• March 12, 2018

    Patriot National Plan Disclosure Statement Approved In Del.

    Bankrupt insurance services provider Patriot National Inc. received court approval Monday in Delaware for a Chapter 11 disclosure statement detailing its proposed plan for a debt-for-equity swap with its secured lenders.

  • March 12, 2018

    9th Circ. Panel Wrestles With Email Scam Coverage Battle

    A Seattle-based seafood company urged a Ninth Circuit panel Monday to rule that Travelers must cover losses the company suffered when it was manipulated into wiring funds to a fraudster who posed as a vendor in emails, arguing its crime policy does not limit coverage to direct hacking incidents.

  • March 12, 2018

    Mass. AG Loses Fight Against Trump Contraception Rules

    A Massachusetts federal judge on Monday rejected the state attorney general's challenge to the Trump administration’s decision to let more employers deny women contraceptive coverage, saying Massachusetts may have hurt its own case by passing a law to reduce the decision’s impact.

  • March 12, 2018

    Idaho's Insurance Chief Dishes On His ACA End Run

    The Trump administration would be hard-pressed to show that Idaho’s closely watched bid to evade Affordable Care Act standards rises to the level of flouting the law, the state’s top insurance regulator tells Law360.

  • March 12, 2018

    Centene Hit With Suit Over $6.8B Health Net Buy

    An investor and a police pension fund hit Centene Corp. with a derivative lawsuit in Missouri federal court on Friday, claiming the Medicaid insurer knowingly misstated Health Net's business before its $6.8 billion merger and hid the fact that it was taking on millions in liability.

  • March 12, 2018

    Manning & Kass Enters Texas With 2-Lawyer Dallas Office

    Manning & Kass Ellrod Ramirez Trester LLP launched a Dallas office in early March with two partners from California experienced in general litigation, workers' compensation and military and veterans' issues, but plans to expand by hiring local talent.

  • March 12, 2018

    La. Wrong Venue For Food Co.'s $1M Coverage Spat: 5th Circ.

    The Fifth Circuit upheld the dismissal of a Louisiana-based restaurant operator’s suit seeking about $1 million from its insurer to cover property damage on Friday, finding that a forum-selection clause in the insurance policy requires the litigation to be in New York rather than Louisiana.

  • March 12, 2018

    AIG Wins Suit Over Palazzo Hotel Construction Project

    Liberty Mutual Fire Insurance Co. must pay the entirety of a multimillion-dollar settlement resulting from shoddy construction work on the Palazzo hotel in Las Vegas, a Nevada federal court ruled on Friday, finding that the damage is not capped by a per occurrence limit and therefore fellow insurer AIG doesn't need to contribute.

  • March 9, 2018

    Why The ‘Blue Slip’ Battles Are Becoming White Hot

    It’s more of a norm than a rule. Its use has shifted over time, often with political winds. But the once-obscure Senate tradition is now front and center in the boiling debate over the future of the judiciary.

  • March 9, 2018

    Senior Judges Fill The Void Left By Rampant Vacancies

    More federal judges are skipping the golf course to head back to the courtroom upon taking senior status, and they're playing an increasingly vital role in a strained system.

  • March 9, 2018

    How Far Right Can The President Pull The Courts?

    Although President Donald Trump set a record with the number of circuit judges he named during his first year, experts say that's not the whole story. Here’s our data-driven look at what the White House faces in its quest to reshape the appeals courts.

  • March 9, 2018

    Insurance Co. Can't Dodge Coverage In Bank Fraud Scheme

    A South Carolina federal judge refused Thursday to end claims against an insurer over coverage for a former GrandSouth Bank vice president indicted in connection with lending that allegedly enabled a staffing company's continued nonpayment of payroll taxes, citing an ongoing factual dispute as to whether separate suits are “interrelated” and so quash coverage.

  • March 9, 2018

    Man's Surgery Didn't Warrant Case Dismissal, Court Finds

    A Florida man's decision to proceed with surgery in defiance of a court order did not warrant permanent dismissal of his breach of contract case against Southern-Owners Insurance Co. given his good-faith efforts at compliance and other circumstances of the case, a state appeals court ruled Friday.

  • March 9, 2018

    Insured's Ignorance Of Grace Period's End No Excuse: Judge

    A Pennsylvania federal judge ruled Thursday that Cincinnati Insurance Co. needn't pay more than $100,000 to Wescott Electric Co. in connection with a decadelong, multimillion-dollar employee theft, saying that, in the string of policies Wescott bought, it should have known of the eventual discontinuation of a one-year grace period for claims reporting.

  • March 9, 2018

    Brand Battles: Apple, McDonald's, Travelers, Marriott

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Apple faces a fight over its "HomePod" smart speaker, McDonald's asserts its "family of marks," and Travelers picks a fight with Marriott over a travel magazine.

  • March 9, 2018

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

    The last week has seen a BMW plant lodge a commercial fraud claim against Barclays, another dispute between Barents Re and Petróleos de Venezuela's captive insurer and AXA take on a rival private health insurer.

  • March 9, 2018

    DOL Told Health Plan Rule May Hurt Insurance Markets

    Insurers, state attorneys general, care providers and others piled on the U.S. Department of Labor’s proposal to loosen requirements for setting up so-called association health plans ahead of a March 6 deadline for public comments, warning it could destabilize swaths of the insurance marketplace and invite fraud.

  • March 9, 2018

    Taxation With Representation: Wachtell, Skadden, Baker

    In this week’s Taxation with Representation, Cigna bought Express Scripts for $67 billion, GTCR LLC and Sycamore Partners took CommerceHub private in a $1.1 billion deal and AXA Group acquired XL Group Ltd. for $15.3 billion.

  • March 9, 2018

    3 Key Questions On The US-EU Insurance Pact

    State insurance regulators have begun tackling key questions regarding the implementation of a pact between the U.S. and the European Union that will ax collateral requirements for EU reinsurers doing business stateside, including to what extent existing laws must be changed and whether foreign reinsurers outside the bloc will be eligible for similar benefits. Here, Law360 looks at three important issues facing regulators as they chart a path for effectuating the transatlantic insurance deal.

  • March 8, 2018

    Insurer Excused After Paying $1M To Settle Worker Death Suit

    A Texas federal court Thursday let Gray Insurance Co. out of defending a generator supplier from a suit over a fatal electrocution, saying the survivors’ agreement not to seek judgment from the supplier is as good as a settlement for policy exhaustion purposes.

Expert Analysis

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Health Republic’s Curious Liquidation: Part 14

    James Veach

    On Feb. 14, Health Republic Insurance of New York's liquidator will ask the New York Supreme Court to approve its report on the present status of its liquidation, but it is what the report doesn't discuss that will be most revealing, says James Veach of Mound Cotton Wollan & Greengrass LLP in the final part of this series.

  • Affirming The Joint Defense Privilege In Illinois

    Symone Shinton

    An Illinois appellate court has formally recognized that co-parties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either attorney-client or work-product privileges when doing so. The decision clarifies exactly what the joint defense privilege is and, importantly, what it is not, says Symone Shinton of Greenberg Traurig LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • D&O Insurance Coverage For Government Investigations

    Caroline Meneau

    Recent insurance decisions underscore the importance of understanding how directors and officers liability insurance applies in government investigations. Patriarch v. AXIS is particularly interesting because the insurer wanted to define "claim" more broadly than the policyholder, say Caroline Meneau and Brian Scarbrough of Jenner & Block LLP.

  • 2nd Circ. Ruling May Broaden Common D&O Policy Exclusion

    Kevin LaCroix

    A recurring directors and officers insurance issue is the question of whether or not coverage for a claim is precluded under the relevant policy’s professional services exclusion. The Second Circuit’s recent opinion in a coverage dispute arising out of the Facebook initial public offering could extend the exclusion’s preclusive effect far beyond the intended purpose, says Kevin LaCroix of RT ProExec.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Encouraging Broader Use Of Equal Pay Act At 4th Circ.

    Michael Abcarian

    Given Title VII’s easier burden of proof, it has largely supplanted the Equal Pay Act as the law of choice for litigating gender-based pay discrimination lawsuits. However, the Fourth Circuit’s recent decision in U.S. Equal Employment Opportunity Commission v. Maryland Insurance Administration could change this and usher in a new age of pay discrimination lawsuits, says Michael Abcarian of Fisher Phillips.