Communications & Media Law, Business Torts, Insurance

Indemnity Prohibition

by Peter Bauman - Senior Associate at Tharpe &... on 5/17/2013

On January 1, 2013, new rules governing indemnification in construction contracts went into effect under SB 474 in California. The new law impacts commercial real estate, and public and residential projects. The big picture...more

California To Draw The Lines In Disparagement Liability

by Tyler Gerking | Farella Braun + Martel LLP on 5/15/2013

The California Supreme Court has granted review of the Court of Appeal’s decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), review granted 152...more

Case Highlights Need for Waiver of Subrogation Between Additional Insureds

by Robert Freedman - Partner at Tharpe & Howell,... on 1/11/2013

Does a party named as an additional insured under an insurance policy also qualify as an ”insured” under the policy for purposes of the interinsured exclusion? That was the question in a recent property damage case decided by...more

Duty Of An Insurer To Defend An Additional Insured

by Robert Freedman - Partner at Tharpe & Howell,... on 1/2/2013

Many commercial contracts require the seller to maintain insurance against stated risks and also requires that the purchaser be named an additional insured under the seller’s insurance policies. This typically requires that...more

Case Highlights Need for Waiver of Subrogation Between Additional Insureds

by Peter Bauman - Senior Associate at Tharpe &... on 12/24/2012

Does a party named as an additional insured under an insurance policy also qualify as an ”insured” under the policy for purposes of the interinsured exclusion? That was the question in a recent property damage case decided by...more

Guidance on Proving Lost Profit Damages Offered By California Supreme Court

by Peter Bauman - Senior Associate at Tharpe &... on 12/20/2012

Proving lost profits through expert testimony is often key to recovering the full measure of damages in many lawsuits, but the California Supreme Court decision in Sargon Enterprises v. Univ. of Southern California (November...more

Development In Social Media Discovery

by Peter Bauman - Senior Associate at Tharpe &... on 10/30/2012

Social media postings, messages and records are subject to discovery in lawsuits. But like other forms of discovery, there are limits. Courts don’t like fishing expeditions and will use state and federal laws to deny...more

Contract Litigation Insurance A Valuable Tool For Business

by Robert Freedman - Partner at Tharpe & Howell,... on 9/28/2012

Many business contracts include “fee-shifting” provisions which require the losing party in any breach of contract litigation to pay attorneys fees incurred by the prevailing party. The financial risk of being liable for...more

Digital Risk Management Strategies For Business

by Robert Freedman - Partner at Tharpe & Howell,... on 8/30/2012

Ensuring that key business data survives unexpected events is vital for businesses large and small. That’s why every business should have a plan in place to ensure the availability of its data when manmade or natural...more

Contract Litigation Insurance A Valuable Tool For Business

by Robert Freedman - Partner at Tharpe & Howell,... on 8/21/2012

Many business contracts include “fee-shifting” provisions which require the losing party in any breach of contract litigation to pay attorneys fees incurred by the prevailing party. The financial risk of being liable for...more

Contract Litigation Insurance A Valuable Tool For Business

by Peter Bauman - Senior Associate at Tharpe &... on 8/21/2012

Many business contracts include “fee-shifting” provisions which require the losing party in any breach of contract litigation to pay attorneys fees incurred by the prevailing party. The financial risk of being liable for...more

California Appellate Court Upholds Trial Court's Dismissal of a Coverage Claim for an Alleged Advertising Injury - Perspectives...

by Pillsbury Winthrop Shaw Pittman LLP on 6/23/2012

A recent decision in California put a crimp in a rock star impersonator's effort to seek coverage for his liability to the rock star for "trading on his celebrity." In Oglio Entertainment Group, Inc. v. Hartford Casualty...more

Internet Risk Management: An Examination of Internet Risks

by Mitchell J. Matorin on 5/3/2005

This White Paper discusses Internet-related risks companies face from computer hackers, computer viruses, leaking of confidential information, and trademark infringement, and the types of business insurance that are available...more