• August 22, 2017

    UHC Ignoring Subpoena In Testosterone MDL, Endo Says

    UnitedHealthcare should hand over subpoenaed information about its dealings in testosterone replacement drugs if it wants to become part of a proposed class of insurers and third-party payors accusing drug companies of fraudulently marketing the drugs, Endo Pharmaceuticals Inc. told an Illinois federal court Monday.

  • August 22, 2017

    AARP Gets Wellness Regs Kicked Back To EEOC

    The U.S. Equal Employment Opportunity Commission must reconsider two regulations surrounding employer-sponsored wellness programs that had been challenged by the AARP, a federal judge found Tuesday, but he kept the rules in place for the time being to avoid "disruption and confusion."

  • August 21, 2017

    Shipyard Loses Reconsider Bid In Sandblasting Coverage Suit

    A Louisiana federal judge has refused to reconsider her July decision to release a pair of insurers from multiple suits over coverage for injuries allegedly caused by careless sandblasting in a Louisiana shipyard.

  • August 21, 2017

    Markel Unit, Builder Settle Condo Defect Coverage Suit

    A Markel Corp. insurer and a builder settled a dispute on Monday over whether a policy exclusion barred coverage for defects in a Florida construction project because the damage was to the contractor's own work.

  • August 21, 2017

    11th Circ. Says Medicare Advantage Fight Not Ready For Court

    Hospitals must exhaust their administrative remedies before suing to recover Medicare Advantage reimbursements allegedly improperly recouped by insurers managing Advantage plans, the Eleventh Circuit ruled Friday in a dispute between 11 hospitals and a UnitedHealthcare unit.

  • August 21, 2017

    Why Midsize Firms Run The Gamut On Diversity

    Midsize firms on average are the least racially and ethnically diverse, but the level of diversity also varies widely among firms in this group, according to the latest Diversity Snapshot. Here’s a look at how a few of these firms are faring.

  • August 21, 2017

    Law Firms Head Back To School For Diversity Guidance

    A handful of law firms have agreed to put themselves under the lens of academia in an effort to root out structural inequalities and implicit bias. Here’s a look at what they’re finding.

  • August 21, 2017

    Yahoo Gets $4.4M March Madness Ding In 5th Circ. Reversal

    The Fifth Circuit said Monday that Yahoo Inc. must pay $4.4 million after backing out of a deal with prize insurer SCA Promotions Inc. involving a $1 billion NCAA March Madness contest, reversing the technology giant's $550,000 refund on an initial payment to SCA.

  • August 21, 2017

    GCs Find New Urgency In Longtime Push For Diversity

    In-house attorneys are intensifying long-standing efforts to diversify their outside counsel, and they’re looking to create a critical mass of law department leaders that will bring about meaningful change.

  • August 21, 2017

    Travelers Must Face Bias Suit Over Housing Policies

    Travelers Indemnity Co. must face a suit alleging its housing insurance practices in the D.C. metro area are discriminatory under the Fair Housing Act’s “disparate impact” framework, a D.C. federal court said Monday in a ruling that could hamstring the insurance industry’s broader legal battle against FHA disparate impact claims.

  • August 21, 2017

    Insurer Accused Of Underpaying NJ Out-Of-Network Providers

    A cardiac surgery group slammed UnitedHealthcare on Friday with a putative class action in New Jersey federal court alleging that the insurer has systematically underpaid out-of-network providers for emergency medical services and directed its insureds to ignore bills from such physicians.

  • August 21, 2017

    NFL's Bid For Attys' Fees From Ex-Player's Counsel Nixed

    A federal judge on Monday denied a bid from the NFL Player Disability and Neurocognitive Benefit Plan and its board to assess attorneys' fees against a former player's counsel, holding there's no precedent to support the request.

  • August 21, 2017

    Texas Justices Won't Hear Auto Policy Family Exclusion Row

    The Texas Supreme Court on Friday declined to review two lower courts’ findings that insurer State Farm did not have to cover claims made against a father for injuries sustained by his son as a minor.

  • August 21, 2017

    NJ Doc Sues Insurance Co., Attys For Malpractice In $1M Loss

    A surgical center and its medical director have launched a malpractice action in New Jersey state court against insurance agents and attorneys, saying the center and doctor were forced to declare bankruptcy after being hit with a more than $1 million judgment in a pregnancy discrimination lawsuit from their former employees.

  • August 21, 2017

    Verisk Analytics Lands Insurance Software Co. For £250M

    U.S. data analytics firm Verisk Analytics Inc. has agreed to buy London-based Sequel, a private-equity-backed insurance and reinsurance software company, in a deal worth £250 million ($322.5 million), the companies said Monday.

  • August 21, 2017

    5th Circ. Nixes $2.5M Asbestos Excess Coverage Ruling

    The Fifth Circuit on Friday vacated an order requiring excess insurer U.S. Fire Insurance Co. to pay $2.5 million to a primary carrier to cover the cost of asbestos claims against a custom fabricator, finding that a pollution exclusion in U.S. Fire's policy applies to the claims, but that a lower court must decide whether an exception to the exclusion is in play.

  • August 21, 2017

    USAA Drivers Seek $5.1M In Attys' Fees In Tax Comp Deal

    Lawyers representing United Services Automobile Association policyholders asked in Florida federal court Saturday for the agreed-to max of $5.1 million in attorneys' fees, plus $100,000 in costs, after settling a class action accusing USAA of shorting sales tax reimbursement for replacing totaled cars.

  • August 18, 2017

    How 5 Firms Are Building More Diverse Ranks

    Many are investing in recruitment and retention initiatives aimed at minorities, while at least one is finding that its hiring efforts naturally bring in diverse attorneys. Here’s a look inside a few of the firms that added 20 or more minority attorneys in 2016.

  • August 18, 2017

    The Top Firms For Minority Equity Partners

    The racial makeup of BigLaw’s equity partnership has barely budged in recent years, but some law firms are making notable strides on diversity at the top. Here are the firms with the most racially diverse equity tiers, according to Law360’s Diversity Snapshot.

  • August 18, 2017

    Racial Diversity Stagnating At US Law Firms

    The legal industry has again failed to make substantial progress on hiring and promoting minority attorneys, according to Law360’s annual headcount survey, despite more minorities graduating from law school than ever before.

Expert Analysis

  • Opioid Litigation: What’s On The Horizon

    David Schwartz

    As prescriptions for pain-suppressing opioids have soared, some have speculated that litigation will follow. Such litigation could take various forms, including personal injury lawsuits making design defect and/or failure-to-warn claims, consumer fraud actions, and more. Manufacturers and retailers should take steps now to protect themselves, say authors from Innovative Science Solutions and Locke Lord LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • A New Legal Precedent: Insurance Agents As Employees

    Kristine Ellison

    An Ohio district court's ruling in Jammal v. American Family is notable for is departure from industry practice and prior precedent treating many insurance agents as independent contractors. Insurers and other employers will be watching the U.S. Court of Appeals to see what guidance this case ultimately provides for assessing contractor status, say attorneys with Eversheds Sutherland LLP.

  • Why D&O Policies Should Cover Del. Appraisal Proceedings

    Peter Gillon

    Appraisal proceedings, unique to Delaware law, require acquiring corporations to pay shareholders if the price of a merger or acquisition deal is below fair market value. Fortunately directors and officers insurance might be able to cover affected companies' defense and other costs, say Peter Gillon and Benjamin Tievsky of Pillsbury Winthrop Shaw Pittman LLP.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer


    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Why UnitedHealthcare's Litigation Against CMS Is Unique

    Ursula Taylor

    UnitedHealthcare's efforts to challenge a Centers for Medicare and Medicaid Services overpayment rule has the potential to benefit other Medicare Advantage organizations. However, those hoping to ride on UHC's coattails and benefit from a swift and clean victory should understand UHC's unique litigation position, says Ursula Taylor of Butler Rubin Saltarelli & Boyd LLP.