• September 06, 2023

    Ex-Gordon & Silber Atty Cops To $1.2M Law Firm Theft

    A former partner at Gordon & Silber PC admitted to stealing $1.2 million from the now-defunct New York firm Tuesday, about four months after rejecting a plea deal from the Manhattan district attorney that would have guaranteed less prison time.

  • September 05, 2023

    States Say They Have Standing In Federal Flood Pricing Row

    Louisiana and nine other states pushed back Tuesday on the U.S. government's bid to toss their suit over a National Flood Insurance Program overhaul for lack of standing, arguing they have shown enough facts to establish harm due to wrongful premium increases.

  • September 05, 2023

    Indicted Mogul Delaying Liquidation, NC Insurance Chief Says

    North Carolina Commissioner of Insurance Mike Causey asked the state's appeals court to prevent insurance mogul Greg Lindberg, who stands accused of bribery, $2 billion fraud and other crimes, from continuing to delay the payment of funds from his failed insurance companies to dying cash-strapped annuitants.

  • September 05, 2023

    NYCTA And MTA Say Zurich Must Cover Escalator Injury Suit

    An escalator repair company's insurer must provide coverage to the New York City Transit Authority and Metropolitan Transit Authority for an underlying suit brought by a woman who said she was injured by a defective escalator in a Manhattan subway station, the agencies told a New York state court Tuesday.

  • September 05, 2023

    No Federal Issues In Suit Over $36M Oil Spill, Insurer Says

    A pipeline's excess insurer asked an Oklahoma federal judge to dismiss the pipeline's allegations against it, arguing that claims for coverage of costs from a rupture don't belong in federal court.

  • September 05, 2023

    Murdaugh Accuses Clerk Of Jury Tampering, Seeks New Trial

    Lawyers for Alex Murdaugh, the South Carolina attorney convicted of murdering his wife and son after stealing clients' settlement money, told a court Tuesday he deserves a new trial because the court clerk tampered with the jury.

  • September 05, 2023

    Lack Of Captain Made Yacht Wreck Likelier, Judge Says

    A Florida federal judge ruled that a yacht owner can't get coverage for the total loss of its vessel, finding that its failure to hire a full-time captain heightened the risk posed by Hurricane Dorian as it approached the Bahamas in August 2019.

  • September 01, 2023

    State Farm Customers Seek Cert. Over Undervalued Estimates

    State Farm policyholders asked a Pennsylvania federal judge Thursday to certify their case against the insurance giant for using a software's "new construction" pricing that estimated all property losses worth more than $100,000, regardless of whether the structure suffered a partial or total loss, causing State Farm to undervalue and underpay claims.

  • September 01, 2023

    Life Insurer's Data Breach Exposed Customer Info, Suit Says

    Life insurance customers say they are at risk for identity theft and other crimes after their insurer allegedly failed to safeguard their sensitive personal data and didn't adequately inform them about a data breach when hackers attacked computer servers, according to a proposed class action filed Friday in Michigan federal court.

  • September 01, 2023

    Hearing Aid Investors Lose 2nd Bid At Suit Over DOJ Probe

    A California federal judge threw out a proposed class action claiming hearing aid company Eargo Inc. inflated its revenue potential and misled investors about an insurance audit that gave rise to a U.S. Department of Justice probe, finding the investors' latest complaint suffered the same deficiencies as previous versions.

  • September 01, 2023

    Bankruptcy Court Bans Access To Kwok Mansion In NJ

    A Connecticut bankruptcy court judge has banned associates of Chinese exile Ho Wan Kwok from accessing a $26.5 million mansion in Mahwah, New Jersey, connected to the billionaire, agreeing with a Chapter 11 trustee that the building needs to be protected because it is not insured.

  • September 01, 2023

    Colo. Judge Cuts Condo Developer's Atty Fee Award To $2.3M

    A Colorado federal judge has pared down a condominium developer's attorney fee award to $2.3 million after it secured a verdict against its insurer in a construction coverage dispute, with the judge finding that the developer requested hourly rates higher than the prevailing rate in Denver's legal market.

  • September 01, 2023

    Finance Co., Insurance Unit Hit With Suit Over Data Breach

    Three customers affected by a data breach hit Corebridge Financial Inc. and an insurance subsidiary with a proposed class action in Texas federal court, claiming the financial services company did not do enough to safeguard their highly sensitive personal information.

  • September 01, 2023

    Insurer Improperly Disclaimed NY Co-Op's Defense, Court Told

    The excess insurer for a New York City co-op sued the company's primary carrier, telling a New York federal court that the primary carrier improperly disclaimed coverage for a consolidated lawsuit against the co-op and its property manager weeks before trial.

  • September 01, 2023

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

    The past week in London has seen a collapsed funeral plan business sue its former director, gambling hall operator MaxBet hedge its bets in two new claims over a soured acquisition, and BMW face more class action litigation over the "Dieselgate" scandal. Here, Law360 looks at these and other new claims in the U.K.

  • August 31, 2023

    ​​​​​​​Builder Accuses Marriott Of 'Bait And Switch' Over $7M Bill

    A Colorado construction company told a Denver federal judge during a bench trial Thursday that Marriott's attempts to dodge liability for an unpaid invoice for a multimillion-dollar hotel restoration in Brazil by claiming its contract was really with a Brazilian subsidiary that owned the hotel is "a classic bait and switch."

  • August 31, 2023

    Prudential Failed To Protect Personal Info, Suit Says

    Prudential Insurance Co. and two software companies failed to protect the personal information of thousands of participants in a Teamsters pension plan from an attack on a file-sharing tool believed to be carried out by Russian hackers, a plan participant told a Massachusetts federal court.

  • August 31, 2023

    Tort Report: Peter Fonda's Widow Drops Suit Over His Death

    The conclusion of a medical malpractice suit accusing a California hospital of causing the death of actor Peter Fonda in 2019 and a $30 million United Airlines injury settlement midtrial lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • August 31, 2023

    Geico Can't Escape Underpayment Suit, NJ Court Rules

    A New Jersey federal judge rejected Geico's request to dismiss a proposed class action accusing the insurer of underpaying the actual cash value of totaled vehicles.

  • August 31, 2023

    Gunmaker Says AIG Units Abruptly Dropped Defense

    Gunmaker Colt's Manufacturing Co. LLC sued two AIG units to require them to continue covering a lawsuit by the City of Gary, Indiana, arguing Thursday that the insurers improperly stopped defending it in the long-running suit.

  • August 31, 2023

    Frozen Yogurt Chain Loses COVID Pandemic Coverage Suit

    A New York federal judge ruled Thursday against Menchies in its COVID-19 business interruption suit against a Hanover unit, finding the frozen yogurt chain did not show a covered "physical loss of or damage to" property resulting from the pandemic.

  • August 31, 2023

    10th Circ. Asked To Rethink Insurance Reprocessing Decision

    A United Healthcare customer urged the Tenth Circuit to rethink its decision allowing the insurer to reprocess his claims concerning his daughter's mental health treatment, arguing that remanding the claims is unfair and a "useless formality."

  • August 31, 2023

    Road Co.'s Bid For $4M More In Coverage Denied

    A highway construction company facing suits related to two separate vehicle pileups is limited to $4 million in coverage from one of its excess insurers, a Pennsylvania federal judge said Thursday, finding that the policy's aggregate limit is applicable.

  • August 31, 2023

    Wash. Businesses' Virus Suits Not Special, 9th Circ. Told

    An Allianz unit urged the Ninth Circuit to affirm the dismissal of three policyholders' COVID-19 coverage suits, arguing that the Washington Supreme Court clearly established that the virus doesn't cause physical loss or damage to property.

  • August 31, 2023

    9th Circ. Upholds Restaurants' Virus Coverage Loss

    The Ninth Circuit affirmed the toss of a restaurant group's COVID-19 coverage suit, finding that a virus exclusion in a policy issued to the owner of Tocaya Organica restaurants across California and Arizona unambiguously bars coverage.

Expert Analysis

  • Less Cyber Coverage, More Compliance Risk For Cos.

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    Despite recent favorable court decisions recognizing cyber coverage under various policies, policyholders face a challenging road ahead due to insurers' new policy exclusions and regulators' new reporting requirements and increased penalties, say Luma Al-Shibib and Steven Pudell at Anderson Kill.

  • Cannabis Supercenters: Key Benefits And Legal Issues

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    Barstow, California’s novel plan to convert an abandoned mall into a cannabis supercenter could offer a potential blueprint for cannabis companies to thrive in a saturated market and for communities to repurpose underutilized retail spaces — but certain financing, zoning and leasing issues will need to be assessed, says Christopher Gordon at Fox Rothschild.

  • A Case For Sharing Mediation Statements With Counterparties

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    In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.

  • Tackling Long-Tail Legacy Liability Risk: A Defendant's Toolkit

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    Johnson & Johnson was recently rebuffed in its efforts to employ the "Texas Two-Step," which is likely to affect this increasingly popular method to isolate and spin off large asbestos and talc liabilities, but companies have multiple options to reduce long-tail legacy liability risk, says Stephen Hoke at Hoke LLC.

  • Challenging Standing In Antitrust Class Actions: Injury-In-Fact

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    As demonstrated in recent cases, the classic injury-in-fact requirement for Article III standing claimed in most antitrust suits is economic harm — and while concrete harm satisfies the requirement, litigants may still be able to challenge whether economic injury has occurred, say Michael Hamburger and Holly Tao at White & Case.

  • Climate Reporting Regs Mean New Risks To Insure

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    As regulators in the U.S., U.K. and beyond implement new climate-related investment and disclosure requirements for corporations, decision makers should investigate whether their insurance policies offer the right coverage to respond to the legal and regulatory risks of this increased scrutiny, says David Cummings at Reed Smith.

  • Preparing For Legal Scrutiny Of Data Retention Policies

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    Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.

  • Md. Abuse Law Makes Past Liability Coverage Review Vital

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    Maryland is the first state to allow an indefinite lookback period for previously time-barred lawsuits by victims of child sexual abuse against public and private entities — and lawsuits brought under the new law likely will implicate coverage under insurance policies issued over the past 80 years or longer, say Michael Levine and Olivia Bushman at Hunton.

  • FTX Proceedings Highlight D&O Issues Amid Bankruptcy

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    A Delaware bankruptcy judge’s recent refusal of Samuel Bankman-Fried's request to access FTX's directors and officers coverage serves as a reminder of the interplay of bankruptcy law and D&O insurance policies, and some best practices for policyholders when pursuing D&O coverage during bankruptcy, say Geoffrey Fehling and Justin Paget at Hunton.

  • Opinion

    Attorneys Should Have An Ethical Duty To Advance DEI

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    National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.

  • Data-Driven Insights Are Key To Attracting Today's Clients

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    As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.

  • Unpacking NY's Revamped Wrongful Death Bill

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    Legislation to amend New York’s wrongful death law, introduced May 2, proposes more limited reforms than an earlier version the governor vetoed in January, but will likely still face strong opposition due to the severe financial impacts it would have on insurers’ set premiums and reserves, say Eric Andrew and David Adams at Hurwitz Fine.

  • Ghosting In BigLaw: Why Better Feedback Habits Are Needed

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    Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.

  • Rebuttal

    Law Needs A Balance Between Humanism And Formalism

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    A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.

  • What ACA Preventive Care Ruling Means For Employers

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    Though a Texas federal court's recent ruling in Braidwood v. Becerra paves the way for employers to reimpose cost-sharing requirements on preventive care, companies considering making these changes to their group health and welfare plans should first analyze the financial and social impacts, says Rachel Shim at Holland & Knight.

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