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Illinois Court Finds Coverage for Advertising Injury

In Selective Insurance Co. of the Southeast v. Creation Supply Inc., 2015 Ill. App. (1st) 140152-U, the Appellate Court of Illinois, First District, had occasion to consider whether an insured’s in-store retail displays of...more

Competition and Regulation Update: Health Sector Under ACCC Spotlight In 2015

ACCC ENFORCEMENT PRIORITIES - The Australian Competition and Consumer Commission (ACCC) has released its enforcement priorities for 2015, with the Chairman of the ACCC giving a speech on the topic last week. Each year,...more

A Primer on Insurance Coverage Issues under the Telephone Consumer Protection Act

In the past several years, plaintiffs’ attorneys around the country have exploited a once-unknown 1991 law, the Telephone Consumer Protection Act (“TCPA”), to obtain headline-grabbing, multimillion-dollar judgments and...more

Cracking Down on Hit and Run Via Social Media

About 80 percent of hit and run cases between 2008 and 2012 in the Los Angeles area were never solved, according to the Los Angeles Times. Compare that to the city of Denver, whose police force actually resolves about 78...more

Report From Counsel: Insights And Developments In The Law - Winter 2014/2015

In this Newsletter: - Federal Advertising Guidelines for Businesses - Case by Case - Arbitration Clauses in Employment Contracts - Life Insurance Can Be Part of Your Estate Plan - Employment...more

Redial: 2014 TCPA Year In Review – Analysis Of Critical Issues And Trends

In this Analysis: - New TCPA Rules Take Effect for Telemarketing Calls - Just the Fax: Recent TCPA Developments on Liability for Unsolicited Faxes and Fax Opt-Out Notices - TCPA Best Practices: Consent,...more

Insurance Recovery Law - January 2015 #2

More Important Rulings From J.P. Morgan's New York Coverage Litigation - Why it matters: A New York Appellate Court unanimously held that a group of insurers could not invoke a Dishonest Acts Exclusion in a...more

California Insurance Law - 2014 Year in Review

Introduction - The California appellate courts issued an unusual number and variety of insurance-related opinions in 2014. The California Supreme Court issued an important and highly anticipated ruling on the scope of...more

If You Post It, Your Opponent Can Probably Discover It

In March we ran a post on how important videos, photographs, and statements on social media sites can be when investigating a property loss. A picture is literally worth a thousand words. Earlier this month, a Florida court...more

Ringing in the New Year: TCPA Hot Issues for 2015

The year 2014 saw a surge in class action filings under the Telephone Consumer Protection Act (TCPA). Record-setting class action settlements captured the headlines. The Federal Communications Commission (FCC) provided...more

Protecting Against Cyber Risk - A Primer on Cyber Insurance

There was no shortage of stories about massive data breaches in 2014 and things likely won't slow down in 2015. As these stories continue to grow in number, corporate America has started to explore ways to insure against this...more

U.S. Treasury and Commerce Release Revised Cuba Sanctions Regulations

A pre-release of the revised regulations from the U.S. Treasury Department, Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce Bureau of Industry and Security (BIS) identifies the extensive changes in...more

Physician Plaintiff Bound by Arbitration Clause in Nonparty’s Contract

Today’s riddle: A physician sues defendants for defamation. The defendants move to compel the arbitration clause of a contract the physician used to have with a nonparty. The defendants win the argument. What’s the...more

Life Insurer Settles Nationwide "Junk Fax" Class Actions

Recently, there has been a noticeable increase in lawsuits, particularly putative class actions, brought against life insurance companies pursuant to the Telephone Consumer Protection Act of 1991 (TCPA). As amended by the...more

Facing TCPA Claims for Texting Advertisements? You May Also Have Some Insurance Coverage Concerns

During this busy holiday shopping season, retailers may end up facing litigation under the Telephone Consumer Protection Act (TCPA) for sending advertisements to consumers’ cell phones. With large-scale litigation...more

Illinois Court Holds No E&O Coverage for Underlying TCPA Violation

In Margulis v. BCS Ins. Co., 2014 Ill. App. LEXIS 826 (Ill. App. Ct. 1st Dist. 2014), the Appellate Court of Illinois, First District, had occasion to consider whether an insurer has a duty to defend an insurance agent under...more

Hong Kong's first prison sentence under the Personal Data (Privacy) Ordinance

The Hong Kong Privacy Commissioner for Personal Data (PCPD) announced last week that a former insurance agent has received a prison sentence in respect of offences under the Personal Data (Privacy) Ordinance (the Ordinance)....more

Unprofessional Marketing: Illinois Appellate Court Denies Professional Liability Coverage for TCPA Violation

On November 26, 2014, an Illinois appellate court held that a professional liability insurer had no duty to defend or indemnify its insured for a class action brought under the Telephone Consumer Protection Act (TCPA) because...more

TCPA Class Action Against Insurance Agent Not Covered by Professional Liability Insurance

As class action filings under the Telephone Consumer Protection Act (TCPA) have continued to rise, so too have the number of disputes with commercial liability insurers over coverage for their insureds’ alleged TCPA...more

Does your company have insurance coverage for a data breach?

According to the Ponemon Institute, the average total organizational cost for a data breach in the United States in 2014 is $5.85 million. Forbes reports that Target has incurred costs of $236 million related to the December...more

RSUI Indem. Co. v. Sempris LLC, C.A. No. N13C-10-096 MMJ CCLD (Del. Super. Ct. Sept. 3, 2014)

In this case, brought in the Delaware Superior Court’s Complex Commercial Litigation Division, the Court considered whether RSUI Indemnity Co. (“RSUI”) owed insurance coverage obligations to Sempris, LLC (“Sempris”). RSUI...more

Privacy Tuesday – November 2014 – Five Things to Start Your Week

Welcome to Privacy Tuesday – here are five privacy & security bits and bytes to start your week: 1) California AG’s Data Breach Report: Who Is Handling Your Patients’ Confidential Health Information? - The...more

Illinois Court of Appeals Decision Serves as Caution to Policyholders Seeking Coverage for Underlying Settlements

The Illinois Court of Appeals recently issued an opinion providing guidance for policyholders seeking insurance coverage under commercial liability policies for settlements to resolve class actions asserted against them. In...more

CFPB Targets Marketing Service Agreements

On September 25, 2014, the Bureau of Consumer Financial Protection (“CFPB”) entered into a Consent Order with Lighthouse Title, Inc., a title insurance company located in Holland, Michigan (“Lighthouse”), in which the CFPB...more

.bank and Other Domain Names to Open for Financial Institutions... And Others

The governing body that administers the domain name space, the Internet Corporation for Assigned Names and Numbers (ICANN), is in the process of vastly expanding the number of top level domain names (like .com and .net) from...more

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