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  • September 28, 2018

    Travelers Prevails In Hotel Data Breach Coverage Battle

    A Florida federal court on Friday ruled that a Travelers insurer has no duty to defend a hotel operator’s information technology subsidiary against allegations that it was responsible for a data breach that exposed hotel customers’ credit card data, finding that the claim doesn’t trigger the personal injury coverage in the IT company’s policy.

  • September 28, 2018

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

    The last week has seen a Toys R Us property unit sued by the firms behind its £263 million bridge loan, XL Catlin lodge a claim against a commercial motor insurance specialist and an action on behalf of Lloyd's underwriters against QBE Insurance.

  • September 28, 2018

    Liberty Can't Shift Slip-And-Fall Coverage To Selective

    A Pennsylvania federal judge on Friday ruled that Liberty Mutual cannot shift a shopping center’s responsibility in a slip-and-fall case to a tenant’s insurer, finding that the landlord does not qualify for additional insured coverage under the tenant’s policy.

  • September 28, 2018

    Walgreens, Kroger Have No Right To Sue Over Remicade: J&J

    Johnson & Johnson urged a Pennsylvania federal judge Friday to toss a lawsuit from pharmacy giants Walgreens and Kroger accusing the drug company of compelling insurers not to cover biosimilar versions of the blockbuster immunosuppressant Remicade, arguing they can't participate in the closely watched antitrust fight.

  • September 28, 2018

    Underwriters Slam Quick Win Bid In $500M Chevron Rig Suit

    Insurance underwriters who claim to have paid $500 million to Chevron after a Gulf of Mexico oil rig broke urged a Texas federal judge Thursday to reject American Global Maritime Inc.’s quick win bid on claims seeking to hold the marine surveyor liable, saying the request is premature and meritless.

  • September 28, 2018

    Basketball Coach Software Co. Says Ex-Employees Stole IP

    A company that makes software for basketball coaches to draw and share plays sued two people in Illinois federal court on Thursday who it says stole its code and launched a competing software product, claiming they breached several confidentiality agreements.

  • September 28, 2018

    OSF HealthCare Beats Church Plan Suit

    OSF HealthCare System defeated a proposed class action accusing it of misusing the Employee Retirement Income Security Act's church exemption on Friday, with an Illinois federal judge ruling that the health care network's ties to the Catholic church put it beyond ERISA's reach.

  • September 27, 2018

    Legal Malpractice Insurers Looking Earlier To Sue Their Attys

    The tripartite relationship is putting a tighter squeeze on lawyers retained by insurers to defend attorneys in legal malpractice cases, a group of experts said Thursday in Las Vegas.

  • September 27, 2018

    Insurer Needn't Defend Au Pair Agency In Class Suit

    A Florida federal judge on Thursday ruled that Berkley Assurance Co. has no duty to defend or indemnify au pair placement agency Expert Group International Inc. in a class action suit accusing it of conspiring with other agencies to set low pay rates, saying coverage is unavailable because Expert Group was aware of the underlying suit before obtaining its policy.

  • September 27, 2018

    Crane Heyman Can't Dodge Suit Over Layoff Advice

    An Illinois federal judge on Wednesday refused to toss a World Marketing LLC bankruptcy trustee’s malpractice suit accusing Crane Heyman Simon Welch & Clar of failing to properly advise the company before it instituted mass layoffs, saying the claim is barred neither by legal doctrine nor the company’s bankruptcy proceedings.

  • September 27, 2018

    Golf Club Sues Zurich Over Hurricane Irma Coverage

    A Florida country club hit by Hurricane Irma sued Zurich American Insurance Co. in federal court on Wednesday, claiming the insurer has paid only $2.8 million of its "eight figure" claim for property damage and business interruption losses stemming from the storm.

  • September 27, 2018

    Insurer Says It Needn't Defend Alleged Rape At NYC Nightclub

    Hamilton Specialty Insurance Co. Inc. has sued the general manager of a trendy nightclub in New York City who stands accused of sexually assaulting a bottle server after her shift, asserting in state court that it doesn't have a duty to indemnify the man as he faces a civil suit brought by the alleged victim.

  • September 27, 2018

    Construction Co. Gets Army Facility Contract Suit Trimmed

    A construction joint venture dodged a claim Wednesday that it improperly made significant changes to a U.S. Army project subcontract because it had agreed to those changes with an electrical subcontractor after a fire.

  • September 27, 2018

    Travelers Short $8M After High-Rise Flood Damage, Co. Says

    The owner of several floors in a downtown Chicago high-rise sued the Travelers Indemnity Co. in Illinois federal court on Thursday, claiming the insurer breached its contract when it paid out just $300,000 on a more than $8 million claim for water damage.

  • September 27, 2018

    United Collects Kickbacks On Trip Insurance, Customers Say

    A proposed class of United Airlines customers hit the company with a lawsuit in Illinois federal court Wednesday, claiming it is illegally collecting kickbacks from the sale of travel insurance policies on its website.

  • September 27, 2018

    Kemper's $141.7M Award OK'd In Software Contract Row

    A federal judge in Texas has approved a $141.7 million arbitration award in favor of insurance company Kemper Corporate Services Inc. in its dispute with Computer Sciences Corp. over a software licensing agreement.

  • September 27, 2018

    Aetna Sells Medicare Biz Amid Review Of $69B CVS Deal

    Aetna will sell its stand-alone Medicare prescription drug plan business to WellCare, as it looks to secure approval from antitrust regulators for its anticipated $69 billion sale to CVS, according to a Thursday filing with the U.S. Securities and Exchange Commission.

  • September 27, 2018

    7th Circ. Pulls Defunct Co-Op's ACA Row Back To Fed. Court

    The Seventh Circuit has ruled that federal court is the best venue to decide whether Illinois' insurance department can force the federal government to make good on $70 million owed to a nonprofit health insurer that collapsed selling policies through the Affordable Care Act.

  • September 26, 2018

    3rd Circ. Fee Fracas A Warning: Not All Billing Is Equal

    The Third Circuit's rebuke of a near-million-dollar fee request from lawyers who had won a bad-faith verdict against an auto insurer is a new directive for courts to pick apart fee requests, experts say, and signals to lawyers that while certain billing practices are permissible, they may not be advisable.

  • September 26, 2018

    Insurer Asks Del. Justices To Reverse $16M Damages Ruling

    A Delaware court’s nearly $16 million award against Homeland Insurance Co. should be reversed for use of the wrong state’s law, a time-barred claim and a dearth of damages evidence, the insurer told Delaware’s Supreme Court on Wednesday.

Expert Analysis

  • Could Diversity Pledge Lead To Unintended Consequences?

    Anthony Oncidi

    The CEO Action for Diversity & Inclusion Pledge is an initiative designed to promote diversity in the workplace. However, because its three main elements are extremely broad, the lack of specificity about what a company is committing to could be problematic in a litigation context, say Anthony Oncidi and Seth Victor of Proskauer Rose LLP.

  • States May Escheat IRAs But Who Gets The Tax Bill?

    Carol Tello

    The June IRS publication of a revenue ruling addressing the timing of federal income tax withholding and reporting treatment for funds escheated from traditional IRAs was timely. As a matter of substance, or of tax and unclaimed property administration, however, the ruling is already proving problematic, say attorneys at Eversheds Sutherland LLP.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • Mediation Tips For Settling Big-Dollar Business Disputes

    Robert Fairbank

    Throughout a mediation, there are times of heightened uncertainty when something might happen to swing the leverage in one side’s favor. These windows of opportunity can be maximized by a number of methods other than in-person mediation sessions and formal exchanges of settlement numbers, say Robert Fairbank and Kimberly West of Fairbank ADR.

  • 5th Circ.'s New Maritime Contract Test Takes Shape

    Hansford Wogan

    Recent cases demonstrate Louisiana courts' willingness to embrace the Fifth Circuit's simplified analysis of what constitutes a maritime contract in the context of insurance obligations. The courts are homing in on whether parties expected to use a vessel, and how significant the use is, says Hansford Wogan of Jones Walker LLP.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Plan Sponsors Should Consider Pension De-Risking

    Elliot Dinkin

    For some plan sponsors, the prospect of engaging in a pension risk transfer may seem cost-prohibitive. However, the cost of transferring risk is lower than what many sponsors perceive, says Elliott Dinkin of Cowden Associates Inc. 

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • How FIRRMA Will Change National Security Reviews: Part 2

    Jeff Bialos

    The newly enacted Foreign Investment Risk Review Modernization Act significantly expands the authority of the U.S. government to review and restrict foreign investments on national security grounds. But FIRRMA also has provisions that may exempt some transactions from review, and accelerate review of others, say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • How FIRRMA Will Change National Security Reviews: Part 1

    Jeffrey Bialos

    The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.