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Insurance

  • January 2, 2019

    Schiff Hardin Escapes Insurer's Malpractice Suit At 5th Circ.

    Schiff Hardin LLP can’t be held liable to Ironshore Europe DAC for representations it made to the insurer during a product liability trial because those representations were made as part of the law firm’s legal services to its client, a Fifth Circuit appeals panel ruled Wednesday.

  • January 2, 2019

    Allergy Co.'s Antitrust Suit Recycles Failed Trial, BCBS Says

    An antitrust suit over coverage of allergy testing and immunotherapy services is a blatant attempt to relitigate a lost trial by naming new defendants for the same conspiracy, Blue Cross Blue Shield of Louisiana told a federal court in New Orleans in a push to dismiss the suit Wednesday.

  • January 2, 2019

    Shutdown 'A Real Challenge' For Cash-Strapped Courts

    Federal courts have dipped into spare funds to remain open during the current government shutdown, but they may soon have to make tough staffing and litigation decisions if the political impasse continues past next week, when those reserves are expected to dry up.

  • January 2, 2019

    Power Co.'s Actions Were No Accident, Zurich Tells 1st Circ.

    Zurich American Insurance Co. on Wednesday urged the First Circuit to overturn a lower court’s ruling that it must defend Electricity Maine LLC in a proposed class action claiming the power company overbilled customers by about $35 million, arguing that coverage is not available because the underlying action alleges only uncovered intentional conduct.

  • January 2, 2019

    Transamerica Corp. Hit With ERISA Class Action Over 401(k)

    A proposed class of roughly 17,000 participants in Transamerica Corp.'s 401(k) plan have sued the financial services company in Iowa federal court, claiming it flouted the Employee Retirement Income Security Act by placing six allegedly underperforming proprietary funds on the plan's investment lineup.

  • January 2, 2019

    Bar Says Insurer, Atty Botched Fatal Tent Collapse Case

    The owners of a St. Louis bar are suing its liability insurer after they were hit with $5.2 million in damages in a suit over a deadly tent collapse, claiming the insurer and the attorney it hired ignored an opportunity to settle for far less.

  • January 2, 2019

    Wells Fargo Settles Calif.'s Insurance Sales Claims For $10M

    Wells Fargo & Co. has agreed to pay up to $10 million to resolve the California Department of Insurance's allegations that it signed up consumers for renters and life insurance without their permission, the regulator announced Wednesday.

  • January 2, 2019

    Former Insys CEO Will Plead Guilty In Opioid Kickback Case

    The former chief executive of Insys Therapeutics has agreed to plead guilty to conspiracy and mail fraud for his role in a scheme to bribe doctors to prescribe the company's fentanyl-based painkillers, prosecutors said in a court filing.

  • January 1, 2019

    Florida Legislation And Regulation To Watch In 2019

    A leadership transition in Florida, with a new governor, House speaker and Senate president, has produced an optimistic outlook — and even hints of bipartisanship — for moving beyond a challenging year in 2018 and tackling pressing issues regarding health care, the environment, medical marijuana and insurance in 2019, according to lawyers and government specialists.

  • January 1, 2019

    Health Care Policy Moves To Watch In 2019

    Health care providers and insurers in 2019 will confront an eye-popping array of regulatory endeavors, including a new "blacklist" that shames accused fraudsters, an expansion of kickback liability, and potentially dramatic changes to Medicare reimbursement. Here, Law360 explains health policy developments that lawyers need to track in the year ahead.

  • January 1, 2019

    Delaware Cases To Watch In 2019

    A bellwether merger appraisal appeal, a spotlight on “enhanced” director independence, a trial over a mega-merger meltdown and an appeal from a rare deployment of the “implied covenant” in a contract dispute all lay ahead as 2019 opens in Delaware’s Chancery and Supreme Courts.

  • January 1, 2019

    Insurance Cases To Watch In 2019

    Insurance attorneys will have plenty to chew on in 2019, with the Connecticut Supreme Court poised to weigh in on multiple issues of first impression regarding coverage for asbestos injury claims and Georgia's high court set to offer guidance on the prerequisites for policyholders to sue their insurers for bad faith.

  • January 1, 2019

    Federal Tax Cases To Watch In 2019

    On the docket in 2019 are several interesting federal tax cases worthy of the attention of practitioners, including disputes over domestic manufacturing deductions, the statute of limitations on fraud and the clergy housing tax exemption. Here, Law360 explores five cases worth watching in the new year.

  • January 1, 2019

    New Jersey Cases To Watch In 2019

    New Jersey businesses will enter 2019 bolstered by a slew of state high court victories in 2018, which ushered in stricter litigant witness guidelines in mass torts targeting pharmaceutical giants like Hoffmann-La Roche Ltd., along with a tougher burden-of-proof standard in consumer protection class actions against retailers.

  • December 21, 2018

    Parts Of $69B CVS-Aetna Deal Gets Temporary Greenlight

    After CVS Health Corp. agreed to submit quarterly declarations that it is keeping parts of its business separate from its recently purchased Aetna Inc. assets, a D.C. federal judge said Friday that he won't stop CVS' efforts to integrate other parts of Aetna's business while he reviews the multibillion-dollar merger.

  • December 21, 2018

    Top 5 International Tax Cases Of 2018

    The past year saw a number of important international tax cases, including rulings about conflicting statutory and regulatory language involving U.S.-held foreign financial accounts and a $608 million fine paid by Boston Scientific Corp. in a transfer pricing dispute. Here, Law360 looks at the top five international tax cases of 2018.

  • December 21, 2018

    Feds Blast Ex-Platinum Execs' Misconduct Claims

    Brooklyn federal prosecutors urged a judge to reject “inflammatory” misconduct claims by former Platinum Partners executives facing fraud charges, saying cooperators were kept secret not to give prosecutors an edge but because of “legitimate fear” of backlash from their cooperation.

  • December 21, 2018

    Kaiser Settles Calif. Suit Over Alleged 'Patient Dumping'

    Kaiser Foundation Health Plan Inc. has agreed to settle a putative class action alleging the insurer forces disabled psychiatric patients to cancel their insurance plans so they can be transferred and admitted to public facilities, according to court documents.

  • December 20, 2018

    Condé Nast Wants Insurer To Cover $13.8M Settlement Costs

    Condé Nast accused Mutual Insurance Co. of reneging on its policy coverage obligations over the media company's $13.75 million settlement with a class of magazine subscribers who said their customer data was sold without their consent, according to a lawsuit filed in New York state court Thursday.

  • December 20, 2018

    Penn Millers Atty Dodges DQ In Storm Damage Claim Row

    A Texas federal judge on Wednesday ruled that an attorney at a Lubbock law firm can serve as Penn Millers Insurance Co.’s local counsel in a dispute over a storm damage claim despite employing the opposing party’s former legal assistant.

Expert Analysis

  • Q&A

    BigLaw Alums Q&A: Mark Migdal's Lara O'Donnell Grillo

    Lara O’Donnell Grillo

    BigLaw firms tended to be inflexible, with methods that were inconsistent with how I wanted to practice law. There were many time-wasting aspects of the practice, says Lara O’Donnell Grillo of Mark Migdal & Hayden.

  • The Latest On Bristol-Myers' Class Action Application

    Ted Holt

    The U.S. Supreme Court's Bristol-Myers Squibb opinion left open the question of whether the personal jurisdiction holding extends to nationwide class actions. While no circuit court of appeals has weighed in, the Fifth Circuit and the D.C. Circuit are on the verge of doing so, say Ted Holt and Mary Caroline Wynn of Maynard Cooper & Gale PC.

  • NY Offshore Wind Carries Unique Challenges For Insurers

    Sophie Shiffman

    New York state's abundant wind resources and strong government backing for renewables make it ripe for expansion in offshore wind energy. But the Atlantic coastline, a prime site for wind farm installation, also poses special challenges for development — and special considerations for the insurance industry, say attorneys at Clyde & Co. LLP.

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

  • Maximizing Insurance Payouts After The California Fires

    Richard Giller

    California residents impacted by the ongoing 2018 fires can benefit from recently enacted legislation as well as several important insurance lessons learned from the claims submitted in connection with the 2017 wildfires, say Richard Giller and Katherine Ellena of Reed Smith LLP.

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • Don't Panic: Harvey Doesn't Alter Florida's Bad Faith Standard

    Stephen Marino

    Despite the Florida Supreme Court’s consistency with 80 years of precedent in its latest bad faith ruling, Harvey v. Geico, the dissenting opinions — and recent commentary — predict that “mere negligence has now become bad faith” and warn of fabricated claims and market chaos. Stephen Marino and Benjamin Hassebrock of Ver Ploeg & Lumpkin PA disagree.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • New Construction Trends And Their Impact On Contracts

    Joanna Horsnail

    Trends and technologies such as performance-based and resilience-oriented design, modular construction, and the use of drones are changing complex construction and engineering projects — and will require careful consideration and analysis during project negotiation and contracting, say attorneys with Mayer Brown LLP and engineers with Exponent Inc.