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Insurers or their vendors generally use software to perform valuations of vehicles for total losses on auto insurance claims. This software will typically use databases of recent sales or prices offered for comparable...more
Two recent decisions emphasize yet again the value of defining and taking steps to protect a company’s trade secrets.
On May 16, 2013, Judge England issued a preliminary injunction in Farmers Insurance Exchange v....more
On April 15, 2013, the United States Supreme Court denied a petition for certiorari brought by GlaxoSmithKline (“Glaxo”) seeking review of a Third Circuit decision in favor of Humana Medical Plan (“Humana”), as a Medicare...more
Following the ever-growing progeny of cases holding that Medicare conditions of participation do not give rise to False Claims Act (FCA) liability, the United States Court of Appeals for the Sixth Circuit overturned an $11...more
In its recent decision in Coral Reef Prods. v. AXIS Surplus Ins. Co., 2012 Mich. App. LEXIS 1149 (Mich. App. June 19, 2012), the Michigan Court of Appeals had occasion to consider whether a claim for computer hacking fell...more
When you enter into a contract with a vendor, you generally impose insurance requirements on the vendor and an indemnification obligation. But consider whether your current contracts have insurance requirements that would...more
Originally Published in Insurance Law360.
In the first seven months of 2011, a number of companies and institutions have reported large-scale data breaches. The causes of the breaches range from misplacement of data by...more
1. You May Get What You Drafted.
Broad indemnification provisions, once played out, can sometimes result in surprising applications. For example, in Mass Transit Administration v. CSX Transportation, Inc., 708 A.2d 298...more
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