• January 17, 2017

    Judge OKs Geico's Discovery Bid In Fraud Case

    A New Jersey federal judge on Tuesday ordered a group of outpatient care facilities sued by Geico over an alleged kickback scheme to explain why they can’t obtain requested discovery documents, which they claim were ruined after the government seized their computers, from their original sources.

  • January 17, 2017

    Sausage Co. Says Insurer Owes In Money-Transfer Scam

    Quality Sausage Co. and a subsidiary filed suit against Twin City Fire Insurance Co. in Texas federal court Friday, alleging that the insurer wrongfully denied coverage after a hacker tricked one of the unit’s employees into transferring $1 million out of a client’s bank account.

  • January 17, 2017

    Blue Shield Escapes TCPA Class Action Over Single Call

    A California federal judge last week gave Blue Shield a quick win in a proposed class action accusing the insurer of violating the Telephone Consumer Protection Act based on a single recorded phone call about plan renewal, saying common sense concludes a purely informational call isn’t an ad.

  • January 17, 2017

    LifeLock Can't Revive False Ad Suit Coverage Bid

    A New York appellate court on Tuesday rejected identity theft protection company LifeLock Inc.'s bid to revive its suit seeking coverage from Lloyd's of London underwriters for defense costs in a civil suit and related class actions over purportedly misleading claims, holding that a pair of policy exclusions preclude coverage.

  • January 13, 2017

    Reed Smith Adds Ex-McDermott Litigation Pro In Chicago

    Reed Smith LLP is expanding its health care law expertise with the addition of a partner, who joined Reed Smith's Chicago office from McDermott Will & Emery LLP, where he was also a partner, the firm announced.

  • January 13, 2017

    9th Circ. Seeks Calif. Justices' Input On Insurance Rule

    The Ninth Circuit on Friday asked California's high court to decide whether the state's law applies to a college's pollution coverage dispute despite a policy provision requiring the application of New York law, given the Golden State's rule that an insurer must prove it was prejudiced by a policyholder's late notice to deny coverage on that basis.

  • January 13, 2017

    WorldLink Gets Arbitration Coverage Fight Booted From Mich.

    A Michigan federal judge on Friday tossed an insurer’s suit against staffing agency ADI WorldLink LLC seeking to escape coverage obligations related to WordLink’s arbitrations with employees, saying the suit belongs in Texas.

  • January 13, 2017

    Life Partners Investors Want Goodman & Nekvasil DQ'd

    The investors who are class-action plaintiffs in an adversary case in the Life Partners Holdings Chapter 11 told a Texas bankruptcy judge on Thursday to disqualify and sanction Goodman & Nekvasil PA because the firm sent out solicitation letters to Life Partners investors and lied to the court about it.

  • January 13, 2017

    5 Texas Insurance Battlegrounds In 2017

    Courts in the Lone Star State have a busy year ahead, with the Texas Supreme Court set to weigh the scope of its landmark ruling that an insured's damages must result from a fully adversarial trial and a federal appellate court preparing to grapple with issues relating to policy exhaustion and the proper trigger of coverage. Here, Law360 looks at five insurance cases that have grabbed attorneys' attention in Texas.

  • January 13, 2017

    US, EU Complete Agreement On Insurance Regulation

    U.S. and European Union officials said Friday they have completed a bilateral agreement designed to place their insurers and reinsurers on equal footing by eliminating duplicative regulations and axing collateral requirements for EU reinsurers doing business in the U.S., among other measures.

  • January 13, 2017

    Congress Passes 1st Step To Repeal ACA

    Congress passed the bill that would frame the repeal of the Affordable Care Act on Friday, after the House voted through a measure that would let Republicans undo President Barack Obama's signature health care law down the road without any Democratic votes.

  • January 13, 2017

    Health Data Patents Not Abstract In Aetna Row, Fed. Circ. Told

    Software company HealthTrio LLC on Friday fought to reverse a ruling that its patents for an online record-keeping system asserted against health insurance giant Aetna Inc. are invalid as abstract, telling the Federal Circuit that the technology encompasses far more than simply translating information for electronic databases.

  • January 13, 2017

    More Info Needed In Bird Flu Coverage Row

    A Minnesota federal judge on Thursday held off on concluding whether or not a 2015 avian influenza outbreak that cost Rembrandt Enterprises nearly 8 million birds at its egg-producing facilities warrants coverage, saying the crux of the case — how the virus spread — couldn’t yet be determined.

  • January 12, 2017

    DaVita, Fresenius Win Temporary Block Of HHS Rule Change

    A Texas federal judge on Thursday put a temporary block on a new U.S. Department of Health and Human Services rule set to take effect Friday requiring dialysis providers such as DaVita Inc. and Fresenius Medical Care to make certain disclosures about third-party premium assistance, court filings show.

  • January 12, 2017

    Consumers Can't Join ACA Cost-Sharing Case, DC Circ. Rules

    Consumers can’t take over for the Obama administration in fighting a U.S. House of Representatives lawsuit that challenges Affordable Care Act cost-sharing reductions, the D.C. Circuit ruled Thursday.

  • January 12, 2017

    Noble Asks Texas Justices To Nix $63M Conoco Indemnity

    Noble Energy Inc. on Thursday told the Texas Supreme Court it’s wrongly on the hook to ConocoPhillips Co. for $63 million in environmental cleanup costs under an indemnity agreement a predecessor company didn't know existed when it bought property.

  • January 12, 2017

    United Healthcare, Class Refute AGs' Protest To Hep C Deal

    United Healthcare Inc. and class plaintiffs suing over the insurer's restrictions on coverage of costly hepatitis C treatments have urged a Florida federal court to reject 13 state attorneys general's opposition to their proposed settlement they say would deliver even more than what class members originally sought.

  • January 12, 2017

    Lamorak Tells 2nd Circ. Policy Must Be Read As Written

    Lamorak Insurance Co. told the Second Circuit Thursday that a New York district court judge “rewrote" its contract with Olin Corp., saying the plain language of the policy dictates that the chemical producer must collect on earlier policies with other insurers before Lamorak has to pay out for the cleanup of contaminated sites.

  • January 12, 2017

    Deals Rumor Mill: Johnson & Johnson, Onex, McDonald's

    Johnson & Johnson is inching closer to an acquisition of Swiss biotech Actelion, Canada's Onex could rake in up to $4 billion through the sale of USI Insurance Services, and McDonald's is taking offers for a significant stake in its Japanese unit.

  • January 12, 2017

    Ryan Promises 'Concurrent' ACA Repeal And Replacement

    House Speaker Paul Ryan reiterated President-elect Donald Trump's promises for a simultaneous repeal and replacement of the Affordable Care Act on Thursday, hours after the Senate took a series of votes that advanced the repeal effort.

Expert Analysis

  • The Duty To Supplement Expert Reports: Part 2

    Gregg Weiner

    Expert testimony is critical in many commercial cases. But during a trial, new facts, unexpected issues and changes in strategy may emerge. Expert opinions must therefore be flexible enough to adapt to changed circumstances. Attorneys from Ropes & Gray LLP explain how to avoid pitfalls associated with offering expert trial testimony not spelled out in the expert report.

  • The Duty To Supplement Expert Reports: Part 1

    Gregg Weiner

    Expert testimony is critical in many commercial cases. But during a trial, new facts, unexpected issues and changes in strategy may emerge. Expert opinions must therefore be flexible enough to adapt to changed circumstances. Attorneys from Ropes & Gray LLP explain how to avoid pitfalls associated with offering expert trial testimony not spelled out in the expert report.

  • Looking Ahead: Employer-Provided Health Care Under Trump

    Eric J. Schillinger

    Because the Republicans do not have a filibuster-proof majority in the Senate, a complete repeal of the Affordable Care Act is unlikely. However, Republicans in Congress can pass a bill unwinding major portions of the ACA that apply to group health plans and sponsoring employers, and the Trump administration can make substantial changes to the ACA rules for group health plans unilaterally, says Eric Schillinger of Trucker Huss APC.

  • 8 Corners Rule Not The Final Word On Duty To Defend In Ill.

    Daniel E. Feinberg

    At first glance, the Illinois Appellate Court's strict adherence to the eight corners rule might appear to favor policyholders because the rule looks solely to the allegations of an underlying complaint. However, a better rule would allow both insurers and policyholders to look beyond the eight corners, say Daniel Feinberg and Geoffrey Repo of Fox Rothschild LLP.

  • Potential SAFETY Act Issues For Insurers To Consider

    Almond_BrandonHR (1).jpg

    Although the Support Antiterrorism by Fostering Effective Technologies Act provides numerous protections for sellers of qualified antiterrorism technology, several uncertainties surround the questions of if and how the act would apply to a mass-loss event. Insurance carriers should enact their own safeguards against the act's uncertain application, says Brandon Almond of Troutman Sanders LLP.

  • Small-Employer Relief In Cures Act Includes A Few Hurdles

    Kenneth A. Mason

    Tucked at the very end of the recently enacted 21st Century Cures Act is a provision allowing certain small employers to offer their employees a health reimbursement arrangement that need not be “integrated” with a group health plan. Employers should understand, however, that this new vehicle comes with a raft of restrictions, says Kenneth Mason of Spencer Fane LLP.

  • Be Prepared For Law Firm Data Breach Litigation

    Scott Vernick

    The April 2016 leak of "Panama Papers" documents from law firm Mossack Fonseca removed any doubt that the threat of cyberattacks against the legal industry is more than hypothetical. While the case law on law firm data breach litigation has largely yet to be written, there are certain fundamental tenets worth reviewing, say Scott Vernick and Peter Buckley of Fox Rothschild LLP.

  • 2016 Insurance Coverage Litigation Year In Review


    Courts handed down a number of important insurance coverage decisions in 2016, involving issues like the concurrent cause doctrine and the subcontractor exception, says Sandra Smith Thayer of Liner LLP.

  • 7 Legal Industry Predictions For 2017

    Haley Altman

    Since 2008, the legal relationship dynamic has consistently evolved, leading clients to demand more "value" for services received. In 2017, investment in and adoption of new technology and prioritizing cybersecurity will lead to an increase in billable hours and shifts in realization rates, says Haley Altman of Doxly.

  • 6 Key Commercial Litigation Finance Trends For 2017

    Ralph J. Sutton

    With commercial litigation funding gaining acceptance throughout the U.S., law firms and corporations are investigating how they can benefit from the capital that funders provide, and which criteria they should use in selecting a funder. Ralph Sutton, chief investment officer of Bentham IMF, discusses several major trends to watch in 2017.