• October 13, 2017

    19 AGs Sue Trump Over Halted ACA Subsidies

    Eighteen states and the District of Columbia sued the Trump administration late Friday over its decision to halt billions of dollars in Affordable Care Act subsidies, saying the sudden move wasn’t explained properly and unconstitutionally disregarded mandatory spending.

  • October 13, 2017

    Cigna Tells 11th Circ. 'Interloper' Is 'Looting' $25M Deal

    Cigna Healthcare Inc. has pressed the Eleventh Circuit to address its concerns that a claims processor misappropriated at least part of $25 million it paid in a class action settlement with medical providers who claimed that it conspired to keep reimbursements low.

  • October 13, 2017

    AIG, Office Depot Case May Limit Coverage In Fraud Cases

    AIG has asked the Ninth Circuit to affirm that a California law precluding coverage for willful acts means Office Depot can’t be indemnified for defense and possible settlement costs in a suit alleging it overbilled public agencies, and attorneys say a decision in favor of the insurer could lead to widespread coverage denials for fraud-based claims.

  • October 13, 2017

    9th Circ. Judge Balks At Blue Shield Customers’ Cert. Bid

    Blue Shield of California customers urged the Ninth Circuit at a hearing Friday to certify a class of beneficiaries who say the insurer illegally refused to cover residential treatment for mental health disorders, prompting one judge to note that the appellate court “isn’t in the business” of making original certification decisions.

  • October 13, 2017

    Trump Executive Actions Make Short-Term ACA Deal Likely

    President Donald Trump’s actions on health care this week will likely drive up premiums nationwide and push insurers out of the Affordable Care Act market exchanges, experts say, bringing “new urgency” to a brewing bipartisan deal to restore premium support and alter insurance rules.

  • October 13, 2017

    Texas Man Arrested In $25M Health Care Fraud Scheme

    A 54-year-old man from Fort Worth, Texas, accused of perpetrating a $25 million health care fraud scheme by submitting false claims for medical services to insurance companies has been arrested by FBI agents, the U.S. Department of Justice announced Friday.

  • October 13, 2017

    DC Circ. Partially Remands Barred Broker's Appeal To SEC

    The D.C. Circuit on Friday partially remanded a former Penn Mutual Life Insurance Co. broker-dealer’s appeal of a lifetime ban by the Financial Industry Regulatory Authority for filing false expense reports, asking the U.S. Securities and Exchange Commission to consider whether the punishment was excessive.

  • October 13, 2017

    Chartis Unit Seeks To Reverse $25M Flood Payment Order

    A Chartis Inc. unit Thursday asked the Sixth Circuit to find it doesn’t have to pay $25 million for the flood-related shutdown of an auto parts plant in Thailand, saying a flooding sublimit in the policy applies to both property loss and lost production.

  • October 13, 2017

    Travelers Unit Says It Needn't Cover Hotel Breach Claim

    A Travelers unit told a Florida federal court Thursday that it has no duty to defend a hotel company's information technology subsidiary against a claim for losses relating to a data breach, saying the situation doesn’t constitute personal injury or property damage covered by a pair of general liability policies.

  • October 13, 2017

    Tax Pros Seeking Clues On Small Captive Insurance Cos.

    As the Internal Revenue Service continues to scrutinize the tax treatment of small captive insurance companies, tax practitioners are looking to a trio of cases before the U.S. Tax Court to discern where the lines will be drawn between legitimate insurers and shams.

  • October 12, 2017

    Trump Axes Crucial ACA Cost-Sharing Subsidies

    The Trump administration late Thursday said it would immediately halt funding for billions of dollars in Affordable Care Act subsidies, calling them unlawful and potentially roiling health insurance marketplaces.

  • October 12, 2017

    7th Circ. Affirms Coverage Excluded For $24M Overdraft Deal

    The Seventh Circuit on Thursday affirmed that a Chubb Ltd. insurer doesn't have to cover BancorpSouth Inc.'s $24.5 million settlement of class claims that the bank rigged checking accounts to unfairly charge overdraft fees, agreeing with a lower court that an exclusion for claims related to fees bars coverage.

  • October 12, 2017

    AIG Fights Revival Of Office Depot FCA Coverage Battle

    AIG Specialty Insurance Co. on Thursday told the Ninth Circuit that a lower court properly ruled Office Depot isn't entitled to coverage for its costs to defend and settle a whistleblower's accusations that it overbilled public entities, saying a California insurance statute forbids insurance for such claims.

  • October 12, 2017

    What To Expect As BigLaw Vet Eric Hargan Runs HHS

    Eric Hargan, the BigLaw veteran who’s now leading the U.S. Department of Health and Human Services, is a conservative pragmatist whose approach to dialing back Obama administration regulations will likely be forceful but targeted, former colleagues tell Law360.

  • October 12, 2017

    Howard Hughes Corp. Wins Coverage For Sandy Damage

    A New York appellate court reversed a trial court Thursday to find XL Insurance America Inc. must cover a share of up to $50 million in damage to Howard Hughes Corp. properties from Superstorm Sandy, saying the lower court had interpreted a policy limit as an exclusion.

  • October 12, 2017

    7th Circ. Won't Revive Payors' Depakote Suit Against Abbott

    The Seventh Circuit declined Thursday to revive a proposed class action filed by welfare-benefit plans that claim they were ripped off when Abbott Laboratories Inc. illegally marketed its epilepsy drug Depakote for off-label uses, saying the tie between the marketing and the payors was too tenuous.

  • October 12, 2017

    Trump Loosens Insurance Rules In Bid To Weaken ACA

    President Donald Trump signed an executive order Thursday directing federal agencies to loosen rules on association health plans and temporary insurance plans, following months of failed bids in Congress to repeal and replace the Affordable Care Act.

  • October 11, 2017

    Pa. AG Sues Trump Over Birth Control Coverage

    Pennsylvania’s attorney general on Wednesday joined the American Civil Liberties Union and Democratic attorneys general from Massachusetts, Washington and California in challenging new Trump administration rules that dial back the Affordable Care Act’s contraception mandate by allowing employers to claim religious or moral objections.

  • October 11, 2017

    Mich. Tribe Wants More From Blue Cross In Hidden Fees Suit

    The Saginaw Chippewa Indian Tribe of Michigan urged the Sixth Circuit on Tuesday to overturn part of a lower court's ruling that Blue Cross Blue Shield of Michigan must pay the tribe roughly $8.4 million for charging hidden fees while managing the tribe's employee benefit plan, arguing it's owed another $5 million for identical claims connected with a group of tribe members.

  • October 11, 2017

    Liberty Mutual Needn't Cover Row Home Collapse: 4th Circ.

    A Liberty Mutual insurer doesn't have to pay a Washington, D.C.-area builder's losses from a row house collapse, the Fourth Circuit affirmed on Wednesday, agreeing with a lower court that multiple exclusions in the builder's property policy apply to bar coverage.

Expert Analysis

  • Series

    What I Learned In My 1st Year: Listen Carefully, Speak Up

    Marcy Rothman

    When I graduated from law school, I landed at an old-line firm in the Golden Triangle of Texas. Two significant things happened to me around that time. One pertained to learning to listen, and the other pertained to refusing to participate in what I heard, says Marcy Rothman of Kane Russell Coleman Logan PC.

  • The Clock Is Ticking For US Reinsurance Credit Laws

    David Alberts

    Last month, the U.S. Department of the Treasury, U.S. Trade Representative and the European Union executed the covered agreement finalizing approaches regarding controversial areas of insurance regulation. The U.S. must begin deliberations on the federal preemption of state insurance laws inconsistent with the covered agreement by July 2020, say attorneys with Mayer Brown LLP.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Chilling Litigation Tourism In Illinois 'Judicial Hellholes'

    Douglas Prochnow

    Corporations may welcome the Illinois Supreme Court's opinion in Aspen American Insurance v. Interstate Warehousing. A few of the Illinois counties affected by the ruling tied for sixth place on the American Tort Reform Foundation’s 2016-17 list of the nation’s “Judicial Hellholes,” say Blake Angelino and Doug Prochnow of Faegre Baker Daniels LLP.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Calif. Ruling Creates Uncertainty For Long-Tail Claims

    Lorelie Masters

    In Montrose v. Superior Court, a California appellate court recently adopted a horizontal exhaustion rule, seemingly at odds with other California decisions. The case may soon be taken up by the California Supreme Court, but in the meantime policyholders should anticipate Montrose-like arguments when developing strategies to maximize their insurance recoveries for long-tail claims, say attorneys with Hunton & Williams LLP.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases


    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • Financial Crisis Anniversary

    The Lasting And Evolving Role Of FSOC

    Amias Gerety

    The Financial Stability Oversight Council, created in the wake of the global financial crisis that caused so much human and economic damage over the last decade, has been a central point of controversy about the Dodd-Frank Act. But time will prove that the core purposes and duties of the council are important, say Amias Gerety and David Portilla, both formerly of the FSOC.