that regardless of how broad telecommuting becomes as a viable disability accommodation option, it will not be appropriate for all jobs, and highlights the importance of evaluating disability accommodation requests on a case-by-case basis, says Sara Jodka of Dickinson Wright PLLC.

  • Make An Informed Choice About Arbitration


    In an age of data-driven decision-making, too many companies are making important choices about dispute resolution based on anecdotes and isolated experiences. I’d like to explain why a number of objections to arbitration are ill-founded, says Foley Hoag LLP partner John Shope.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • The 8 Corners Rule Is Not So Absolute

    Ronald Puhala

    Though some courts adhere to an overly strict interpretation of the eight corners rule, consideration should be given to the argument that the rule only determines when the duty to defend is triggered, not when it is terminated, says Ronald Puhala of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.