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  • July 19, 2018

    Class Attorneys Secure $40M From Solodyn Pay-For-Delay

    A Massachusetts federal judge greenlighted more than $40 million in attorneys’ fees that consumers, pharmacies and health plans racked up during four years of multidistrict litigation and a three-week trial alleging several U.S. drugmakers colluded to delay a generic alternative to brand-name acne medication Solodyn.

  • July 19, 2018

    Oaktree-Backed LCCG Buys Generali Units For €409M

    A portfolio company of Oaktree Capital Management said on Thursday that it has agreed to buy Generali Worldwide Insurance Co. Ltd. and a related shared service provider focused on fund and policy administration from parent company Assicurazioni Generali SpA for €409 million ($474.7 million).

  • July 18, 2018

    Pa. Justices Won't Hear Toxic Cleanup Coverage Row Yet

    A split Pennsylvania Supreme Court on Wednesday refused to hear an appeal of a lower court’s denial of an insurer’s attempt to escape indemnity for a hazardous site cleanup, saying a counterclaim must be resolved before the decision is final enough to be appealed.

  • July 18, 2018

    Olin Covered For Cleanup Costs At 7 Sites, Rakoff Rules

    U.S. District Judge Jed S. Rakoff has ruled that Lamorak Insurance Co. must cover Olin Corp.’s costs to remediate pollution at seven industrial sites, while also freeing the excess insurer from liability for Olin’s defense costs at another site and sending the chemical producer’s demands for coverage at seven additional locations to trial.

  • July 18, 2018

    Biz Groups Ask 10th Circ. To Keep 401(k) Row Dead

    Business and insurance groups asked the Tenth Circuit on Tuesday not to revive a class action over how Great-West Life & Annuity Insurance Co. distributed investment profits to 401(k) plan participants, saying a Colorado federal judge correctly found Great-West's actions didn't violate the Employee Retirement Income Security Act.

  • July 18, 2018

    FDA Chief Blames Big Pharma For 'Anemic' Biosimilars Sales

    The U.S. Food and Drug Administration’s leader on Wednesday placed blame on Big Pharma for the “anemic” biosimilars market and floated a four-part plan for strengthening sales of the copycat medicines.

  • July 18, 2018

    States' ACA Subsidy Suit Tossed After Workaround Found

    A California federal judge on Wednesday tossed a lawsuit by 20 states that attempted to block the Trump administration from cutting billions in Affordable Care Act subsidies, two days after the Democratic attorneys general who filed the suit said they no longer wished to pursue it because they had found a workaround.

  • July 18, 2018

    Kaufman Dolowich Lures In Fla. Professional Liability Partner

    Litigation shop Kaufman Dolowich & Voluck LLP welcomed a new Florida professional liability partner Wednesday from Fowler White Burnett PA, less than a year after bringing in two other Fowler White lawyers to the state.

  • July 18, 2018

    Steadfast, Zurich Say They Don’t Cover Builder In Fraud Row

    Steadfast Insurance Co. and Zurich American Insurance Co. told a Texas federal court Wednesday that their policies do not cover a Texas builder in an adversarial bankruptcy suit accusing the builder of a $329 million scheme to defraud a highway management company.

  • July 18, 2018

    Insurer Needn't Defend Bar In Fatal Stabbing Suit

    Nautilus Insurance Co. doesn’t have to cover a Philadelphia bar facing a wrongful death suit over a patron who was stabbed 11 times for stealing alcohol, a Pennsylvania federal court said Tuesday, finding that a “bodily injury exclusion” clearly applies.

  • July 18, 2018

    A Chat With Gibson Dunn Diversity Chief Salim-Williams

    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 Zakiyyah Salim-Williams, chief diversity officer at Gibson Dunn & Crutcher LLP.

  • July 18, 2018

    Insurer Says It Doesn't Owe Coverage For Fatal Parade Crash

    A Dallas auto body shop isn't covered for a fatal crash involving an affiliated motorsports team during a parade, an insurer has told a Texas federal judge, arguing the shop isn't the party responsible for the crash and lied in its insurance application about whether it had any sports sponsorships.

  • July 17, 2018

    Pa. Shooting Case Will Test Bounds Of 'Accident' Coverage

    Pennsylvania's high court recently agreed to decide whether a gunman's shooting of a man who walked in on a homicide-suicide is an "accident" that activates an insurer's defense duty under a liability policy, and attorneys say a ruling favoring coverage could expand the availability of insurance for unintended consequences of policyholders' intentional acts.

  • July 17, 2018

    Construction Execs Accused Of Lying To Get State Contracts

    Two New York men allegedly stole the identities of two minority-owned businesses to fraudulently secure millions of dollars worth of public construction projects, shorted their own employees more than $400,000 and defrauded an insurance company, the state’s attorney general said in a press release Tuesday.

  • July 17, 2018

    Insurers Don't Owe Apt. In Carbon Monoxide Suit, Judge Says

    Colony Insurance Co. and another insurer don’t have to cover a wrongful death suit against an apartment complex where two people died in their sleep from carbon monoxide poisoning, thanks to a “total pollution exclusion,” a Florida federal judge said Tuesday.

  • July 17, 2018

    Geico Drives Into Multibillion-Dollar Auto Parts Antitrust Row

    Geico Corp. has filed suit in Michigan federal court against more than 70 auto parts companies embroiled in an international antitrust investigation that has yielded billions of dollars in criminal fines, saying it has been overcharged on insurance claims for more than 20 years due to numerous price-fixing conspiracies.

  • July 17, 2018

    States Seek To Pause ACA Subsidy Fight With Feds

    Democratic attorneys general asked a California federal judge to pause or end their lawsuit attempting to block the Trump administration from cutting billions in Affordable Care Act subsidies, noting that workarounds to the cuts are in place in many states while insisting future action may be needed.

  • July 17, 2018

    Suit Against Insurer In Plane Crash Row Partially Revived

    A Texas appellate panel partially revived a lawsuit Kenyon International Emergency Services Inc. filed against Starr Indemnity and Liability Company on Tuesday, holding the emergency services company had shown that Starr might be on the hook in Kenyon's bid to recoup funds expended in the aftermath of a plane crash.

  • July 17, 2018

    Ex-NY Senate Boss, Son Again Convicted On Graft Charges

    Former New York State Senate Majority Leader Dean Skelos and his son Adam were again convicted of corruption charges on Tuesday following a second trial over claims the once powerful Republican extorted businesses into directing payments to his family.

  • July 16, 2018

    Ohio May Fall In Line With Construction Defect Coverage

    In a case that could affect every construction project in Ohio, the state's top court seems poised to follow a nationwide trend requiring insurers to cover damages sustained by construction companies as a result of their subcontractors' allegedly defective work.

Expert Analysis

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • No Arbitration For Insurance Disputes In Puerto Rico

    Anaysa Gallardo Stutzman

    For insurers and insureds caught in the chaos of the claims left behind by the 2017 Atlantic hurricane season in Puerto Rico, even an agreement to arbitrate would violate Puerto Rico's Insurance Code, and as such should be avoided, says Anaysa Stutzman of Zelle LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Excess D&O In Del.: A Safe Forum For Exhaustion Disputes

    Daniel Wolf

    Excess directors and officers insurers have become increasingly aggressive in denying coverage based on a line of cases holding that exhaustion language found in many excess D&O policies requires full payment from underlying insurers. Policyholders incorporated in Delaware can alleviate this risk by litigating the issue in Delaware courts, says Daniel Wolf of Gilbert LLP.

  • Amended Fiduciary Rule: Done, Done, On To The Next One

    Andrew Oringer

    The deadline for appealing the Fifth Circuit's decision on the amended fiduciary rule to the U.S. Supreme Court expired on June 13, and — pending the Fifth Circuit's mandate ordering the U.S. Department of Labor to officially strike it down — the rule is no more. So, what now? Will the clock be turned back to an earlier time? Maybe not completely, say Andrew Oringer and Aryeh Zuber of Dechert LLP.

  • House Hearing Stirs Debate On Insuring Autonomous Vehicles

    Susan Lent

    A U.S. House subcommittee hearing last month on self-driving vehicles and the future of insurance highlighted stakeholders' differing views on whether technology companies should be legally required to provide insurers with vehicle data. A failure to reach agreement on data sharing will hamper the legislative process, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Pre-Mediation Caucuses May Improve Mediation Efficiency

    Thomas Elkind

    The more procedural tools a mediator can offer, the higher the likelihood that a mediation will be successful. Mediators should be prepared to employ pre-mediation initial caucuses in appropriate cases, says JAMS mediator and arbitrator Thomas Elkind.

  • Early Neutral Evaluation Can Diffuse Reps And Warranty Disputes

    Jason Dubner

    Parties involved in representations and warranties insurance disputes should consider an alternative dispute resolution tool known as early neutral evaluation, which offers both the insured and the insurer an opportunity to get an early, unbiased assessment of a claim's merits, say Jason Dubner and Mark Schwartz of Butler Rubin Saltarelli & Boyd LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Product Liability Meets The Internet Of Things At The CPSC

    Heather Bramble

    At last month's U.S. Consumer Product Safety Commission hearing on connected devices and product safety, presenters raised issues ranging from health and privacy concerns to terrorism risks, insurance requirements and product standards. Stakeholders must closely monitor regulatory developments, but also prepare for possible action from Congress, say Heather Capell Bramble and Thomasina Poirot of Venable LLP.