Gilbert LLP

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Latest Publications

Adrian Azer

For Small Business Owners, Cybersecurity Is Not a Question of "If" But 'When..."

While much of the discussion around cybersecurity tends to focus on critical information sectors, national security, and the concerns of global corporations, data breaches can be just as devastating for small and medium-sized…more

Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach, Data Protection

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Natalie Baughman

“Food Fraud Database”: a New Tool to Protect Against Tainted Ingredients

Last week, the U.S. Pharmacopeial Convention (“USP”), a scientific nonprofit that sets standards for food ingredients, medicines and dietary supplements enforceable by the Food and Drug Administration, released an updated “Food…more

Food Contamination, Food Fraud Database, Food Manufacturers, Food Safety, Liability Insurance

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Barry I. Buchman

Social Media in Litigation

The first quarter of 2013 was among the busiest yet for developments in the use of social media in litigation. First, courts have continued to weigh in on the extent to which a party can obtain discovery of an opposing…more

Discovery, Evidence, Facebook, Gatto v United Air Lines, Record Preservation

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Aisha Cassis

Spilled Milk: District Court Judge Sides with Policyholder in Recall Damages Dispute

On January 8, 2013, a Minnesota federal district court granted summary judgment in favor of a policyholder who sought coverage from its commercial general liability insurer for contract damages stemming from the recall of…more

Damages, FDA, Instant Milk, Liability Insurance, Malt-O-Meal

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Jonathan M. Cohen

The Evolving Law of Personal Jurisdiction May Affect International Supply Chain Risk

In the last two months, the United States Supreme Court granted review in two cases involving the limits of federal court jurisdiction over foreign companies: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22,…more

Due Process, Extraterritoriality Rules, Foreign Corporations, Minimum Contacts, Personal Jurisdiction

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Emily Grim

Rise in Food Contamination Calls for Proactive Risk Management in 2013

Despite improvements in food safety over the last two decades, 2012 saw no shortage of recalls due to food contamination. For example, one Indiana farm recalled all cantaloupes from its 2012 growing season after the fruit was…more

Food Contamination, Food Manufacturers, Food Safety, Product Recalls, Risk Assessment

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Meredith Hiller

Substance Over Form: Insurance Notice Requirements Are Met When An Insurer Has Notice From Any Source

Insurers frequently attempt to avoid their coverage obligations by contending that their insureds provided late notice of claims or occurrences…more

Insurers, Late Notices, Notice Requirements

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Jenna Hudson

Risk-Management Mechanisms Associated With Gluten Allergies

Approximately 1% of the United States population is allergic to gluten, a protein found in wheat, barley, and rye. For these individuals, gluten consumption may result in vomiting, bloating, anemia, osteoporosis, diabetes, and…more

Additional Insured, Advertising, D&O Policies, E&O Policies, Food Allergies

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Katrina Johnson

The Evolving Law of Personal Jurisdiction May Affect International Supply Chain Risk

In the last two months, the United States Supreme Court granted review in two cases involving the limits of federal court jurisdiction over foreign companies: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22,…more

Due Process, Extraterritoriality Rules, Foreign Corporations, Minimum Contacts, Personal Jurisdiction

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Rachel Kronowitz

A Recent Development in “Wage and Hour” Insurance

In our August 1, 2012 blog entry titled “Insurance Coverage for Wage and Hour Litigation Claims,” we discussed the recent surge in wage and hour litigation and the potential for insurance coverage related to wage and hour…more

Directors, Employment Practices Liability Coverage, FLSA, Officers, Wage and Hour

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Mickey Martinez

The “Non-Cumulation” Clause: Another Attempt by Insurers to Escape Coverage Obligations

Imagine the following scenario: your company faces thousands of lawsuits because, years ago, it produced a product that people now say is dangerous. As the claims quickly burn through your primary liability coverage, you turn…more

Contract Drafting, Excess Policies, Insurers, Liability Insurance, Non-Cumulation Clause

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Mark Packman

The “Non-Cumulation” Clause: Another Attempt by Insurers to Escape Coverage Obligations

Imagine the following scenario: your company faces thousands of lawsuits because, years ago, it produced a product that people now say is dangerous. As the claims quickly burn through your primary liability coverage, you turn…more

Contract Drafting, Excess Policies, Insurers, Liability Insurance, Non-Cumulation Clause

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Michelle Price

Social Media in Litigation

The first quarter of 2013 was among the busiest yet for developments in the use of social media in litigation. First, courts have continued to weigh in on the extent to which a party can obtain discovery of an opposing…more

Discovery, Evidence, Facebook, Gatto v United Air Lines, Record Preservation

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Kami Quinn

Recent Decisions Regarding Duty to Warn Could Have Impact on Insurance Coverage

When we hear news of developments in the world of torts that could expand areas of potential liability, we naturally think about whether insurance is likely to respond to that liability. One area that has us thinking these days…more

Duty to Warn, Insurers, Manufacturers

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Jason Rubinstein

A Recent Development in “Wage and Hour” Insurance

In our August 1, 2012 blog entry titled “Insurance Coverage for Wage and Hour Litigation Claims,” we discussed the recent surge in wage and hour litigation and the potential for insurance coverage related to wage and hour…more

Directors, Employment Practices Liability Coverage, FLSA, Officers, Wage and Hour

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João Santa-Rita

Recent Decisions Regarding Duty to Warn Could Have Impact on Insurance Coverage

When we hear news of developments in the world of torts that could expand areas of potential liability, we naturally think about whether insurance is likely to respond to that liability. One area that has us thinking these days…more

Duty to Warn, Insurers, Manufacturers

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Richard Shore

Substance Over Form: Insurance Notice Requirements Are Met When An Insurer Has Notice From Any Source

Insurers frequently attempt to avoid their coverage obligations by contending that their insureds provided late notice of claims or occurrences…more

Insurers, Late Notices, Notice Requirements

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Miriam Smolen

For Small Business Owners, Cybersecurity Is Not a Question of "If" But 'When..."

While much of the discussion around cybersecurity tends to focus on critical information sectors, national security, and the concerns of global corporations, data breaches can be just as devastating for small and medium-sized…more

Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach, Data Protection

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Ivan Snyder

Recent Decisions Regarding Duty to Warn Could Have Impact on Insurance Coverage

When we hear news of developments in the world of torts that could expand areas of potential liability, we naturally think about whether insurance is likely to respond to that liability. One area that has us thinking these days…more

Duty to Warn, Insurers, Manufacturers

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Krishan Thakker

Gilbert LLP Convinces Sixth Circuit to Rule in Favor of Asbestos-Containing product Manufacturer-Policyholders

Comprehensive general liability policies limit the amount the insurer has to pay for each “occurrence”, which is typically defined as an “accident” or “exposure to [injurious] conditions”. Insurers and policyholders frequently…more

Asbestos, Liability Insurance, Manufacturers, Number of Occurences

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Tyechia White

How to Avoid Turning a Settlement with Your Primary Insurer Into a “Get Out of Jail Free” Card for Your Excess Insurer – The Qualcomm Dilemma

Imagine for a moment that you have two customers, Diane and George. Diane and George each owe you money for products they have purchased. Each of them raises some concerns about the bill. Being a wise business owner, you assess…more

Excess Policies, Insurers, Qualcomm v Certain Underwriters at Lloyd's, Settlement

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