• December 18, 2017

    Studio Not Covered For Porn Actors' HIV Suits, Judge Says

    Atain Specialty Insurance Co. has no duty to defend or indemnify a pornography studio in lawsuits brought by performers who allegedly contracted HIV on the job, a California federal judge ruled on Monday, finding that coverage is clearly barred by a policy exclusion for claims related to sexual acts.

  • December 18, 2017

    MVP: Quinn Emanuel's Jane Byrne

    Among her many wins this year, Quinn Emanuel Urquhart & Sullivan LLP's Jane Byrne secured notable victories for client Infrassure in an arbitration-location fight in the Second Circuit and a case over $100 million worth of fire-related damage at a refinery, making her one of Law360's 2017 Insurance MVPs.

  • December 18, 2017

    Clyde & Co Nabs Big Piece Of Sedgwick Insurance Practice

    U.K.-based global firm Clyde & Co will take in 15 insurance and litigation partners from Sedgwick LLP at the beginning of next year, as the San Francisco-based firm prepares to close its doors.

  • December 15, 2017

    House, Trump Admin, States Settle ACA Subsidy Battle

    The Trump administration, the U.S. House of Representatives and 17 states embroiled in a legal battle over billions of dollars in Affordable Care Act subsidies have agreed to settle a dispute currently pending before the D.C. Circuit, according to an agreement filed in federal court Friday.

  • December 15, 2017

    Trump's ACA Birth Control Waivers Blocked By Pa. Judge

    A Pennsylvania federal judge on Friday temporarily blocked the Trump administration’s rules dialing back the Affordable Care Act’s contraception mandate through religious or moral exemptions for employers, saying the federal government failed to follow proper procedures in implementing the policies.

  • December 15, 2017

    Utica Snags $64M Win Against Reinsurer Over Asbestos

    A New York federal court entered a $64.1 million judgment Friday against Fireman’s Fund Insurance Co. after a jury found the reinsurer should have helped cover client Utica Mutual Insurance Co.'s payout to Goulds Pumps for asbestos liabilities.

  • December 15, 2017

    Plane Crash Insurance Fight In Wrong Court, 10th Circ. Says

    Alabama-based airplane engine maker Continental Motors Inc. cannot be sued in Colorado federal court just because an airplane repair business subscribed to its online service manual program, the Tenth Circuit ruled Friday, affirming a lower court’s decision that Continental’s limited contacts with Colorado simply weren’t enough to establish jurisdiction.

  • December 15, 2017

    Litigation Attorney Hiring To Tick Up In 2018

    Litigation is expected to be a bright spot in an otherwise lackluster legal hiring market during the first six months of 2018, a survey of 200 law firm and corporate legal department hiring professionals has found.

  • December 15, 2017

    Midland Insurance Claims Sale Can't Be Secret, Judge Says

    A New York bankruptcy judge on Friday denied a request by Rapid-American Corp. to keep details of a proposed sale of its claims on defunct insurance company Midland Insurance Co. confidential, saying it had not even tried to justify the secrecy.

  • December 15, 2017

    Fla. Defect Notice Ruling May Foster Out-Of-Court Deals

    Florida's high court held on Thursday that an insurance carrier's duty to defend may be triggered by a construction defect notice against its policyholder, a finding that attorneys say could boost insurer participation in a presuit process for resolving defect disputes and lead to more out-of-court settlements.

  • December 15, 2017

    7th Circ. Affirms Ending Of Policy Rate-Hike Class Action

    The Seventh Circuit affirmed the dismissal of a proposed class action against Continental Casualty Co. over dramatic increases in rates on long-term care policies Thursday, finding the class had not shown how the company had misled its customers about the increases when they made their purchase.

  • December 15, 2017

    9th Circ. Sends Insurers' EZ-FLO Suit Back To State Court

    The Ninth Circuit on Thursday affirmed a lower court’s decision to send a group of insurers’ lawsuit over defective water lines back to state court, rejecting a bid by plumbing supply maker EZ-FLO to move the case and saying only named plaintiffs can count toward the minimum number for a federal class action.

  • December 15, 2017

    A Chat With Orrick COO Laura Saklad

    In this new monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The first conversation is with Laura Saklad, chief operations officer for Orrick Herrington & Sutcliffe LLP.

  • December 15, 2017

    Chinese Lender Tops 2 Year-End IPOs Set To Raise $220M

    At least two companies, including a Chinese online microlender and a life insurance company, are set to price initial public offerings projected to raise about $220 million combined during the week of Dec. 18, among the last few IPOs before the year-end holidays.

  • December 15, 2017

    Texas Justices Will Rehear USAA Bad Faith Liability Row

    The Texas Supreme Court on Friday granted a request from USAA Texas Lloyds Co. to rehear its long-running dispute with policyholder Gail Menchaca, who alleges the insurer acted in bad faith by refusing to investigate damage from 2008's Hurricane Ike.

  • December 15, 2017

    MVP: Simpson Thacher's Mary Beth Forshaw

    Simpson Thacher & Bartlett LLP litigation partner Mary Beth Forshaw has had a busy year, settling a $500 million reinsurance case at jury selection and racking up a Second Circuit win on an environmental cleanup coverage case, securing a place as one of Law360’s 2017 Insurance MVPs.

  • December 15, 2017

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

    The last week has seen more than 100 individuals sue Ingenious Media Holdings Ltd. amid disputes over the tax treatment of its film investments; Zinc Hotels lodge another challenge against BayernLB, this time adding Hilton Worldwide; and security firm G4S bring a claim over its pension scheme.​ Here, Law360 looks at those and other new claims in the U.K.

  • December 14, 2017

    Rejecting Insanity Defense, Jury Convicts Doctor Of Fraud

    A California federal jury on Thursday convicted a family physician on five counts of health care fraud and five counts of making false statements to insurers, rejecting her defense that billing issues were caused by a mental illness while rejecting the government’s conspiracy and money laundering charges.

  • December 14, 2017

    NY High Court Says No Set Rule On Reinsurer's Liability Cap

    New York's highest court held Thursday that one of its prior rulings didn't create a general rule that a reinsurance contract's total liability cap encompasses both indemnity and defense costs incurred by an insurer, resolving a query from the Second Circuit in Century Indemnity Co.'s bid for reinsurance coverage of costs paid to defend Caterpillar in asbestos litigation.

  • December 14, 2017

    Insurer Off Hook In River Contamination Row, 3rd Circ. Says

    Indian Harbor Insurance Co. doesn’t need to defend a lead pigment maker in a suit over river contamination, the Third Circuit ruled Thursday, affirming a lower court’s ruling that the company was only able to slip through an exclusion loophole due to "scrivener's error.”

Expert Analysis

  • Gauging NJ Insurance Brokers' Standard Of Care Since Sandy

    Gary Strong

    When a catastrophe strikes and insurance companies either deny coverage or limit the coverage provided, the insurance broker is in the crosshairs of what can turn out to be a litigious claim. Gary Strong of Seiger Gfeller Laurie LLP explores the duty of insurance brokers in New Jersey and how these duties come into play, particularly after Superstorm Sandy.

  • Illinois Biometrics Privacy Suits Bring Insurance Questions

    Jonathan Schwartz

    In the past two years, we witnessed a wave of putative class actions filed under Illinois’ Biometric Information Privacy Act, with the rate of filings increasing exponentially in recent months. Insurers should take note of their potential coverage obligations under various policies, say Jonathan Schwartz and Colin Willmott of Goldberg Segalla LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Calif.'s New Focus On Drug Pricing Transparency

    John Chelsey

    California Gov. Jerry Brown recently signed SB-17, a law intended to foster transparency in connection with drug pricing and its impact on insurance costs. The law imposes significant new reporting requirements on many drug manufacturers, pharmacy benefit managers, and health care service plans and health insurers operating in California, say attorneys with Ropes & Gray LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Washington's Definition Of Improper Rebates May Shift

    Shawn Hanson

    A Washington administrative law judge's ruling in the ongoing Zenefits case last month suggests that Washington is possibly beginning to fall into line with larger states in the anti-rebate area, say Shawn Hanson and Nicholas Gregory of Akin Gump Strauss Hauer & Feld LLP.

  • How Tax Reform Could Impact The Health Care Industry

    Peter Furci

    The U.S. House and Senate have now both detailed their tax reform plans, and both plans could have significant effects on the health care industry. Lower corporate tax rates could benefit companies in the health sector, but changes to the orphan drug tax credit and medical expense deduction would be damaging, say attorneys at Debevoise & Plimpton LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.