• April 30, 2018

    3rd Circ. Won't Rethink Ruling In Birth Control Mandate Battle

    The Third Circuit on Friday said it won’t rehear an August split panel decision that found individual employees can’t claim the contraceptive mandate of the Affordable Care Act violates their rights under the Religious Freedom Restoration Act.

  • April 27, 2018

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

    The last week has seen Merrill Lynch file new actions against Venice, Swiss Re lodge a claim against Maersk, and Raiffeisen Bank sue an Argyle Street unit the Austrian bank already claims owes $70 million linked to a 2015 takeover battle. Here, Law360 looks at those and other new claims in the U.K.

  • April 27, 2018

    Insurer, Amway Fight Over Coverage Of Copyright Settlement

    American International Specialty Lines Insurance Co. told a Michigan federal court Thursday that Amway can't get coverage for a $7.6 million copyright settlement with six major record labels over allegations of rampant infringement, while Amway said coverage was unfairly denied based on a completely different matter.

  • April 27, 2018

    Texas Hospital Loses Fight To Protect Reimbursement Info

    North Cypress Medical Center Operating Co. Ltd. cannot keep secret its insurance reimbursement rates, the Texas Supreme Court held on Friday, denying the hospital's bid to overturn a lower court's order that the information be disclosed in a lawsuit brought by an uninsured patient who alleges she was overcharged for treatment.

  • April 27, 2018

    Aetna Unit, Benefits Co. Hit With ERISA Suit From Eparchy

    An Aetna Inc. unit and an employee benefits company wrongly started a self-insured health plan with money from a Byzantine Catholic eparchy in Phoenix that believed it was paying premiums to secure insurance products for its workers, the eparchy alleged on Thursday in Arizona federal court.

  • April 27, 2018

    2nd Circ. Won't Toss 25-Year Sentence For Stock Fraudster

    The Second Circuit refused Thursday to overturn a 25-year sentence for no-fault car insurance and stock fraud ringleader and career criminal Michael Danilovich, finding that his crimes were so severe that they merited the lengthy prison time.

  • April 27, 2018

    Venture-Backed DocuSign Leads 5 IPOs With $629M Deal

    Shares of DocuSign Inc. began trading Friday after the venture-backed electronic signature company priced a $629 million initial public offering above its forecasted range, topping a technology-heavy lineup of five IPOs that raised more than $1.4 billion total during the week.

  • April 27, 2018

    9th Circ. Nixes Surgery Center ERISA Suit Over Plan Provision

    An anti-assignment provision in an Aetna health plan bars a surgical center from suing the plan’s administrator based on a patient’s Employee Retirement Income Security Act rights, the Ninth Circuit ruled Thursday, rejecting the medical provider’s argument that the provision is unenforceable.

  • April 27, 2018

    Arch Coal Must Challenge Black Lung Bulletin At DOL

    The D.C. Circuit on Friday ruled Arch Coal Inc. can't challenge a U.S. Department of Labor bulletin on black lung claim liability in federal district court, saying the coal producer must first go through the DOL's administrative review process, followed by a federal appeals court.

  • April 27, 2018

    Jordanian Insurer Sues AIG In UK Over Syrian Bank Theft

    The European arm of U.S insurer American International Group Inc. is being sued for approximately 414,000 Jordanian dinars ($584,000) in a London court over reinsurance that a firm based in Amman says it is owed over losses resulting when money was stolen from a bank in Syria.

  • April 26, 2018

    Workers Subjected To 'Onionhead' Religion Get $5.1M Award

    A Brooklyn federal jury delivered a $5.1 million verdict Wednesday against a Long Island, New York, health plan provider for forcing "Onionhead" religious practices on 10 workers and firing one who pushed back, the U.S. Equal Employment Opportunity Commission said Thursday.

  • April 26, 2018

    Insurer Beats Early Win Bid In $50M Pollution Award Fight

    An Indiana federal judge on Thursday refused to rule that Westfield Insurance Co. breached its duty to defend a recycling plant in a pollution class action that resulted in a $50 million default judgment against the facility, saying there is insufficient evidence in the record to render a decision on the issue.

  • April 26, 2018

    Bad Faith Claims Trend Threatens Insurer Attys, Panel Says

    Fair warning, insurance defense specialists and appointed counsel: Bad faith claims are coming for you.

  • April 26, 2018

    Deals Rumor Mill: Al Khalij, Zurich, Hormel

    Barclays has been tapped to advise Al Khalij Commercial Bank on the sale of its French and Emirati businesses, Zurich Insurance Group AG is laying the groundwork to sell a sizable stake in its Malaysian life insurance subsidiary, and Hormel Foods might be eyeing a Chinese condiment company.

  • April 26, 2018

    DOL Seeks To Weigh In On Standing In 6th Circ. ERISA Row

    The U.S. Department of Labor on Wednesday asked to participate in oral arguments for an Ohio-based doctor’s Sixth Circuit appeal of a finding that he lacked standing to sue a hospital health care plan for only partly paying the cost of air-ambulance transportation he arranged for his infant son.

  • April 26, 2018

    Insurer Needn't Cover Contractors In Chinese Drywall Suit

    A Florida federal judge on Wednesday dismissed claims that Westchester Fire Insurance Co. must pay building contractors for money lost over the installation of defective Chinese drywall, saying Westchester’s policy was only triggered by court-ordered judgments.

  • April 26, 2018

    Ex-Allstate Workers Fight Bid To Nix Claims In ERISA Row

    Allstate incorrectly asserted that the state law claims of 14 former Allstate Insurance Co. employees were time-barred, the employees said in Pennsylvania federal court Thursday, fighting the company's quick win bid in their suit alleging they lost retirement benefits when the insurer forced them to either be contractors or face termination.

  • April 26, 2018

    AXA Unveils Plans To Raise $3.5B In Largest IPO In Years

    French insurance and financial giant AXA SA unveiled plans Thursday to raise roughly $3.5 billion with the initial public offering of U.S. unit AXA Equitable Holdings Inc., setting the stage for the largest American IPO in years.

  • April 26, 2018

    Aetna Says Med Group Overbilled $50M For Newborn Care

    Health insurer Aetna Inc. has accused medical group Mednax Inc. of exploiting its higher reimbursement rates by exaggerating the severity of the clinical condition of newborns and ordering unnecessary tests, resulting in $50 million in overbilling.

  • April 26, 2018

    Cozen O'Connor Snags 14-Atty Drinker Biddle Litigation Team

    Philadelphia-based Cozen O'Connor on Thursday announced that the firm had snagged a 14-attorney litigation team, including three partners, from crosstown rival Drinker Biddle & Reath LLP to help launch a newly formed life insurance and annuities practice and a software industry group.

Expert Analysis

  • ALI Restatement Misstates Law On Long-Tail Harm Claims

    David Cox

    The current draft of the American Law Institute's Restatement of the Law on Liability Insurance contains a proposed rule on allocation that neither reflects the law as it presently stands nor reflects the flexibility and capacity for development and growth of the common law, say David Cox and Gerald Konkel of Morgan Lewis & Bockius LLP.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.

  • Keys To Corporate Social Responsibility Compliance: Part 4

    Michael Littenberg

    Over the last few years, there has been a significant increase in litigation and investigations related to corporate social responsibility issues. Activity has increased not only in the United States at the federal, state and local level, but also in several other countries. Proceedings and investigations have involved many different statutes and theories of liability, say attorneys with Ropes & Gray LLP.

  • Courts Continue To Clarify ERISA Pleading Standards

    Larisa Vaysman

    As recently demonstrated by a Georgia federal court's decision in Polk Medical Center v. Blue Cross & Blue Shield of Georgia, identifying Employee Retirement Income Security Act claims up front not only avoids unnecessary motions practice, but provides all involved parties a solid starting point for settlement discussions, says Larisa Vaysman of Squire Patton Boggs LLP.

  • NY Slams Door On 'Unavailability Of Insurance' Exception

     Scott Seaman

    On March 27, the New York Court of Appeals issued a unanimous decision in KeySpan v. Munich, rejecting the so-called "unavailability of insurance" exception. This ruling sends a strong message that policyholders cannot hoist upon insurers responsibility for damage taking place outside policy periods, says Scott Seaman of Hinshaw & Culbertson LLP.

  • Opinion

    We Need A Cybersecurity Framework For Law Firms

    Shaun Jamison

    In order to enable lawyers to best meet cybersecurity challenges, state bars should pass rules that adopt a cybersecurity framework to be developed by a national committee, says Shaun Jamison, associate dean of faculty and professor at Purdue University's Concord Law School.

  • Keys To Corporate Social Responsibility Compliance: Part 3

    Michael Littenberg

    As the quantity and quality of corporate social responsibility disclosure increases, there is also movement toward greater comparability. Larger companies should benchmark their disclosures against global peers and evolving global standards, since over time, enhancements in foreign disclosure practices are likely to drive disclosures by many U.S. companies, say attorneys with Ropes & Gray LLP.

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.

  • Keys To Corporate Social Responsibility Compliance: Part 2

    Michael Littenberg

    Increasingly, corporate social responsibility must be on the radar screen of in-house counsel. Investors are paying more attention to environmental, social and governance issues, and a growing number of shareholder proposals on these subjects should be expected, say attorneys with Ropes & Gray LLP.

  • Series

    Judging A Book: Hardiman Reviews 'Without Precedent'

    Judge Thomas Hardiman

    In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise​. ​What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.