• February 7, 2018

    Judge Caps Escobar FCA Claims, Tells Attys 'Get On With It'

    A federal judge in Boston on Wednesday trimmed a False Claims Act lawsuit against Universal Health Services Inc. and ordered "full steam ahead" on the case that was bogged down in appellate disputes for years.

  • February 7, 2018

    Lawsuit Over $42M In Loans Could Kill $889M Greek Deal

    American billionaire John P. Calamos Sr. has hit a Dutch investment shop he reportedly co-founded with an Illinois state court suit seeking “immediate repayment” of $42 million in loans, potentially upending an $889 million deal between the onetime partners to purchase a Greek insurance company.

  • February 7, 2018

    Uber Deal Over Workers' Comp Class Action Hits Speed Bump

    A California judge on Wednesday refused to preliminarily approve Uber's settlement that would provide drivers with occupational accident insurance in exchange for ending putative class claims that the ride-hailing company improperly denied them workers’ compensation, saying the contract terms between the drivers and the insurance company are unclear.

  • February 7, 2018

    Deals Rumor Mill: Wyndham, Goldman Sachs, Ping An

    Wyndham is mulling a deal with Platinum Equity Partners, Goldman Sachs is close to a deal to buy personal finance startup Clarity Money, and Ping An’s venture capital arm wants to raise up to $1.3 billion with two funds.

  • February 7, 2018

    Aetna Sues, Settlement Admin Counters In HIV Privacy Case

    Aetna and its settlement administrator hit each other with separate lawsuits in Pennsylvania and California federal courts, respectively, this week, demanding that the other take responsibility for mishandling policyholders' sensitive data in underlying litigation stemming from a settlement involving HIV medications.

  • February 7, 2018

    Language Key In Builder's Coverage Fight At NY High Court

    A Bellevue Hospital building’s construction manager urged New York’s high court on Wednesday to ax a ruling that it’s not covered under a contractor’s policy with a Liberty Mutual unit for an underlying lawsuit over issues with the project, blaming the coverage denial on what it deemed poor grammar in a key policy provision.

  • February 7, 2018

    Ex-State Street Exec Faces New Charge Of Bilking Insurer

    Prosecutors on Wednesday added to a charge in a case against a former executive at State Street Corp., saying he duped a U.S. insurer into paying a hidden commission on fixed income trades just as he had overseas clients.

  • February 7, 2018

    School Snags Win Against Insurer Over $10M Policy Trigger

    The Anchorage School District has scored a quick win against Starr Indemnity and Liability Co. that will unlock $10 million in excess coverage, after an Alaska federal court ruled Wednesday that another insurer’s direct payout to an injured student was enough to activate the Starr policy.

  • February 7, 2018

    Insurer Must Cover Fraud Claims Against NJ Atty, Judge Says

    Evanston Insurance Co. must defend a New Jersey attorney against a state court lawsuit brought by Allstate accusing his firm and others of participating in a fraudulent personal injury protection claims scheme, because the allegations relate directly to his legal services, a federal judge ruled Wednesday.

  • February 7, 2018

    7th Circ. Revives Class Action Over MetLife Insurance Plan

    The Seventh Circuit revived a proposed $5 million class action lawsuit against MetLife on Tuesday, ruling that a lower court was too quick to dismiss claims of deceptive practices and consumer fraud brought by a senior citizen whose insurance premiums went up at age 67 despite having purchased the company’s “Reduced Pay at 65” plan.

  • February 7, 2018

    Yahoo Slams Insurer's Bid To Duck Email Suit Coverage

    Yahoo batted back at insurer National Union on Tuesday in a California federal court fight over coverage for multiple class actions that accuse Yahoo of scanning customers' emails, saying it deserves coverage for the defense costs and ancillary sums it paid out in a settlement.

  • February 6, 2018

    After Tragedy, Mom Says Pharmacists Must Seek Docs' Rx OK

    The Massachusetts Supreme Judicial Court on Tuesday considered giving pharmacists new legal obligations in the wake of a young woman's death from seizure complications while her epilepsy medication was caught in administrative limbo.

  • February 6, 2018

    Apple, Cisco Partner With Insurers For Novel Cyber Coverage

    Apple and Cisco are teaming up with a pair of insurers to offer discounted cyber insurance policies for companies that submit to a risk assessment and use certain of the tech giants' products to help guard against threats such as ransomware and malware attacks, the companies said Monday.

  • February 6, 2018

    MassMutual Stiffed Policyholders On Dividends, Jury Told

    MassMutual has breached its contracts with 300 term life insurance policyholders by refusing to pay them a total of $717,000 in dividends even as the company’s bank account swelled, counsel for a certified class of policyholders told a California jury during Tuesday opening statements.

  • February 6, 2018

    Chubb Needn't Fill Cleanup Coverage Gaps, NY Justices Hear

    A Chubb insurer told New York's highest court on Tuesday it shouldn't be required to pay a National Grid PLC unit's costs to clean up contamination at manufactured gas plants attributed to years when no pollution liability insurance was available in the marketplace, saying a ruling to the contrary would violate the clear terms of its policies.

  • February 6, 2018

    House Passes Government Funding Band-Aid

    Congress took a step toward avoiding a government shutdown this week, with a House vote Tuesday to keep the government open through mid-March and with top lawmakers saying a long-term spending deal was nigh.

  • February 6, 2018

    6th Circ. Revives Ohio Atty's Malpractice Coverage Suit

    The Sixth Circuit on Tuesday revived a lawyer's coverage suit against a malpractice carrier in connection with a real estate deal, saying the underlying claim brought against the lawyer was not “reasonably foreseeable” after he investigated and decided there would likely not be a claim against him.

  • February 6, 2018

    Docs Call Cigna's 11th Circ. Appeal Over $25M Deal Premature

    Cigna and others cannot challenge an arbitral decision forcing them to attend a hearing in a dispute over a $25 million class settlement's distribution because the arbitration is still happening, a health care providers group told the Eleventh Circuit on Monday.

  • February 6, 2018

    AIG Picks Up Gibson Dunn Star, Former CIA GC

    A former CIA general counsel is leaving Gibson Dunn after helping launch its national security practice group last year to join American International Group Inc. as general counsel of the company’s general insurance unit.

  • February 6, 2018

    Hercules Wants $4.8M In Atty Fees In Drilling Fire Suit

    A drilling contractor on Monday asked a Texas federal court for $4.8 million in attorneys' fees and expenses from the owner of an offshore gas drilling platform after the court ruled the owner was required to cover the contractor’s costs in a dispute over liability for a fire that destroyed the rig.

Expert Analysis

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • Clashing Marijuana Laws Create Insurer Anxiety

    Hernán Cipriotti

    The dichotomy between federal and state marijuana laws challenges courts to evaluate the validity of contracts, including insurance policies. While only a handful of such cases were litigated last year, insurers and marijuana businesses alike are anxious to see how courts will deal with certain claims expected to surface. Some of the latest case law comes from Arizona and Michigan, says Hernán Cipriotti of Zelle LLP.

  • How The Cybersecurity Legal Landscape Changed In 2017

    Jonathan Kolodner

    Over the last year, the existential risk posed by cyberattacks and data security vulnerabilities has become one of the top concerns for boards of directors, management, government agencies and the public. 2017 was punctuated by a series of headline-grabbing breaches, fast-moving regulatory developments around the globe, and record-breaking settlements by companies, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Looking Back At The Life Settlements Industry In 2017

    Casey_Brian_Locke Lord LLP.jpg

    While 2017 was a relatively quiet year on the regulatory front for life settlements, Delaware and Florida adopted major legislative reforms that will affect the industry. Adjustments to the federal income tax code at the end of the year also brought some important changes, say Brian Casey and Thomas Sherman of Locke Lord LLP.

  • The Rise And Fall Of Statistical Sampling In RMBS Cases

    Amanda Lawrence

    In the early days of the residential mortgage-backed securities and repurchase litigation that followed the 2008 crisis, plaintiffs’ strategy of proving their allegations through statistical sampling was highly successful. However, in recent years, a new trend has emerged, say attorneys with Buckley Sandler LLP.

  • What To Do With Performance Bonds When Projects Default

    Gary Strong high rez.jpg

    Sureties have surety defenses which sometimes allow them to disclaim coverage under performance bonds. However, this often requires a long and lengthy litigation in which the surety must sustain multiple burdens of proof, says Gary Strong of Seiger Gfeller Laurie LLP.

  • Will Crisis Management Insurance Cover Ransomware?

    Jeffrey Weinstein

    Kidnap, ransom and extortion insurance policies are now under increased scrutiny by insureds seeking potential coverage for ransomware attacks. Determining whether or not these attacks constitute extortion will raise new questions and issues, say Jeffrey Weinstein and Bruce Kaliner of Mound Cotton Wollan & Grreengrass LLP.

  • Severe Weather Events Create Insurance Dilemmas

    Edward Murphy

    In recent years, severe weather events and natural catastrophes have been on the rise in California and elsewhere. Some insurers are becoming more restrictive with their homeowners policies, leaving many without adequate insurance for natural disasters, says Edward Murphy of Foran Glennon Palandech Ponzi & Rudloff PC.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.