• March 23, 2017

    Insurer Must Face Ex-Employee's Gender Stereotyping Suit

     A Pennsylvania federal judge refused Thursday to free Hartford Fire Insurance Co. from a former employee’s suit alleging she suffered bias and harassment because of her appearance and perceived sexual orientation, holding that Title VII "prohibits gender stereotyping and discrimination."

  • March 23, 2017

    NJ Atty Accused Of Concealing Case Dismissal For Years

    An attorney has been slapped with a lawsuit in New Jersey state court from a former insurance company executive who alleges the lawyer caused her gender discrimination action to be tossed over unmet discovery demands and then concealed the dismissal from her for nearly five years.

  • March 23, 2017

    ACA Repeal Savings Decline By Nearly $200B, CBO Says

    Recent revisions to GOP-backed legislation intended to repeal and replace the Affordable Care Act would cause the bill to save almost $200 billion less than originally expected, the Congressional Budget Office estimated Thursday.

  • March 23, 2017

    Anthem Merger Appeal Could Be Sideshow To DOJ Deal

    Anthem is making final preparations ahead of oral arguments Friday morning in the D.C. Circuit in its bid to salvage its $54 billion merger with Cigna, but the real action may be occurring on the sidelines as the insurer tries to broker a deal with the Trump administration.

  • March 23, 2017

    Principal Life Loans $85M For Manhattan Building

    Principal Life Insurance Co. has provided $85 million in financing to Ormonde Equities LLC for an apartment building on Broadway in Manhattan, according to records made public Wednesday in New York.

  • March 23, 2017

    Tempur-Sealy Suit May Widen Insurers' Class Action Exposure

    Tempur-Sealy International recently asked the Ninth Circuit to affirm a ruling that it is entitled to defense coverage for a putative class action alleging it downplayed the harmful effects of chemicals in its mattresses, and attorneys say a decision in the company's favor could greatly expand insurers' burden to defend against class complaints seeking only economic losses.

  • March 23, 2017

    House GOP Delays Vote On ACA Repeal

    House Republicans have postponed a vote on legislation that would repeal and replace the Affordable Care Act, a sign that the current plan couldn’t pass.

  • March 23, 2017

    Condo Cos. Insurance Fight Over Bird Poop Nixed As Moot

    An Arizona federal judge Wednesday dismissed American Family Mutual Insurance Co.’s suit against a condominium association and property manager in which the insurer was hoping to escape covering a condo owner’s alleged illness stemming from bird droppings piled up near her unit, saying the insurer waived its right to drop coverage.

  • March 23, 2017

    Patent Licensing Cos. Fight To Save IP Row From Dismissal

    Two patent licensing companies on Wednesday hit back at a magistrate's recommendation to dismiss their infringement suits against Cigna, Consumer Cellular and others over 10 patents covering targeted email marketing technology, arguing that the defendants haven't established that the asserted claims are abstract under Alice.

  • March 23, 2017

    Fireworks Explosion Was 1 Occurrence, 4th Circ. Affirms

    The Fourth Circuit on Wednesday found that a family injured in a fireworks explosion is only entitled to a single payout from the insurer of Schaefer Pyrotechnics Inc., upholding a lower court’s ruling that the explosion constitutes only one “occurrence” under the policy.

  • March 22, 2017

    Repeal Of ACA Essential Benefits Faces Hazy Path In Senate

    Republicans face an uncertain procedural path if they attempt to repeal the Affordable Care Act’s mandatory benefits for health insurance with a simple-majority vote in the U.S. Senate via so-called budget reconciliation, experts say.

  • March 22, 2017

    9th Circ. Buoys Policyholders In Excess Settlement Fights

    The Ninth Circuit refused Tuesday to disturb California appellate precedent establishing that an excess insurance carrier must either approve a policyholder's settlement of a covered claim or assume the insured's defense if it wishes to avoid litigation, giving policyholders more leverage to secure reluctant excess insurers' participation in settlement talks.

  • March 22, 2017

    Maryland Hospital Co. Can’t Shake FCA Suit, But Others Can

    An Illinois federal judge Wednesday dismissed a trio of health care systems from a suit alleging False Claims Act violations, but told Maryland-based MedStar Health Inc. that it couldn’t escape claims by a former employee that it billed federal insurance programs for unnecessary inpatient admissions.

  • March 22, 2017

    Alston Nabs Reed Smith, MoFo Partners To Open SF Office

    Alston & Bird LLP has hired three Reed Smith LLP partners and several attorneys as well as a Morrison & Foerster LLP managing partner with “significant experience” advising companies on high-stakes class action and multidistrict litigation to open a new San Francisco office and expand its Los Angeles team, the firm said Wednesday.

  • March 22, 2017

    Deals Rumor Mill: Deutsche Boerse, Souq, Generali

    The European Commission will block the proposed $30 billion merger of Deutsche Boerse and the London Stock Exchange, has agreed to buy United Arab Emirates-based online retailer and marketplace, and Italian insurance giant Generali intends to sell its businesses in Colombia, Ecuador and Panama.

  • March 22, 2017

    Chiropractor Fraudulently Billed For $10M, Prosecutors Say

    A Chicago chiropractor has been indicted on charges of submitting more than $10 million in false bills to Medicare and insurance companies, federal prosecutors announced Wednesday.

  • March 21, 2017

    Fla. Senate Eyes Tax Credit Repeal Over Insurers' Warnings

    Despite warnings of lost jobs and increased premiums for Florida policyholders, a state Senate panel on Tuesday voted to repeal insurers' long-standing tax credit on in-state employee salaries, and to shift the tax relief to a broader base of businesses by reducing a tax on commercial leases.

  • March 21, 2017

    ACA Watch: GOP Scrambles As Climactic Vote Looms

    House Republicans on Wednesday will hunt for votes to repeal and replace the Affordable Care Act, the Congressional Budget Office may issue a new appraisal of the effort, and a key committee will set the stage for the climactic vote on Thursday in the full House. Here’s where things currently stand on the Republican bill.

  • March 21, 2017

    CVS Customers Denied Cert. In Generic Pricing Suit

    Consumers accusing CVS Pharmacy Inc. of overcharging them for generic medications lost a bid for class certification on Tuesday when a California federal judge said there were too many individual factors pertaining to pharmacy benefit managers, though she left room for an amended request.

  • March 21, 2017

    Delta Dental's $34.7M Settlement Sparks Conflict Concerns

    A San Francisco judge said Tuesday she wouldn't approve the $34.75 million settlement of a contract dispute between Delta Dental and a class of 23,000 California dentists until filings showed the deal equally benefits claimants who aren't members of the California Dental Association, the professional organization which brokered the deal.

Expert Analysis

  • What Cos. Must Know About Social Media And Insurance

    Mikaela Whitman

    The instantaneous worldwide access that social media provides, with the ability to repurpose information in the public domain, can multiply a company's liability exposure with a single click. Mikaela Whitman of Liner LLP discusses what steps to take in order to maximize available insurance coverage for social media claims.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Dealing With 'Relatedness' Under Cyberinsurance Policies

    Marc E. Rindner

    When organizations respond to data breaches, they sometimes discover additional breaches that may significantly impact insurance claims. Insurers must recognize unique coverage considerations due to the potential asymmetry of information when related claims issues arise under cyberpolicies, say attorneys with Wiley Rein LLP.

  • Is The End Of Individual Health Insurance Near?

    Corinne Smith

    The American Health Care Act proposes to eliminate the mandate for individuals to carry health insurance by removing the tax penalty. Eliminating the mandate, but continuing to require insurers to cover preexisting conditions, means that only sick individuals will purchase insurance, premiums will go up and far more millennials will opt out of the private health insurance market, says Corinne Smith of Strasburger & Price LLP.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • New NY Cybersecurity Regs Will Have National Reach

    Romaine Marshall

    Given the national reach of the New York Department of Financial Services, the impact of New York's new cybersecurity regulations for the financial services sector will be felt far beyond the state of New York. The new rules may drive similar changes to other state and federal information protection laws, becoming the baseline standard for the industry, say Romaine Marshall and Matt Sorensen of Holland & Hart LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Opinion

    DC Circ. Should Be Wary Of Efficiencies Defense In Anthem

    David Balto

    The children’s book "If You Give a Mouse a Cookie" could easily have been describing merger defendants’ efforts to push antitrust policy toward far more permissive standards in merger defenses. A perfect example of this is found in the Anthem merger case now on appeal at the D.C. Circuit, which will hear oral argument on Friday, says David Balto, former policy director of the Federal Trade Commission Bureau of Competition.

  • D&O Insurance And The Conduct Exclusion

    Kevin M. LaCroix

    Most directors and officers insurance policies have conduct exclusions precluding coverage for fraudulent, criminal or willful misconduct, but mere allegations are insufficient to trigger this exclusion. A California state appeals court's recent decision in Heart Tronics v. Axis Insurance provides interesting insight into the operation of such an exclusion, says Kevin LaCroix of RT ProExec.

  • NY Life Settlement And Cybersecurity Compliance

    Theodore P. Augustinos

    Attorneys with Locke Lord LLP explain the New York Department of Financial Service's new cybersecurity regulations and discuss the immediate actions that life settlement providers and brokers should take in order to comply.