• January 24, 2018

    Express Scripts Escapes Shareholder Class Action

    A federal judge in New York on Tuesday dismissed a shareholder suit against Express Scripts claiming company officials misled investors about the pharmacy benefit managers’ rocky partnership with Anthem Inc., saying the shareholders failed to meet federal requirements for a derivative action.

  • January 24, 2018

    Miami Class Action Atty Exits Kozyak Tropin To Start Firm

    Miami-based class action attorney Adam Moskowitz has left Kozyak Tropin & Throckmorton PA after a prominent 25-year career there to launch a firm of his own, with plans to focus his new firm’s practice primarily on representing plaintiffs in class actions and commercial litigation, the Moskowitz Law Firm said Wednesday.

  • January 24, 2018

    Marijuana Operation Seeks Coverage In Tenant Damage Case

    A district court erred when it found that $500,000 in damages caused by tenants who converted several warehouses to grow marijuana didn’t constitute “vandalism” and therefore the damages weren’t covered under an insurance policy, KVG Properties Inc. told the Sixth Circuit on Tuesday.

  • January 24, 2018

    Lesbian Couples Lose Challenge To NJ Insurance Rules

    A New Jersey federal judge on Tuesday tossed a lawsuit alleging the state discriminates against lesbians seeking insurance coverage for infertility treatments, ruling that the public agencies and individuals named in the suit are shielded by sovereign immunity.

  • January 24, 2018

    Diocese Slams Insurer In Sex Abuse Claims Row At 2nd Circ.

    The Archdiocese of Hartford, Connecticut, on Tuesday asked the Second Circuit to find that Interstate Fire and Casualty Co. has a duty to cover settlements with victims who say they were sexually abused by priests, rebutting the insurer's argument that those claims were excluded from the policy.

  • January 24, 2018

    2 Dealership Workers Convicted In $1.6M Racketeering Plot

    Two Indianapolis car dealership workers accused of taking part in a racketeering scheme that allegedly duped lenders and insurance companies out of $1.6 million have been found guilty of racketeering conspiracy and transporting stolen goods, federal prosecutors said Wednesday.

  • January 24, 2018

    Insurance Group of the Year: Reed Smith

    Reed Smith LLP's insurance recovery practice had a splashy year, with a huge bad faith finding in Pennsylvania and a significant ruling expanding coverage for private equity firms, landing it among Law360's Practice Groups of the Year.

  • January 24, 2018

    Rite Aid Customers Sue Over Excessive Generic Rx Copays

    Rite Aid Corp. has been overcharging insured customers for their prescription generic drugs by misreporting how much it charges customers who buy the same drugs without insurance, according to a putative class action filed Tuesday in California federal court.

  • January 24, 2018

    Allergan Vies For Insurance Coverage Lists In Asacol Trial

    Allergan and Warner Chilcott on Tuesday asked a Massachusetts federal court for an order stating that lists of prescription drugs covered by insurers are admissible evidence during an antitrust trial brought by a class of organizations that purchased ulcerative colitis drug Asacol.

  • January 24, 2018

    Mayors Group Wins $8M From Retirement Plan Administrator

    The United States Conference of Mayors won $8 million from Great-West Life Insurance & Annuity Co. on Tuesday when a Washington, D.C., federal jury found the company broke its promises in marketing retirement plans for city workers across the country.

  • January 24, 2018

    SEC Probing GE's Accounting After $15B Insurance Shortfall

    The U.S. Securities and Exchange Commission is investigating the circumstances behind the $15 billion General Electric Co. is adding to reserves for its reinsurance arm after it reassessed the rising cost of claims made under long-term care policies, the company said on Wednesday.

  • January 23, 2018

    Lloyd's Must Cover $10M Deal In Omni Execs Suit: 11th Circ.

    Lloyd's of London can't duck a $10 million payout to settle claims that executives of insured Omni National Bank spearheaded a risky program to renovate foreclosed properties instead of selling them, the Eleventh Circuit said Tuesday, affirming a lower court's ruling that exclusions cited by the insurer don't apply.

  • January 23, 2018

    DLA Piper Adds 2 Partners To Chicago Office

    DLA Piper’s Chicago office gained two experienced litigation partners this week with the addition of Amy Rubenstein and John Scholnick from Schiff Hardin LLP, the firm announced Monday.

  • January 23, 2018

    3rd Circ. Won't Revive Insurance Row Amid Parallel Action

    A Third Circuit panel on Tuesday refused to revive Esurance Insurance Co.’s federal court lawsuit seeking a ruling that it does not have to defend two women accused of child abuse in underlying state court cases, saying the insurer has filed a parallel coverage lawsuit in state court.

  • January 23, 2018

    Scottsdale Off The Hook For Independent Counsel Costs

    An Illinois appellate court found Monday that Scottsdale Insurance Co. does not have to pay for the independent counsel that a beanbag maker retained in a copyright suit, saying there was no conflict of interest in the underlying case that would have entitled the insured to retain independent counsel.

  • January 23, 2018

    Fraud Low In Fed. Health Insurance Marketplace, GAO Finds

    Possible fraudulent enrollments in the federal health insurance marketplace were low in 2015, but the Centers for Medicare and Medicaid Services might need a better strategy for ensuring the agency doesn't re-enroll dead people in insurance plans, the U.S. Government Accountability Office said in a report released Tuesday.

  • January 23, 2018

    Insurance Group Of The Year: McKool Smith

    McKool Smith PC's insurance recovery group scored a series of big wins over the past year that unlocked more than $1 billion worth of coverage for clients, and the cases changed the insurance landscape by setting new precedents in the process, earning the firm a spot among Law360's Practice Groups of the Year.

  • January 23, 2018

    GE Unit Fights To Keep $45M Motor Dispute In Arbitration

    A French unit of General Electric Co. accused of supplying faulty motors that caused $45 million in damages has urged the Eleventh Circuit not to reverse a decision sending the dispute to arbitration, saying the Ninth Circuit in a recent decision "misread" an applicable international treaty.

  • January 23, 2018

    Ex-NFLer Deserves 33 Months For $1.5M Fraud, Feds Say

    Federal prosecutors on Monday asked a California federal judge to sentence former New York Giants football player Marcus Buckley to 33 months in prison and to order him to pay back more than $1.5 million for his role in an insurance fraud scheme involving a claims administrator.

  • January 23, 2018

    Cyberattack On Cloud Provider Could Cost $15B, Lloyd's Says

    A major cyberattack on a U.S. cloud provider could inflict $15 billion worth of economic losses, the majority of which would be uninsured, Lloyd’s of London warned in a report released on Tuesday.

Expert Analysis

  • Employers' Insurance Issues For Sexual Harassment Claims

    Micah Skidmore

    With daily revelations of sexual assault committed by public figures, employers are renewing their focus on employment practices liability insurance. However, the extreme social sensibility associated with sexual assault claims may complicate recovery, and employers should consider three key issues when seeking recovery under EPLI forms, says Micah Skidmore of Haynes & Boone LLP.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • DOL Fiduciary Rule — Still Very Much Alive

    Robert Gower

    While certain requirements of the U.S. Department of Labor's Fiduciary Rule were recently delayed, the rule's expanded definition of a fiduciary and the standards to which such fiduciaries are to be held are currently in effect, says Robert Gower of Trucker Huss APC.

  • Looking At Property Insurance From A Lender’s Perspective

    Melissa Martorella

    Most borrowers understand the importance of getting insurance against property loss, but some lenders ignore the vital role property insurance plays in protecting the lender's interest in the event of a loss. They must take steps to ensure that both the borrower and the lender will be made whole in the event of a catastrophic loss, says Melissa Martorella of Geraci Law Firm.

  • Series

    40 Years Of FCPA: An Update From The DOJ

    Daniel Kahn

    U.S. Department of Justice prosecutors and law enforcement partners have secured more foreign bribery-related trial convictions and guilty pleas this year than in any other year in the history of the Foreign Corrupt Practices Act, in fact by almost twice as much. These are all significant cases with significant impacts, says Daniel Kahn, chief of the DOJ's FCPA Unit.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • Series

    40 Years Of FCPA: Compliance, Past And Future

    Hui Chen

    More than any other statute, the Foreign Corrupt Practices Act has fueled the growth of the compliance industry. While the expansion of corporate compliance is a positive development, the fear-driven and FCPA-centric approach has also produced unfortunate consequences, says ethics consultant Hui Chen, who served as the U.S. Department of Justice's first-ever compliance counsel.

  • Series

    40 Years Of FCPA: Cross-Border Efforts And Growing Risk

    Patrick Stokes

    The U.S. agencies’ increasing coordination with their foreign partners has led to more potent Foreign Corrupt Practices Act investigations — in terms of both their scope and settlement cost, say Patrick Stokes, former chief of the FCPA Unit at the U.S. Department of Justice, and Zachariah Lloyd of Gibson Dunn & Crutcher LLP.

  • What To Make Of CVS-Aetna And Other Megadeals

    Randy Gordon

    Under one view, large-scale mergers like the one proposed between CVS and Aetna are fine so long as they don’t restrict consumer choices and stifle innovation. But from another view, “bigness” can be an evil in its own right, says Randy Gordon of Crowe & Dunlevy PC.