Poultry giant Foster Farms has sued Everest National Indemnity Co. in California federal court, alleging that the insurer wrongfully refused to cover its defense costs in underlying class litigation accusing Foster and other poultry producers of fixing prices in the turkey market.
Eckert Seamans Cherin & Mellott LLC has urged a Pennsylvania state judge to hit the pause button on malpractice claims from an embattled financial adviser as a U.S. Securities and Exchange Commission case over the troubled cash advance business he promoted plays out.
The operators of 23 U.S. strip clubs have urged the Ninth Circuit to revive their suit seeking to force a Lloyd's of London syndicate to cover their claimed business losses stemming from government-issued COVID-19 closure orders, saying physical damage isn't required to trigger physical loss in the policy.
Goodwill's affiliated nonprofit in Oklahoma has asked the Tenth Circuit to revive its pandemic coverage suit and to certify questions to the state Supreme Court on whether policy provisions covering direct physical loss or damage to property require physical alteration for coverage to apply.
Kentucky's retirement system for state workers shouldn't have yanked health care coverage from five former police officers who retired from the force but then got jobs with state agencies, the Sixth Circuit ruled.
The owner of New York City's Blue Moon Hotel can't tap into coverage with Travelers for losses from the presence of the coronavirus, a federal judge ruled Tuesday, citing the policy's virus exclusion.
A New Jersey state appeals court on Wednesday refused to revive Cadre Law Firm LLC's suit seeking insurance coverage for $800,000 in client funds misappropriated by a former paralegal, saying the policy does not cover the firm's damages.
Projected spending by U.S. financial institutions on financial crime compliance shot up by one-third to $35.2 billion in 2020 compared to the previous year, in part due to "increased due diligence times and costs" brought on by the COVID-19 pandemic, according to a new report that surveyed more than 1,000 compliance professionals globally.
Teva Pharmaceuticals lodged a new infringement suit against rival Eli Lilly in Massachusetts federal court Tuesday mere hours after the U.S. Patent and Trademark Office issued the company two new patents covering the Israeli drugmaker's blockbuster migraine drug Ajovy.
Robins Kaplan LLP has added a former Carroll Warren & Parker attorney, who represents insurers and reinsurers, to its insurance and catastrophic loss group as a partner, the firm said.
Counsel for classes of drug buyers told a California federal jury during trial openings Tuesday that CVS Pharmacy Inc. unfairly overcharged insured customers by nearly $100 million for generics under a now-defunct discount program, while the pharmacy chain's counsel said 95% of insured customers paid less than they would have otherwise.
The Underwriters at Lloyd's of London has urged the Texas Supreme Court to rule that it does not need to cover a gold retailer's nearly $1.2 million losses after a cybercriminal used forged checks to steal two gold coin shipments, saying the policy's invalid payment exclusion applies.
Pekin Insurance Co. told an Ohio federal court that it isn't responsible for covering a copyright lawsuit that bag designer Coach brought against a Columbus convenience store accused of designing and selling fake Coach products.
An Illinois federal judge refused Tuesday to toss Travelers' accusation that owners of Chicago's historic Pittsfield Building fraudulently submitted $1 million for asbestos remediation as part of their $8.2 million claim for flood damages.
A North Carolina federal judge ruled Tuesday that an excess insurer must face Duke University's suit seeking coverage for two underlying antitrust class actions alleging the university suppressed faculty wages.
At a U.S. Senate hearing Tuesday, the head of Colonial Pipeline Co. defended the company's recent $4.4 million ransomware payment, while acknowledging that the attackers cracked a key password that was not protected by a basic security practice.
A Louisiana federal court has dismissed an effort by a Travelers unit to dodge responsibility for $7 million in recovery costs from a diesel fuel pipeline spill, determining that the suit is best litigated in state court.
A group of Anytime Fitness franchise owners hit back against Markel's bid to toss a proposed class action over pandemic-related losses, arguing that the insurer's virus exclusion was ambiguous and that government shutdown orders caused their losses.
COVID-19 mitigation measures largely nourished the food and beverage industry this past week, which ushered in a restaurant comeback plan in California and free drinks for vaccinated bar patrons in Illinois.
A Providence strip club can proceed with its COVID-19 business interruption suit, a Rhode Island state judge has ruled, saying the owner has sufficiently shown it is entitled to civil authority coverage despite the policy's virus exclusion.
A Florida federal judge on Monday denied MSP Recovery Claims' bid to disqualify Akerman LLP from representing United Services Automobile Association in their dispute over Medicare secondary-payer claim reimbursements, saying its conflict-of-interest claims are speculative.
In-N-Out is fighting Zurich American Insurance Co. to keep its pandemic coverage suit alive, telling a California federal court that the insurer's dismissal bid relies too heavily on suits that don't allege the presence of the coronavirus in an insured property.
The Second Circuit refused Monday to revive a case from home health aides who claimed their employers pocketed nearly $23 million of their health plan contributions, rejecting their attempt to distinguish their suit from a benefits case that the U.S. Supreme Court tossed last June.
The Philadelphia Eagles organization told a federal court to ignore its insurer's bid to toss a business interruption suit, saying its stadium and training facility weren't functional due to the risks that the coronavirus posed to "physical airspace and surfaces" each time any person entered the properties.
A Pennsylvania federal judge on Monday threw out a COVID-19 business interruption suit from a franchisee of Comfort Suites, saying the pandemic and government orders did not cause any property damage even though they made the hotel lose patrons.
The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.
The U.S. Supreme Court's recent decision in CIC Services v. Internal Revenue Service, allowing pre-enforcement challenges of tax reporting rules despite the Anti-Injunction Act, is likely to make the U.S. Department of the Treasury more careful about its own compliance obligations under the Administrative Procedure Act, says Robert Carney at Caplin & Drysdale.
A Pennsylvania federal court's ruling this week in Giant Eagle v. American Guarantee Insurance, reversing an earlier finding that two excess insurers had duties to defend opioid injury suits, provides invaluable assurance to excess carriers that opioid defendants can’t use immense defense costs as a basis to leapfrog their primary coverage, says Adam Fleischer at BatesCarey.
Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.
The First Circuit’s recent holding in U.S. Securities and Exchange Commission v. Morrone cements a new circuit split over when a securities transaction is considered domestic, introducing new wrinkles to the already-vague standards courts have relied on to interpret the U.S. Supreme Court's Morrison test, say Eric Belfi and David Saldamando at Labaton Sucharow.
Recent calls for racial equity and government regulators' increasing focus on social and environmental concerns make this a good time for companies to integrate environmental justice into their environmental, social and governance efforts, say Stacey Halliday and Julius Redd at Beveridge & Diamond, and Jesse Glickstein at Hewlett Packard.
The use of representations and warranties insurance in M&A could result in waiver of the attorney-client privilege, but policyholders can do a number of things to minimize disclosure of transaction-related information when negotiating the insurance policy and after a claim arises, say attorneys at Bass Berry.
Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.
While the Fifth Circuit recently held in Sanchez v. Smart Fabricators that an injured offshore welder could not pursue damages under the Jones Act, certain maritime workers may be able to pursue comparative claims under a longshoremen workers' compensation statute or the Sieracki doctrine, says Grady Hurley at Jones Walker.
The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.
To the extent that companies experiencing lost income from the global microchip shortage have contingent business interruption or dependent property coverage and can trace their impaired revenues to physical loss or damage to a supplier, there may be some potential for insurance recovery, says Micah Skidmore at Haynes and Boone.
Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.
Arbitration data from states with existing surprise medical billing laws that track the federal independent dispute resolution process under the newly passed No Surprises Act provide helpful insights into the likely impact of the federal law taking effect in 2022, say Alexandra Lucas and Christian Martin at Reed Smith.
A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.
A recently introduced New York bill proposes a statutory cause of action for insurance company bad faith when legal remedies already exist, which may dangerously upset the balance between insurers and policyholders, say attorneys at Hurwitz & Fine.