• April 13, 2018

    Cooper's Insurance Transfer Was Valid, NJ Court Affirms

    Cooper Industries LLC can tap into a slew of liability policies to cover a U.S. Environmental Protection action over the cleanup of a New Jersey Superfund site because it received a valid transfer of a corporate predecessor's insurance rights, a state appeals panel affirmed on Friday.

  • April 13, 2018

    Wells Fargo May Face $1B Fine For Customer Charges

    Wells Fargo & Co. could be fined as much as $1 billion by the Consumer Financial Protection Bureau and the Office of the Comptroller of the Currency to end investigations about questionable charges within its auto lending and mortgage units, the bank said on Friday.

  • April 12, 2018

    Schiff Hardin Asks 5th Circ. To Nix Insurer's Malpractice Suit

    Schiff Hardin LLP on Thursday asked the Fifth Circuit to end a suit by Ironshore Europe DAC claiming the law firm's bad advice about a product liability trial cost it $34 million, saying it has immunity under Texas law.

  • April 12, 2018

    2nd Circ. Revives Putative Class' Illegal Insurance Claims

    A Second Circuit panel on Thursday revived a putative class action against several insurance companies accused of offering illegal insurance, finding that a New York federal judge conflated the requirement for injury in fact with the underlying validity of the putative class’ argument.

  • April 12, 2018

    Chubb Stiffed Ex-Exec On $600K In Stock Pay, Suit Says

    A top Sompo International executive has accused his former employer Chubb of illegally withholding $600,000 in deferred stock compensation while the parties are embroiled in litigation over whether he stole Chubb's trade secrets and helped poach key employees.

  • April 12, 2018

    Real Estate Rumors: Ruben, Augustus Miller, Walton Street

    A Ruben Cos. venture has reportedly landed a $205 million loan from MetLife for a New York property, Miller Oil's Augustus Miller is said to have dropped $9.5 million on a Florida medical office center, and a Walton Street venture is reportedly buying an Illinois office complex for $125 million.

  • April 12, 2018

    Benesch Nabs Benefits Atty As Chicago-Based Partner

    Benesch Friedlander Coplan & Aronoff has brought on an experienced attorney from Vedder Price PC to handle a variety of employee benefit and compensation matters as a partner in its expanding Chicago office.

  • April 12, 2018

    Hotel Loses Appeal Of Hurricane Irene Coverage Loss

    A New York appeals panel on Thursday affirmed that Selective Insurance Co. of America doesn't have to cover an Albany hotel's costs to repair water damage from Hurricane Irene, agreeing with a lower court that an exclusion in the hotel's policy for gradual wear and tear applies to bar coverage.

  • April 12, 2018

    Drugmakers Duped Medicaid Rebate Regulators, 3rd Circ. Told

    A pharmaceutical executive urged the Third Circuit on Wednesday to revive his suit alleging Allergan Inc. and other companies shorted the federal government on drug rebate payments, arguing that the drugmakers understated the product prices on which the amount they owed was based.

  • April 11, 2018

    Broker Says It's Owed A Defense In Fight Over Policy Sales

    An insurance broker and its executives launched a lawsuit in Texas federal court Tuesday accusing a pair of liability insurers of wrongfully refusing to defend them against claims that the broker interfered with another insurance company's ability to sell policies.

  • April 11, 2018

    Conference Focuses On Sea Level Rise Resiliency For S. Fla.

    A climate change conference in Miami was a mixture of optimism and dread on Wednesday, as experts in the science, insurance and development communities presented sobering figures about sea level rise estimates and discussed how South Florida can build resilient communities to adapt to increased flooding.

  • April 11, 2018

    Aviva Ends $35M Note Fraud Claims Against Dewey Execs

    Former Dewey & LeBoeuf chief operating officer Dennis D’Alessandro on Wednesday entered into an agreed judgement to end claims that he helped mislead Aviva Life and Annuity Co.about the firm’s finances when Aviva bought $35 million in secured notes in 2010.

  • April 11, 2018

    Hartford’s Calif. Depreciation Deal Nears Initial OK

    A California federal judge said Wednesday that he will preliminarily approve Hartford Casualty Insurance Co.’s settlement with a certified class of more than 19,500 Golden State property owners, under which they will receive cash payments to resolve claims that the company illegally depreciated their properties and miscalculated sales tax.

  • April 11, 2018

    Lathrop Gage Snags LA Insurance Partner From Latham

    Lathrop Gage LLP has added an insurance recovery and counseling partner from Latham & Watkins LLP to its Los Angeles office, the firm announced Tuesday.

  • April 11, 2018

    War Exclusion Bars Film Relocation Coverage, 9th Circ. Told

    An insurer urged the Ninth Circuit on Wednesday to affirm a ruling that it doesn't have to cover an NBCUniversal production unit’s cost to move filming of a TV series away from Jerusalem amid a 2014 armed conflict between Israel and Hamas, arguing that an exclusion for war-related losses clearly applies.

  • April 11, 2018

    Insurer Must Defend NJ Atty Against Allstate's Fraud Claims

    A New Jersey federal judge on Tuesday denied Evanston Insurance Co.'s request to appeal a court ruling that requires the insurer to defend Perth Amboy attorney Karim Arzadi and his firm against allegations of fraud brought by Allstate in a state court lawsuit.

  • April 11, 2018

    Deal Insurance Market Matures As Draws Become Clear

    Representations and warranties insurance has blossomed into a common element of corporate transactions in recent years, propelled by more awareness of its benefits and an increasingly competitive market generating better terms, experts in the field say.

  • April 11, 2018

    Hercules Must Cover $5.5M In Fees In Oil Rig Fire Suit

    Hercules Offshore Inc. must indemnify a subcontractor for about $5.5 million in attorneys’ fees and expenses incurred in litigation stemming from a Louisiana offshore rig blowout, but Hercules itself is entitled to recoup those costs from an oil production company, a Texas federal judge ruled Tuesday.

  • April 11, 2018

    USA Gymnastics Sues Insurers Over Nassar Coverage

    USA Gymnastics has filed suit against seven insurers over coverage for “at least nine” lawsuits concerning its role in the scandal in which sports doctor Larry Nassar abused numerous athletes.

  • April 11, 2018

    3rd Circ. Won't Wade Into Prudential ERISA Class Action

    A panel of Third Circuit judges on Tuesday turned away Prudential Insurance Co. of America’s bid for review of a lower court's decision to certify a subclass in an Employee Retirement Income Security Act suit over life insurance payouts. 

Expert Analysis

  • Another Dismissal Of TCPA Claims Involving Nonprofits

    Eric Berman

    In Reese v. Anthem, a Louisiana federal court recently dismissed a putative class action alleging violations of the Telephone Consumer Protection Act. The decision is worth noting because the court’s analysis provides some useful judicial gloss on the issues of TCPA consent and the distinction between commercial and informational communications, says Eric Berman of Venable LLP.

  • 4 Key Questions For Insurers Evaluating ERISA Revisions

    Caitlin Strauss

    The U.S. Department of Labor's revisions to its Employee Retirement Income Security Act raise questions about how courts will interpret them. Insurers looking for clues as to how the plaintiffs' bar will used the regulations moving forward should look to the comments submitted by the bar, say Caitlin Strauss and Albert Moran of Saul Ewing Arnstein & Lehr LLP.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • Credit Unions Face Website Accessibility Claims Under ADA

    Nancy Rigby

    Credit unions have seen a wave of litigation claiming their websites are inaccessible to blind or low-vision plaintiffs, allegedly in violation of the Americans with Disabilities Act. While two credit unions recently succeeded in defending against such claims, it does not appear they are going away anytime soon, says Nancy Rigby of Weinberg Wheeler Hudgins Gunn & Dial LLC.

  • 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.