• November 6, 2017

    Has Trump Been Good For BigLaw?

    Last November’s Election Day triumph for Donald Trump seemed likely to bring about, as one consultant put it, a “legal industry on steroids.” A year on, though, the picture for law firms is decidedly mixed.

  • November 6, 2017

    Who’s Repping Whom? Law360’s Guide To The Mueller Probe

    As Robert Mueller’s investigation of the Trump campaign draws a slew of corporate attorneys to the scene, here’s a look at the legal firepower representing figures in the special counsel’s inquiry.

  • November 6, 2017

    Liberty Says NYC Counsel Fees Of $250 Per Hour 'Excessive'

    Liberty Mutual Insurance Co. asked a New York federal judge Friday to limit the attorneys' fees it must pay to New York City connected to the defense of a group of underlying injury suits, saying the $250-per-hour request is “excessive for basic personal injury litigation.”

  • November 6, 2017

    UK Insurers Told To Find New Arbitrator In WTC Dispute

    A pair of U.K. insurers were ordered by a U.K. High Court judge on Monday to appoint a new arbitrator in their dispute with Tonicstar Ltd., an indirect subsidiary of Berkshire Hathaway Inc., over reinsurance liabilities arising out of the attack on the World Trade Center in New York in September 2001.

  • November 3, 2017

    ACE Insurance Must Pay $1.1M For Pollution Judgment

    A Georgia federal judge on Friday ordered ACE American Insurance Co. to pay Wattles Co. $1.13 million after an underlying trial over coverage for acid damage at a battery factory previously occupied by later-bankrupt Exide Technologies.

  • November 3, 2017

    Humana Sues For $611M In ACA Risk Corridor Payments

    Humana Inc. hit the federal government Thursday with a suit in the U.S. Court of Federal Claims demanding more than $611 million in unpaid subsidies under the Affordable Care Act’s controversial risk corridors program.

  • November 3, 2017

    Feds, Schemer's Wife Reach Deal On Fla. Home Forfeiture

    Prosecutors asked a Florida federal judge Thursday to approve a deal with the wife of a Miami man hit with a nearly $13.9 million forfeiture decision for his role in a $126 million health care fraud scheme to split sale proceeds of a home included in that judgment.

  • November 3, 2017

    Fed. Circ. Finds IV Computer Patent Invalid Under Alice

    The Federal Circuit affirmed Friday a lower court ruling that found an Intellectual Ventures patent on screening for “errant” computer files was invalid under the U.S. Supreme Court’s Alice ruling, agreeing that the company failed to show that the patent’s claims were not abstract.

  • November 3, 2017

    Nonprofit Could Boost Insurance Arbitration Scene In Asia

    A new nonprofit organization aimed at improving the insurance and reinsurance alternative dispute resolution process in Asia has just been launched in Hong Kong, and experts say the initiative is likely to provide a welcome boost to the region’s arbitration capabilities as its economy continues to boom.

  • November 3, 2017

    Deals Rumor Mill: Broadcom, CVS, Belfius

    Broadcom may offer to buy Qualcomm for $100 billion or more, CVS and Aetna are in the late stages of negotiating a blockbuster merger that could be worth upward of $70 billion, and Belgian state-controlled bank Belfius is readying an IPO that could value it at up to €8 billion.

  • November 3, 2017

    No Coverage For Smelting Emission Claims: Mo. High Court

    A Travelers unit doesn't have to cover lead smelter Doe Run Resources Corp.'s costs to defend a slew of suits brought on behalf of children who allege they were injured by toxic emissions from Doe Run's facility in Peru, the Missouri Supreme Court has ruled, holding that the pollution exclusion in the insurer's policy clearly bars coverage.

  • November 3, 2017

    House OKs CHIP Extension Funded By Tighter ACA Rules

    The House of Representatives on Friday approved a five-year reauthorization of the Children's Health Insurance Program, simultaneously cutting some prevention and other funds from the Affordable Care Act.

  • November 3, 2017

    AIG Again Denied Appeal Over Award In Hong Kong

    Hong Kong's Court of Final Appeal on Friday dismissed AIG Inc.’s bid to challenge to an arbitral award canceling the insurer's rights to a $475 million deposit on an aircraft leasing unit following a botched sales agreement, finding that the insurer's constitutional challenge to a law barring its efforts to set aside the decision have fallen flat.

  • November 2, 2017

    Lab That UnitedHealth Accused Of Fraud Sues Lloyd's

    Next Health LLC sued insurer Lloyd’s of London on Thursday in Texas state court over its refusal to cover a row with insurer UnitedHealthcare over some $36 million worth of lab testing, partially linked to fraud allegations against a Next Health client.

  • November 2, 2017

    State AGs Rip HHS Opt-Outs For ACA Birth Control Mandate

    Four state attorneys general signed on Thursday to a lawsuit in California federal court challenging Trump administration regulations allowing employers to dodge Affordable Care Act requirements to provide coverage for contraception under exemptions for religious or moral objections.

  • November 2, 2017

    Insurer Claims Lies Nix Duty To Defend In $100M Fraud Row

    Insurer Hiscox Dedicated Corporate Member asked a Texas federal judge on Thursday for a ruling that it doesn't have to cover litigation costs for Next Health LLC in a suit alleging the health care group and its subsidiaries illegally billed $100 million in lab services because Next Health lied on its policy application.

  • November 2, 2017

    Liberty Win Widens Split On SEC Probe Costs, 10th Circ. Told

    MusclePharm Corp. has asked the Tenth Circuit for a rehearing after the court found that a formal announcement of a U.S. Securities and Exchange Commission investigation didn't trigger coverage under a Liberty Insurance Underwriters Inc. policy, saying the ruling will widen a circuit split over the “exceptionally important” issue.

  • November 2, 2017

    Insurers' Suit Against IRS Over Reporting Rules Nixed

    A Tennessee federal judge on Thursday dismissed insurers’ suit accusing the Internal Revenue Service of unfairly labeling them as tax scammers in a notice on so-called captive insurance companies.

  • November 2, 2017

    Insurance Watchdogs Seal Deal On Global Capital Standard

    Global regulators announced on Thursday that they have signed a “watershed” deal to phase in a single new capital requirement that will govern major insurance groups trading across borders.

  • November 1, 2017

    Posco Daewoo Not Covered For Transfer Fraud, Judge Rules

    Travelers doesn't have to cover importer-exporter Posco Daewoo America Corp.'s losses to a fraudulent scheme that caused a customer to wire payments to sham bank accounts, a New Jersey federal judge ruled Tuesday, finding that Daewoo didn't own the funds as required for computer fraud coverage under its crime policy.

Expert Analysis

  • Undertaking Property Repair Or Replacement As An Insurer

    Brian Devilling

    When it comes to paying for damaged property, perhaps the riskiest option is undertaking repair or replacement of the property. Insurers must carefully evaluate their potential liability, which may outweigh the marginal savings, say Brian Devilling and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • In The End, Pa. Supreme Court Only Clarifies Bad Faith Law

    Jonathan MacBride

    Although the initial response to the Pennsylvania Supreme Court's recent decision in Rancosky v. Washington is that it significantly alters the state's bad faith law, closer examination shows although the court had the opportunity to create a heightened standard of bad faith, its decision did not lower the bar for policyholders, say Jonathan MacBride and Laura Bartlow of Zelle LLP.

  • The Revolution Of Employer-Sponsored Health Insurance

    Eric Schillinger

    Last week, President Donald Trump issued an executive order regarding the federal laws governing health care and insurance. The order itself does not change the existing rules, but it has the potential to fundamentally transform how employers provide employer-sponsored health insurance, says Eric Schillinger of Trucker Huss APC.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • 4th Circ. Weighs In On Recovering Overpaid Benefits

    Marianna Jasiukaitis

    The Fourth Circuit recently ruled in Retirement v. Brewer that overpayments of retirement benefits to defined benefit pension plan participants were recoverable. The case boiled down to whether an optional lump sum benefit was an unsubsidized lump sum based on a normal retirement annuity and not an early retirement annuity, says Marianna Jasiukaitis of Funk & Bolton PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • New Insurance Platforms Arguably Require Producer Licenses

    Zachary Lerner

    Last week, the CEO of the National Association of Insurance Commissioners questioned Lemonade Insurance Company's peer-to-peer service, expressing concerns that Lemonade's partners may require a producer license. New, innovative ideas like Lemonade's platform can benefit potential insureds, but also present regulatory concerns, says Zachary Lerner of Locke Lord LLP.

  • Do Defect Notice Letters Trigger The Duty To Defend?

    Elliotte Quinn

    Following recent oral arguments on a certified question from the Eleventh Circuit in Altman v. Crum, the Florida Supreme Court is set to decide when defense under commercial general liability insurance begins. The decision will be significant because of the state's outsize role in construction defect litigation, says Elliotte Quinn IV of Parker Poe Adams & Bernstein LLP.