Jonathan M. Cohen

Jonathan M. Cohen

Gilbert LLP

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Seeking (and Finding) Coverage for Proposition 65 Claims

Navigating California’s Safe Drinking Water and Toxic Enforcement Act of 1986—better known as Proposition 65—is becoming an increasingly difficult endeavor for California-based companies and companies that do business in...more

5/14/2014 - Commercial General Liability Policies Commercial Insurance Policies D&O Insurance Proposition 65

How Insurance Works with Labeling and Duty-to-Warn Lawsuits

Food processors can use existing and new insurance policies in cases involving alleged violations of Prop 65 - Labeling and duty-to-warn cases continue to emerge as a key area of risk for food and beverage companies....more

1/29/2014 - Commercial General Liability Policies Duty to Warn Food Labeling

The Evolving Law of Personal Jurisdiction May Affect International Supply Chain Risk

In the last two months, the United States Supreme Court granted review in two cases involving the limits of federal court jurisdiction over foreign companies: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22,...more

5/9/2013 - Due Process Extraterritoriality Rules Foreign Corporations Minimum Contacts Personal Jurisdiction Risk Management SCOTUS Supply Chain

Three Steps To Protect Against The Costs Of Supply Chain Disruptions Caused By Mississippi River Flooding

In late April 2013, parts of the Mississippi River flooded from an unexpected spate of rainfall that sent the water’s peak, just North of St. Louis, to eleven feet above flood stage. The extreme conditions reportedly caused...more

5/3/2013 - Business Interruption Contract Interpretation Flooding Insurers Proof of Loss Supply Chain

Risk-Management Mechanisms Associated With Gluten Allergies

Approximately 1% of the United States population is allergic to gluten, a protein found in wheat, barley, and rye. For these individuals, gluten consumption may result in vomiting, bloating, anemia, osteoporosis, diabetes,...more

4/1/2013 - Additional Insured Advertising D&O Insurance E&O Policies Food Allergies Food Labeling Food Manufacturers Gluten-Free Indemnification Marketing Risk Management

“Food Fraud Database”: a New Tool to Protect Against Tainted Ingredients

Last week, the U.S. Pharmacopeial Convention (“USP”), a scientific nonprofit that sets standards for food ingredients, medicines and dietary supplements enforceable by the Food and Drug Administration, released an updated...more

2/1/2013 - Food Contamination Food Fraud Database Food Manufacturers Food Safety Liability Insurance U.S. Pharmacopeial Convention

Spilled Milk: District Court Judge Sides with Policyholder in Recall Damages Dispute

On January 8, 2013, a Minnesota federal district court granted summary judgment in favor of a policyholder who sought coverage from its commercial general liability insurer for contract damages stemming from the recall of...more

1/14/2013 - Damages FDA Instant Milk Liability Insurance Malt-O-Meal Product Recalls Resales Agreements

Rise in Food Contamination Calls for Proactive Risk Management in 2013

Despite improvements in food safety over the last two decades, 2012 saw no shortage of recalls due to food contamination. For example, one Indiana farm recalled all cantaloupes from its 2012 growing season after the fruit was...more

1/11/2013 - Food Contamination Food Manufacturers Food Safety Product Recalls Risk Assessment Risk Mitigation

Companies Need to Review Their Insurance as FDA Announces First Rules Under FSMA

On January 4, 2013, the Food and Drug Administration (“FDA”) issued the first two rules that will put into effect the Food Safety Modernization Act (“FSMA”), a law passed by Congress in 2011 that is designed to prevent...more

1/7/2013 - FDA Food Safety FSMA Manufacturers

Whether Because of Floods or Droughts, Weather Can Shut Down the Mississippi River and Cause Business Interruptions

Last year, we wrote an article published in the Corporate Counselor that discussed the coverage consequences of business interruptions caused by unprecedented flooding of the Mississippi River. In the article, we discussed...more

11/20/2012

Ten Things Every Company Needs To Know About Insurance Coverage For Hurricane Sandy

1. There is a good chance you have coverage. There is a good chance that affected companies have insurance for some or all of the property damage, loss of profits, and expenses resulting from Superstorm Sandy. 2. Your...more

11/20/2012

Mold, Asbestos, and Raw Sewage – The Toxic Stew that Sandy Left Behind

Superstorm Sandy wreaked havoc across the Eastern Seaboard and is predicted to be one of the costliest natural disasters in U.S. history. New York’s Governor Cuomo estimates that the storm may have had a $50 billion impact...more

11/13/2012

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