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Lawsuit Against Medtronic Alleges Racketeering Over Infuse Bone Graft

When one big industry sues another we learn a lot about how business as usual is conducted. In this case Humana, a giant health insurer, has sued the medical device company Medtronic, maker of the Infuse bone graft. ...more

Advertising Injury Coverage and Fashion Designs

Modern businesses today consider their intellectual property as one of their most valuable assets. This is certainly the case for the fashion industry, where brands rely heavily upon trademark laws in the absence of a more...more

From Insurer's Shield to Insured's Sword: California Supreme Court Authorizes Policyholder Unfair Competition Law Claims for...

On August 1, 2013, the California Supreme Court ruled in Zhang v. The Superior Court of San Bernardino County, No. S178542 (Cal. Aug. 1, 2013) that insurance practices violating the state’s Unfair Insurance Practices Act...more

California Supreme Court Holds that Insurers May Be Held Liable for Violations of California’s Unfair Competition Law

In Zhang v. Superior Court, __ Cal.3d __ (2013), the California Supreme Court held that Moradi-Shalal v. Fireman’s Fund Ins. Companies (1988) 46 Cal.3d 287 does not preclude insureds from maintaining a claim for violations of...more

Cloud Computing, Risk Management and Corporate Insurance

The cloud is all the rage these days. Cloud computing, that is. When a business uses a cloud computing service, its data storage and application server needs are handled by a third party provider that it can connect to via...more

Manage and Control Litigation Costs By Acknowledging Realities

Managing litigation effectively, including controlling legal costs, especially litigation costs, is important for business owners, small and large. A recent article in InsideCounsel suggests that an important part of...more

Indemnity Prohibition

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

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

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

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

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

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

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

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

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

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

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...

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

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

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