• January 29, 2018

    NJ Charity Care Ruling Could Spark Uptick In Patient Claims

    A New Jersey appeals court’s recent published opinion endorsing a wide definition of “emergency” hospital patients who qualify for state assistance with their bills could leave providers with a new influx of claims by patients who were previously denied this benefit and ended up paying out of pocket, attorneys said.

  • January 29, 2018

    6 Concerns For Insurance Lawyers As GDPR Approaches

    With only four months to go, legal experts worry that many insurers remain unprepared for the arrival of the European Union’s formidable data protection regime, risking a new array of fines for noncompliance. Here, Law360 looks at six key concerns insurance lawyers should keep in mind while advising clients.

  • January 26, 2018

    Wells Fargo, Guarantor Hit With $2M Plane Loan Judgment

    An Indiana lender won a $2.3 million award Thursday against Wells Fargo and a Brazilian guarantor over their default on a $6 million loan for a private airplane, when an Indiana federal judge rejected their arguments that the lender should have gotten the money from insurers instead.

  • January 26, 2018

    NY, Minn. File Suit Over $1B ACA Funding Cut

    The U.S. Department of Health and Human Services is unlawfully cutting more than $1 billion in Affordable Care Act funding for special health insurance plans in New York and Minnesota, the states charged in a lawsuit filed Friday.

  • January 26, 2018

    Nixon Peabody Gets A Shot At Ducking DQ In Insurance Case

    Nixon Peabody LLP isn’t automatically disqualified from representing a state self-insurance fund in bids seeking reimbursement for workers' compensation claims, according to a California appeals court finding Friday that hiring a lawyer from the other side didn’t necessarily doom the firm’s work.

  • January 26, 2018

    11th Circ. Says Condo Defect Row A 'Suit,' Triggers Coverage

    The Eleventh Circuit on Friday reversed a lower court and found that a Florida state process for resolving construction disputes is a “suit” capable of triggering an insurer’s duty to defend, in a case brought by a condominium association alleging construction defects against a contractor. 

  • January 26, 2018

    Halliburton Must Arbitrate $12M Dispute, Insurer Tells 5th Circ.

    Ironshore Specialty Insurance asked the Fifth Circuit on Thursday to send a dispute over whether Halliburton Energy Services Inc. owes it $12 million for an oil field explosion to arbitration, saying Halliburton can’t duck the arbitration clause in its drilling contract.

  • January 26, 2018

    Pa. Court Won't Rehear Murder-Suicide Insurance Row

    A Pennsylvania appeals court has shot down Erie Insurance Exchange’s bid for reargument challenging a November ruling that put it back on the hook for defending a man’s estate over claims related to gunshot wounds suffered by a bystander who walked in on a murder-suicide incident.

  • January 26, 2018

    Health Hires: Frost Brown, EBG, McDermott, Dykema Cox

    Frost Brown Todd LLC, McDermott Will & Emery LLP, Epstein Becker Green, Dykema Cox Smith and Michelman & Robinson LLP have all expanded their health care and life sciences capabilities with attorneys coming from major insurers, medical device companies, BigLaw and elsewhere.

  • January 26, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen Slaughter and May bring a contract suit against an officer at a now-defunct hedge fund, an investment management firm sue a London gold mine operator, and three insurers lodging claims against an Emirates-based ship buyer. Here, Law360 looks at those and other new claims in the U.K.

  • January 26, 2018

    Taxation With Representation: Weil, Proskauer, Debevoise

    In this week's Taxation With Representation, Sanofi snapped up Bioverativ for $11.6 billion, Celgene bought Juno for $9 billion, and AIG acquired Validus for $5.56 billion.

  • January 25, 2018

    Ex-NFL Player Gets 2 Years For $1.5M Insurance Fraud

    A California federal judge on Thursday sentenced former New York Giants football player Marcus Buckley to two years in prison and ordered him to pay back more than $1.5 million for his role in an insurance fraud scheme involving a claims administrator, prosecutors said in a release.

  • January 25, 2018

    Verdict For Hartman Simons In $10M Legal Mal Coverage Row

    A Georgia federal jury on Thursday refused to let Twin City Fire Insurance Co. claw back $10 million it paid to settle a legal malpractice claim against Hartman Simons & Wood LLP, finding there was no evidence the law firm lied in its insurance application.

  • January 25, 2018

    No Duty To Defend Insured In Subcontractor Suit, Court Says

    An Illinois appellate court on Wednesday upheld a lower court's finding that Nautilus Insurance Group has no duty to defend a general contractor in a personal injury suit by an injured subcontracting employee, saying the parties’ contract excludes defending bodily injury claims from employees of an insured’s subcontractors.

  • January 25, 2018

    Mass. Commission Rethinks Narrowing Workers' Health Plans

    The commission that administers health insurance for Massachusetts employees and retirees, as well as their dependents and survivors, announced on Thursday that it plans to rethink a recent decision to scale back health plan offerings.

  • January 25, 2018

    Judge Says Mentally Ill Policyholder's Fire Not Accidental

    A Pennsylvania federal judge ruled Wednesday that Allstate was not obligated to reimburse a policyholder for fire damage to her home caused when her mentally disturbed husband — who was also a policyholder — intentionally set the fire.

  • January 25, 2018

    Cobalt, Insurer's Angola Drilling Fight Sent To State Court

    Cobalt International Energy Inc. and 15 of its current and former directors and officers can litigate what remains of a coverage fight with its primary insurer over an investor dispute stemming from unsuccessful offshore drilling ventures in Angola in state court, a Texas federal judge said on Tuesday.

  • January 25, 2018

    11th Circ. Revives Cert. In Avis Insurance Fraud Suit

    The Eleventh Circuit on Thursday said a Florida federal judge improperly decertified a class action alleging Avis and subsidiary Budget Rent-A-Car fraudulently sold foreign customers supplemental insurance that didn’t actually provide coverage for car rentals, reviving a Scottish consumer’s breach of contract and fraud claims and ordering the class recertified.

  • January 25, 2018

    FloaTEC Asks Judge To Reject Appeal Bid Over Chevron Rig

    Engineering firm FloaTEC LLC, which was involved in the design of a Chevron oil rig that broke, asked a Texas federal judge Thursday not to allow an immediate appeal by Lloyd's underwriters and other insurers who lost claims against FloaTEC, saying such an appeal would essentially be a waste of everyone’s time because another similar appeal is likely to exist in the foreseeable future.

  • January 25, 2018

    Insurance Group of the Year: Skadden

    The insurance mergers and acquisitions practice at Skadden Arps Slate Meagher & Flom LLP had a busy 2017, shepherding clients through $17.8 billion in deals — including some groundbreaking international transactions — to earn its spot as one of Law360's Practice Groups of the Year.

Expert Analysis

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • Opinion

    A Fair Rate Of Return Is Required When States Set Prices

    Trevor Burrus

    The U.S. Supreme Court should hear Mercury v. Jones in order to clarify the constitutionally required fair rate of return standard. When a business loses the freedom to operate according to free market principles, going out of business is not a "fair rate of return," say Trevor Burrus of the Cato Institute and Eric Ashby of the University of Michigan Law School.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • 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.