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Insurance

  • June 18, 2018

    Insurers Off Hook For Contractor's Costs After Lumber Mix-Up

    A Utah federal judge ruled Monday that insurers Zurich and Allied World do not have to cover “nondefective” parts of construction projects by contractor Big-D Construction Midwest LLC after the wrong framing lumber was used on two projects, necessitating the tearout of electrical and mechanical work.

  • June 18, 2018

    Chancery Sticks Enviro Cleanup Co. With Spinoff's $1.6M Bill

    An environmental cleanup firm that sold an affiliate for $58 million in 2015 can’t demand post-deal repayment of $1.6 million in non-covered insurance expenses because the sale contract never required it, Delaware’s Chancellor ruled early Monday.

  • June 18, 2018

    GCs Tackle Law Firm Culture In Diversity Push

    Following an American Bar Association pledge, in-house attorneys are taking a harder line in demanding diversity from their outside counsel, and they're seeking to play a larger role in the workings of the law firms they hire.

  • June 18, 2018

    The Hurdles Facing BigLaw’s Minority Women

    We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.

  • June 18, 2018

    The Best Firms For Minority Equity Partners

    The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.

  • June 18, 2018

    Insurance Claims Analysts Granted Cert. In OT Class Action

    Hartford Fire Insurance Co. analysts received class certification in Florida federal court on Monday in their suit claiming they were misclassified as exempt from overtime pay and stiffed of a fair wage in violation of the Fair Labor Standards Act.

  • June 18, 2018

    UBS Units Seek $20M Debt Bond Suit Coverage At 1st Circ.

    UBS AG units on Monday urged the First Circuit to revive its bid for $20 million in coverage for costs associated with claims that investors lost billions of dollars because UBS manipulated Puerto Rico's municipal debt bond market, arguing that the claims are not sufficiently similar to previously filed actions to trigger a policy exclusion.

  • June 18, 2018

    Insurance Cases To Watch In The Second Half Of 2018

    Insurance attorneys are feverishly awaiting guidance from three federal appeals courts on whether email-based phishing theft schemes trigger coverage under computer fraud insurance policies, as well as decisions from other courts on homeowner's coverage for defective foundations and limitations on defense costs under energy industry policies.

  • June 18, 2018

    4 Takeaways From The FDA's Info-Sharing Guidance

    The U.S. Food and Drug Administration recently released finalized guidance loosening restrictions on what information drug and medical device companies can share with insurers and other third-party payors, a development attorneys view as a sign that the agency is softening its stance on off-label promotion.

  • June 18, 2018

    PE-Backed BJ's Leads 9 IPO Launches Exceeding $1.9B

    Private equity-backed BJ's Wholesale Club Holdings Inc. launched an estimated $600 million initial public offering on Monday, leading a flurry of nine companies that set price ranges on IPOs projected to surpass $1.9 billion in proceeds across several industries.

  • June 18, 2018

    In Their Own Words: Minority Partners On Reaching The Top

    Despite decades of industrywide initiatives, movement up the ladder has stagnated for minority lawyers. Here, five industry success stories tell Law360 about the paths they took and what needs to change in BigLaw.

  • June 18, 2018

    CrossFit Foe Can't Get Coverage In False Ad Suits: Insurer

    National Casualty Co. has told a California federal court that it shouldn't have to cover the National Strength and Conditioning Association in two false advertising suits brought by CrossFit Inc. over a study that portrayed CrossFit's exercise regiment as unsafe, after the NSCA was hit with nearly $500,000 in sanctions.

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

  • June 15, 2018

    Taking On The ‘Petri Dish’ Of BigLaw Bias

    The often-informal processes for deciding matters like compensation at law firms can create, as one expert put it, a “petri dish” for the effects of unconscious bias. Here’s how some firms are looking to shake up the system.

  • June 15, 2018

    The Best Firms For Minority Attorneys

    While U.S. law firms have long vowed to make their ranks more diverse and inclusive, the industry has long failed to deliver on those promises. Here are the firms making some headway, according to this year’s Diversity Snapshot.

  • June 15, 2018

    Law360’s Diversity Snapshot: By The Numbers

    Efforts to increase diversity have again yielded few meaningful changes in law firm demographics, according to Law360’s annual headcount survey, even as law schools continue to enroll students of color in increasing numbers.

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

  • June 15, 2018

    Wells Fargo, Guarantor Must Pay $2.5M Over Loan Default

    An Indiana federal court ordered Wells Fargo and a Brazilian guarantor Friday to pay more than $2.5 million plus interest and attorneys’ fees to their lender after the two defaulted on a $6 million loan.

  • June 15, 2018

    3rd Circ. Says RICO Claims Must Cover More Than 9 Months

    Two real-estate insurance companies escaped accusations of fraud from two former customers when the Third Circuit ruled Thursday that the alleged activity did not occur long enough to establish a pattern of racketeering.

  • June 15, 2018

    Insurer Ordered To Defend Au Pair Agency In Wage-Fixing Suit

    AXA Insurance Co. must defend an au pair placement agency in a class action alleging the company took part in a scheme to set unreasonably low pay rates for program participants, a Colorado federal judge ruled Friday, saying the insurer’s duty was triggered because the underlying suit includes a potentially covered negligent misrepresentation claim.

Expert Analysis

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Negligent Hiring And Supervision Can Be An 'Accident'

    Tyler Gerking

    The California Supreme Court's decision in Liberty v. Ledesma strengthens insureds' rights to coverage under general liability policies and establishes that they are entitled to a defense where the injury alleged was unintended and unforeseen from the insured's perspective, say Tyler Gerking and David Hofmayer of Farella Braun & Martel LLP.

  • A Breath Of Life For Calif. FCA Insurance Coverage

    Jan Larson

    The Ninth Circuit recently revived an insurance coverage dispute between Office Depot and AIG, holding that coverage for alleged violations of the California False Claims Act is not categorically precluded by California law. Similarities between the CFCA and the federal False Claims Act raise potential for broad application of this decision, say Jan Larson and Sebastian Brady of Jenner & Block LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • NY Reg 187 Amendment May Not Be In Anyone’s Best Interest

    Patrick Gennardo

    The New York State Department of Financial Services has proposed an updated first amendment to its Regulation 187, imposing a "best interest" rule on life insurers and producers licensed in New York. However, the updated amendment may be difficult to enforce and could subject Regulation 187 to certain legal challenges, say attorneys at Alston & Bird LLP.

  • How Immigration Issues Can Sour M&A Deals

    Christine Fuqua Gay

    Because the U.S. Department of Homeland Security's E-Verify program is frequently overlooked and misunderstood, immigration compliance issues have become more common in mergers and acquisitions and a basis of post-closing claims, such as those alleged in Post Holdings v. NPE Seller Rep, currently pending in the Delaware Chancery Court, say Christine Fuqua Gay and Ashley Hamilton of Holland & Knight LLP.

  • Why The 'Onionhead' Verdict May Make Employers Cry

    Barbara Hoey

    In U.S. Equal Employment Opportunity Commission v. United Health Programs of America, a Brooklyn federal jury recently found that the company's use of a practice called “Onionhead” amounted to religious discrimination. Details from the case show employers how the EEOC and courts may treat religious discrimination claims going forward, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.

  • Companies Will Feel The Weight Of Team Telecom Oversight

    Megan Brown

    For years, a little-known group of federal agencies collectively known as "Team Telecom" has gone quietly about its oversight functions of risk assessment, mitigation and oversight. But as multiple parts of the government grapple with supply chain security, including concerns about Chinese-made communications equipment, companies should anticipate enhanced scrutiny and greater compliance obligations, say attorneys with Wiley Rein LLP.

  • The Brave New World Of Autonomous Vehicle Litigation

    Jonathan Feczko

    Autonomous vehicles promise to change the way we commute, work and even plan cities. But equally dramatic may be the way they change how we prepare and try litigation following motor vehicle accidents. Exploring how autonomous vehicle litigation might look will help practitioners better prepare for the wave to come, say Jonathan Feczko and Zachary Adams of Tucker Ellis LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.