• 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

    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.”

  • December 14, 2017

    Defect Notice May Trigger Defense Coverage: Fla. Justices

    The Florida Supreme Court ruled Thursday that a proceeding for resolving construction defect disputes prior to litigation constitutes a "suit" that may trigger a general liability insurer's duty to defend a policyholder, provided that the insurance company consents to the insured's participating in the process.

  • December 14, 2017

    Armed Services Chair Backs Temporary Funding Bill

    House Armed Services Committee Chairman Mac Thornberry, R-Texas, urged colleagues Wednesday to pass a contentious bill to fully fund the military through fiscal 2018 and renew a children’s health care program while only temporarily extending other federal spending, saying defense funding should not be used as a “political football.”

  • December 14, 2017

    NJ Banking And Insurance Czar To Join Walsh Pizzi

    Walsh Pizzi O’Reilly Falanga LLP has nabbed New Jersey’s banking and insurance regulator to helm the Newark-based firm’s newly formed insurance practice when he leaves his post in January, the firm said Thursday.

  • December 14, 2017

    Real Estate Rumors: UniVista, PebblePost, Steph Curry

    UniVista Insurance has reportedly bought a new Miami building for $10.2 million, marketing startup PebblePost is said to be taking nearly 20,000 square feet on Lafayette Street in New York, and basketball player Steph Curry's family foundation has reportedly reached a deal to lease office space in Oakland, California.

Expert Analysis

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, and stating my biases upfront, it is possible for me to look analytically at the Bartlit Beck fee model and make some observations on the pros and cons of one version of alternative fees, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Employers' Insurance Issues For Sexual Harassment Claims

    Micah Skidmore

    With daily revelations of sexual assault committed by public figures, employers are renewing their focus on employment practices liability insurance. However, the extreme social sensibility associated with sexual assault claims may complicate recovery, and employers should consider three key issues when seeking recovery under EPLI forms, says Micah Skidmore of Haynes & Boone LLP.

  • Opinion

    Jurors Should Have An Active Voice In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three jury system improvements that will give jurors an active voice and role in our civil and criminal jury trials.

  • DOL Fiduciary Rule — Still Very Much Alive

    Robert Gower

    While certain requirements of the U.S. Department of Labor's Fiduciary Rule were recently delayed, the rule's expanded definition of a fiduciary and the standards to which such fiduciaries are to be held are currently in effect, says Robert Gower of Trucker Huss APC.

  • Looking At Property Insurance From A Lender’s Perspective

    Melissa Martorella

    Most borrowers understand the importance of getting insurance against property loss, but some lenders ignore the vital role property insurance plays in protecting the lender's interest in the event of a loss. They must take steps to ensure that both the borrower and the lender will be made whole in the event of a catastrophic loss, says Melissa Martorella of Geraci Law Firm.

  • Series

    40 Years Of FCPA: An Update From The DOJ

    Daniel Kahn

    U.S. Department of Justice prosecutors and law enforcement partners have secured more foreign bribery-related trial convictions and guilty pleas this year than in any other year in the history of the Foreign Corrupt Practices Act, in fact by almost twice as much. These are all significant cases with significant impacts, says Daniel Kahn, chief of the DOJ's FCPA Unit.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • Series

    40 Years Of FCPA: Compliance, Past And Future

    Hui Chen

    More than any other statute, the Foreign Corrupt Practices Act has fueled the growth of the compliance industry. While the expansion of corporate compliance is a positive development, the fear-driven and FCPA-centric approach has also produced unfortunate consequences, says ethics consultant Hui Chen, who served as the U.S. Department of Justice's first-ever compliance counsel.

  • Series

    40 Years Of FCPA: Cross-Border Efforts And Growing Risk

    Patrick Stokes

    The U.S. agencies’ increasing coordination with their foreign partners has led to more potent Foreign Corrupt Practices Act investigations — in terms of both their scope and settlement cost, say Patrick Stokes, former chief of the FCPA Unit at the U.S. Department of Justice, and Zachariah Lloyd of Gibson Dunn & Crutcher LLP.