• July 21, 2017

    Key ACA Repeal Elements Need 60 Votes

    Important parts of Affordable Care Act repeal legislation cannot be approved in the U.S. Senate with a simple majority, dealing a fresh setback to the Republican repeal effort, according to procedural rulings Friday.

  • July 21, 2017

    Drug Info Co. Wants Defense In Bayer's Price Listing Suit

    RJ Health Systems International LLC on Thursday urged a Connecticut state judge to rule that a unit of The Hartford must fully fund its defense of Bayer's suit alleging that the drug information company falsely listed the price of the intrauterine device Mirena at nearly $200 less than it actually costs, causing the drugmaker to lose income.

  • July 21, 2017

    Medical Malpractice Cases To Watch In The 2nd Half Of 2017

    A bid to have the U.S. Supreme Court review a Florida statute giving patients access to hospital incident reports and a looming California ruling affecting doctors on workers' compensation panels are among the medical malpractice cases attorneys will be following in the second half of 2017. Here, Law360 takes a look at four pending cases.

  • July 21, 2017

    Miners, Travelers Reach Deal In Wage Claim Coverage Row

    Travelers Indemnity Co., formerly bankrupt Alpha Natural Resources LLC and others asked a West Virginia federal court on Friday to remand a wage suit by former coal miners, saying they've reached a settlement that belongs in state court.

  • July 21, 2017

    UnitedHealth Unit Must Cough Up Patent Docs: Fed. Circ.

    The Federal Circuit on Thursday, in a matter of first impression, backed a district judge’s order requiring a UnitedHealth Group Inc. unit to turn over documents related to its patent for software that processes medical claims, finding that the company is bound by its predecessor's attorney-client privilege waiver.

  • July 21, 2017

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

    The last week has seen an arbitration dispute between ICBC Standard Bank and a Russo-Mongolian mining venture, Barents Re's suit against PDV Insurance, and a financial services spat between Walker Crips brokerage and ADM's U.K. investment services unit. Here, Law360 looks at those and other new claims in the U.K.

  • July 20, 2017

    Catholic Mutual Sues Insurers For Defense In Abuse Claims

    The Catholic Mutual Relief Society of America hit the Security Insurance Co. of Hartford with a suit in Minnesota federal court on Thursday, saying the insurer's new owner has refused to cover a spate of sex abuse suits, despite previous ownership readily covering such claims.

  • July 20, 2017

    Geico Wins On Retrial In Bad Faith Row Over Road Rage Deal

    A Florida federal jury on Wednesday found that Geico didn't act in bad faith by failing to settle with the family of a woman killed amid a road rage incident involving a policyholder who was ordered to pay the family $4 million in an underlying case, five months after the insurer won its bid for a retrial.

  • July 20, 2017

    HK Court Shuts Down AIG Appeal Over Award, Again

    Months after scolding AIG for its "totally without merit" challenge to an arbitral award canceling the insurer's rights to a $475 million deposit on an aircraft leasing unit following a botched sales agreement, a Hong Kong appeals court has once again rebuffed AIG.

  • July 20, 2017

    Geico's Bad Faith Win Should Stand, Fla. Justices Told

    Geico urged the Florida Supreme Court to uphold a finding that the insurer did not act in bad faith by not settling claims against a policyholder later hit with an $8.7 million fatal-crash judgment, asserting Thursday that an appellate decision for Geico was consistent with established bad faith law.

  • July 20, 2017

    Failed ACA Insurer's Suit Belongs In Claims Court, Feds Say

    The liquidator for a failed South Carolina co-op insurer formed under the Affordable Care Act should file his suit challenging a federal loan repayment demand in the U.S. Court of Federal Claims, as the suit is a request for money disguised as a call for injunctive relief, the government said Wednesday.

  • July 20, 2017

    Knottier Malpractice Theories Driving Up BigLaw Defense Bills

    The BigLaw bill for fending off malpractice suits is being pushed skyward by increasingly convoluted theories from former clients about how flawed advice led to business losses and more creative claims of legal blunders, according to insurance specialists.

  • July 20, 2017

    Tweaked ACA Repeal Still Means 22M More Uninsured: CBO

    Revised legislation to repeal and replace the Affordable Care Act would still cause 22 million fewer Americans to have health insurance, according to a Congressional Budget Office analysis Thursday that didn’t even examine the bill’s most controversial provision.

  • July 20, 2017

    UK Sets Out New Framework For Insurance-Tied Securities

    The U.K. Treasury released details Thursday of a new regulatory and tax regime to help Britain break into the surging global trade in insurance-linked securities, which could be worth £87 billion ($113 billion) by 2019.

  • July 19, 2017

    Insurers, Policyholders Both See Silver Lining In Olin Ruling

    The Second Circuit's decision Tuesday in Olin Corp.'s bid for environmental cleanup coverage reaffirmed a ruling from the New York Court of Appeals that policyholders can seek coverage for an entire loss under any triggered policy they hold, but it also opened the door for insurers to reduce their liability by deducting past payments by other carriers.

  • July 19, 2017

    Horizon, Hospitals Reach Tentative Deal On $125M Claims

    Three New Jersey hospitals told a federal court Tuesday that they have reached a tentative deal with Horizon Healthcare Services Inc. to resolve claims that the insurer owes them more than $125 million for out-of-network services and that the company has made false and misleading statements in an effort to drive them into bankruptcy.

  • July 19, 2017

    Magistrate Who Signed Warrants DQ'd From Fraud Suit

    A U.S. magistrate judge agreed Tuesday to step aside in a suit brought by Allstate against several related Michigan medical companies due to claims that she also signed a warrant for the FBI to search the office of one company and the home of one of its executives, who is also named as a defendant.

  • July 19, 2017

    LabCorp Says AIG, Liberty Must Cover $13.5M FACTA Suit

    Laboratory Corp. of America hit AIG Specialty Insurance and Liberty Mutual Insurance Co. with a suit on Wednesday in North Carolina federal court seeking coverage for the roughly $13.5 million it shelled out to settle a consumer privacy class action in 2015.

  • July 19, 2017

    Housing Group Can Recover $1.5M Hail Loss, Iowa Court Says

    An Iowa appeals court on Wednesday reversed a lower court decision and found an insurance appraisal panel’s award of $1.5 million to a housing association for hail damage was binding.

  • July 19, 2017

    Clean ACA Repeal Means 32M Uninsured, CBO Says

    Repealing the Affordable Care Act's funding and individual mandate without passing a replacement plan would eventually lead to 32 million more uninsured Americans and cause premiums to double, the Congressional Budget Office reported Wednesday.

Expert Analysis

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rising Shareholder Demands Drive New Insurance Solutions

    Sarah Katz Downey

    As shareholders increasingly demand to inspect companies' books and records, the corresponding increase in costs of responding to those demands has raised concerns among directors and officers. Fortunately, there are now a number of different options for insuring such costs, say Sarah Katz Downey of Marsh USA Inc. and Anthony Paccione and Jason Vigna of Katten Muchin Rosenman LLP.

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • SEC’s Emerging Enforcement Priorities In The Bond Markets

    Michael Osnato Jr.

    Beginning with the 2013 charges against Jesse Litvak for misrepresentations to counterparties in the market for residential mortgage-backed securities, the U.S. Securities and Exchange Commission has aggressively pursued similar cases against bond traders. Michael Osnato Jr. and Meaghan Kelly of Simpson Thacher & Bartlett LLP survey the impact of the Litvak line of cases and offer insights into where the SEC will next deploy its an... (continued)

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Growing Demand For Mediation Of Data Breach Disputes

    Kenneth Rashbaum

    Most disputes that arise from breaches of information have their roots in agreements between the parties as to how that information would be maintained. More and more contract drafters are including some form of alternative dispute resolution in those agreements, says Kenneth Rashbaum of Barton LLP.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Series

    My Strangest Day(s) In Court: The Life Partners Bankruptcy

    Joseph Wielebinski

    The bankruptcy courtroom was filled with interested investors. They hung on every argument and every word of testimony. When Life Partners management argued that the allegedly fraudulent business model worked just fine, they cheered, recalls Joseph Wielebinski of Munsch Hardt Kopf & Harr PC.

  • The Role Of Insurance In A Cyber Risk Management Strategy

    James E. Scheuermann

    Though it is rare for corporate insureds to treat cyber insurance as the whole of their cyber risk management plans, many insureds make a closely related and potentially equally serious mistake — they treat cyber insurance as a distinct and independent silo in their strategy, says James E. Scheuermann of K&L Gates LLP.