Insurance, Communications & Media Law, Commercial Law & Contracts

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

Cyber Risks: Creating A Comprehensive Cyber Insurance Program

by Katherine Dawson Varholak, Brooke Yates | Sherman & Howard L.L.C. on 3/21/2013

Insurance is one important line of defense companies can use to protect against the potentially devastating costs of responding to cyber breaches. The following list gives examples of insurance coverage to consider when...more

Protect Your Business With Cyber Liability Coverage

by Amanda Hairston | Farella Braun + Martel LLP on 3/11/2013

Many insurers are now offering “cyber liability” or “cyber risk” policies designed to protect policyholders against electronic injuries that policyholders may either suffer themselves or cause to others. Most of these...more

South Carolina Court Holds No Coverage for Blast Fax Case Under E&O Policy

by Traub Lieberman Straus & Shrewsberry LLP on 2/22/2013

In its recent decision in BCS Ins. Co. v. Big Thyme Enters., 2013 U.S. Dist. LEXIS 20051 (D.S.C. Feb. 14, 2013), the United States District Court for the District of South Carolina had occasion to consider whether an alleged...more

Speaking Of . . . Insurance Coverage - Is There Coverage For Alleged “Disparagement” Of Another Company’s Product? One California...

by Walter Judge | Downs Rachlin Martin PLLC on 2/4/2013

We previously discussed the troubling issues of: a) whether your company’s insurance policy(ies) actually provides coverage for claims of IP infringement, and b) which of your policies is the one(s) you should be looking to...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

Product Liability Advisory - December 2012: Product Manufacturers and the Importance of Understanding Personal and Advertising...

by Harmon L. (Monty) Cooper | Sedgwick LLP on 12/24/2012

In product liability actions, claims against manufacturers often involve bodily injury or property damage. But manufacturers can also be exposed to “personal and advertising” injuries, which don’t involve property damage but...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

Levick Weekly: Social Media in the Boardroom - Critical Questions Directors Need to Ask

by LEVICK on 12/5/2012

In This Issue: - The 100 Most Influential People In the Boardroom - Social Media & The Boardroom: Critical Questions Directors Need To Ask - Michael Volkov on Whistleblowers - What's Next? The Top Issues of...more

California Court of Appeal Holds No “Advertising Injury” Coverage for Product That Is Neither Mentioned Nor Disparaged in...

by Jamison R. Narbaitz | Sedgwick LLP on 11/12/2012

In Hartford Casualty Ins. Co. v. Swift Distribution, Inc., __ Cal.Rptr.3rd __, 2012 WL 5306248 (Cal. Ct. App. Oct. 29, 2012), the California Court of Appeal held that the “advertising injury” coverage in a CGL policy does not...more

Courts Take Divergent Positions on "Disparagement" Under Advertising Injury Coverage

by Barger & Wolen on 11/7/2012

Within the last four months, two divisions of the California Court of Appeal’s Second Appellate District have taken different positions on the requirements for “disparage,” as that term is used in commercial liability...more

Reducing Cyber Risk

by Peter Bauman - Senior Associate at Tharpe &... on 10/19/2012

The European perspective on managing cyber risk is valuable for US companies operating internationally and also as risk management guidance when operating in the US. Recently, an arm of the UK Government Communication...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

The Role of Commercial General Liability and Cyber Risk Insurance Policies in Mitigating Against the Risk of Data Privacy Breaches

by Carlton Fields on 9/24/2012

Originally published in Privacy & Security Law Report, 11 PVLR 1430, 09/24/2012. Companies, organizations, and individuals throughout the world reap significant benefits of having access to the internet. Since the 1990s,...more

Weekly Law Resume - August 30, 2012: Insurance Coverage – Trade Libel v Disparagement

by Low, Ball & Lynch on 9/4/2012

Travelers Property Casualty Company of America v. Charlotte Russe Holding, Inc., et al. Court of Appeal, Second District (July 13, 2012) Personal injury coverage under most CGL policies provides coverage for claims...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

IP Buzz - August 2012

by Venable LLP on 8/28/2012

In this issue: - USPTO Issues Rules Implementing America Invents Act - The $60 Million iPad Trademark Lesson Applies to All Brands - Patent Insurance – It's Not Just for Defendants Anymore - Lights!...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

Commercial Insurance Policies Could Provide Protection for Businesses Facing Suits Under the Telephone Consumer Protection Act

by Gilbert LLP on 8/6/2012

In one of the latest decisions to address the continuing debate over whether there is coverage under commercial general liability (CGL) insurance policies for so-called “blast fax” and “blast texting” lawsuits brought under...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

'Looney' Copyright Claim Covered: Fifth Circuit Holds Breach of Contract Exclusion Doesn't Bar Liability Insurance Coverage

by Sedgwick LLP on 5/16/2012

When Looney Ricks Kiss Architects, Inc. (Looney) created an architectural design known as the Island Park Apartments in 1996, it probably wasn't thinking of insurance coverage law. But, it appears likely that Looney's...more

IP Liability Insurance: Do You Have the Protection You Think You Have?

by Downs Rachlin Martin PLLC on 5/9/2012

Given the risks and costs of intellectual property (IP) infringement claims (even when your company isn’t found liable), most companies ideally want coverage of perceived infringement of the products they sell or the services...more

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Insurance › Communications & Media Law › Commercial Law & Contracts

Indemnity Prohibition

Cyber Risks: Creating A Comprehensive Cyber Insurance Program

Protect Your Business With Cyber Liability Coverage

South Carolina Court Holds No Coverage for Blast Fax Case Under E&O Policy

Speaking Of . . . Insurance Coverage - Is There Coverage For Alleged “Disparagement” Of Another Company’s Product? One California...

Case Highlights Need for Waiver of Subrogation Between Additional Insureds

Duty Of An Insurer To Defend An Additional Insured

Product Liability Advisory - December 2012: Product Manufacturers and the Importance of Understanding Personal and Advertising...

Case Highlights Need for Waiver of Subrogation Between Additional Insureds

Guidance on Proving Lost Profit Damages Offered By California Supreme Court

Levick Weekly: Social Media in the Boardroom - Critical Questions Directors Need to Ask

California Court of Appeal Holds No “Advertising Injury” Coverage for Product That Is Neither Mentioned Nor Disparaged in...

Courts Take Divergent Positions on "Disparagement" Under Advertising Injury Coverage

Reducing Cyber Risk

Contract Litigation Insurance A Valuable Tool For Business

The Role of Commercial General Liability and Cyber Risk Insurance Policies in Mitigating Against the Risk of Data Privacy Breaches

Weekly Law Resume - August 30, 2012: Insurance Coverage – Trade Libel v Disparagement

Digital Risk Management Strategies For Business

IP Buzz - August 2012

Contract Litigation Insurance A Valuable Tool For Business

Contract Litigation Insurance A Valuable Tool For Business

Commercial Insurance Policies Could Provide Protection for Businesses Facing Suits Under the Telephone Consumer Protection Act

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

'Looney' Copyright Claim Covered: Fifth Circuit Holds Breach of Contract Exclusion Doesn't Bar Liability Insurance Coverage

IP Liability Insurance: Do You Have the Protection You Think You Have?

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