Electronic Medical Records: Help or Hindrance?
Variables Affecting Medical PL Settlement Values
Technology in Healthcare
Prior & Pending Litigation
Nowotny on Private Placement Group Variable Deferred Annuity Contracts for Tax Exempt and Foreign Investors
Nowotny on Private Placement Variable Deferred Annuities
The Intersection of Cyber and D&O Coverage
Nowotny on Private Placement Life Insurance
Is Private/Non-Profit D&O Coverage Under Priced?
Halliburton: Good for the Plaintiffs’ Bar?
D&O in Brazil and Latin America
Regan Miller, RPLU on Cyber Risk
Jeffrey Koonankeil on How the EPL Landscape is Changing
Reservation of Rights and the Insurer
Insurance Companies and the Attorney-Client Privilege in Arizona
The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies
The TCPA: Basics, Targeted Industries, and Trends
Insights and Strategies on Class Action Litigation from General Counsel and Chief Legal Officers
FCPA Compliance and Ethics Report-Episode 118-the Alstom FCPA Enforcement Action
What is a Damron Agreement?
In the Context of a Bad Faith Claim, Insurer’s Defense That Coverage Denial Was Reasonable Put at Issue Otherwise Protected Attorney-Client and Work Product Communications -
Why it matters: Recognizing the “conflicting...more
The California Supreme Court recently issued its longawaited coverage decision in Hartford Casualty Ins. Co. v. Swift Distribution, Inc., 59 Cal. 4th 277 (2014). The Court, applying California state law, upheld the trial...more
Commercial general liability policies typically provide coverage for claims based on “personal and advertising injury.” Increasingly, enterprising insureds have invoked this coverage in connection with a variety of legal...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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