Gilbert LLP

1100 New York Avenue, NW Suite 700
Washington, D.C. 20005, United States

Contact: Ellen Katkin

  • 202.772.1960
  • 202.772.3333

Cyber breach insurance: What, me worry? - Part of counsel’s job may be to ensure that the department in the company that “owns” the cyber liability portfolio is aware of all the departments where an event could trigger that coverage.

One of us recently asked an in-house counsel friend in charge of litigation for a major company what questions he had about cyber insurance. His response, besides a blank look, was “I’m sure someone else in the company worries…more

Corporate Counsel, Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach

See All Updates »

Washington Nationals Suit Highlights Value of Commercial Crime Insurance

A recent lawsuit by the Washington Nationals (the “Nationals”) against its insurance carrier related to the team’s hiring of a player based on false information about his age and identity highlights the importance to sports…more

Commercial General Liability Policies, Fraud, Misrepresentation, Theft

See All Updates »

There is No Need To Be Alarmed By Alarmist Readings of New York’s Most Recent Ruling On Waiver of Notice Defenses

The New York Court of Appeals recently reversed and remanded a lower court’s ruling that insurers had waived their late notice defense by not raising the defense until years after they first received notice of a pollution…more

Discharge of Pollutants, Remediation, Waivers

See All Updates »

Disruption Protectors: Companies Can Take Three Steps to Minimize the Costs of a Supply Chain Interruption

Supply chains have grown increasingly complex. Each link in the chain presents the potential for a problem, and any disruption may cause costly consequences throughout the supply chain. Adopting a proactive solution now might…more

Business Disruption, Manufacturers, Risk Assessment, Risk Management, Supply Chain

See All Updates »

Disruption Protectors: Companies Can Take Three Steps to Minimize the Costs of a Supply Chain Interruption

Supply chains have grown increasingly complex. Each link in the chain presents the potential for a problem, and any disruption may cause costly consequences throughout the supply chain. Adopting a proactive solution now might…more

Business Disruption, Manufacturers, Risk Assessment, Risk Management, Supply Chain

See All Updates »

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

See All Updates »

Redbox Covers the Nation with Red Box DVD Rental Units, But its CGL Policy Doesn’t Cover Redbox

Companies facing liability for possible violations of privacy protection statutes are continuing to look to their traditional commercial general liability policies (“CGL”) for coverage. But, as Redbox recently discovered,…more

Advertising Injury, Commercial General Liability Policies, Redbox, Video Privacy Protection Act

See All Updates »

$2.9 Million Jury Award For Texas Fracking Claim: Lessons for Energy Company Risk Managers

A jury in Dallas recently awarded $2.9 million to a Texas family in one of the first trials involving allegations that hydraulic fracturing caused nearby residents to suffer health problems and property damage. Although…more

Aruba Petroleum, Barnett Shale, Bodily Injury, Energy, Fracking

See All Updates »

Seeking (and Finding) Coverage for Proposition 65 Claims

Navigating California’s Safe Drinking Water and Toxic Enforcement Act of 1986—better known as Proposition 65—is becoming an increasingly difficult endeavor for California-based companies and companies that do business in…more

Commercial General Liability Policies, Commercial Insurance Policies, D&O Insurance, Proposition 65

See All Updates »

There is No Need To Be Alarmed By Alarmist Readings of New York’s Most Recent Ruling On Waiver of Notice Defenses

The New York Court of Appeals recently reversed and remanded a lower court’s ruling that insurers had waived their late notice defense by not raising the defense until years after they first received notice of a pollution…more

Discharge of Pollutants, Remediation, Waivers

See All Updates »

Child Custody Transfers – When Does the Statutory Parental Presumption Apply?

Although this blog is usually devoted to new and interesting developments in the insurance coverage world, Gilbert LLP prides itself on its avid participation in providing pro bono legal services, including the area of family…more

Child Custody, Custody Modification

See All Updates »

Delaware Decision Makes It Increasingly Difficult for Insurers to Evade Coverage for Dissolved Corporations

Can an injured plaintiff obtain compensation from a dissolved company with unexhausted insurance policies and force the insurer to pay? The Delaware Supreme Court says yes—in certain circumstances. Originally published in…more

Asbestos, Asbestos Litigation, Corporate Dissolution, Dissolution, Long-Tail Claims

See All Updates »

The False Conception That FCA Claims Are Not Covered

In 2013, the United States Department of Justice recovered $3.8 billion under the False Claims Act (“FCA”), bringing the total amount secured by the Justice Department since 2009 to $17 billion. Whistleblowers recovered another…more

D&O Insurance, DOJ, E&O Insurance, FCA, Hospitals

See All Updates »

The Duty To Defend Broader Than The Duty To Indemnify? Your Insurer Doesn’t Think So, And Surprisingly, Some Courts Agree

Insurance law practitioners learn on day one that the duty to defend is broader than the duty to indemnify, encompassing even uncovered claims if at least one claim against the insured is potentially covered. See Bridge Metal…more

Clawbacks, Commercial General Liability Policies, Duty to Defend, Indemnification, Insurers

See All Updates »

Recent Ruling Highlights Inconsistent Conclusions Regarding Number of Occurrences by Courts Applying the “Cause” Test

It’s a disturbingly common situation. A youth gets access to the family gun and, accidentally or otherwise, kills or injures one or more people. The victims (or their survivors) sue the family of the shooter, arguing that…more

Assault with a Deadly Weapon, Bodily Injury, Illegal Gun Possession, Number of Occurences, Occurrence

See All Updates »

Recent Ruling Highlights Inconsistent Conclusions Regarding Number of Occurrences by Courts Applying the “Cause” Test

It’s a disturbingly common situation. A youth gets access to the family gun and, accidentally or otherwise, kills or injures one or more people. The victims (or their survivors) sue the family of the shooter, arguing that…more

Assault with a Deadly Weapon, Bodily Injury, Illegal Gun Possession, Number of Occurences, Occurrence

See All Updates »

Delaware Decision Makes It Increasingly Difficult for Insurers to Evade Coverage for Dissolved Corporations

Can an injured plaintiff obtain compensation from a dissolved company with unexhausted insurance policies and force the insurer to pay? The Delaware Supreme Court says yes—in certain circumstances. Originally published in…more

Asbestos, Asbestos Litigation, Corporate Dissolution, Dissolution, Long-Tail Claims

See All Updates »

By “Any Manner” Of Means: Securing Cyber-Crime Coverage After Zurich v. Sony

Much has been written about the New York Supreme Court’s landmark ruling in Zurich American Insurance Co. v. Sony Corp., Index. No. 651982/2011 (N.Y. Supr. Ct. Feb. 21, 2014), in which a New York trial court denied coverage to…more

Commercial General Liability Policies, Cyber Attacks, Data Breach, Play Station, Popular

See All Updates »

Wage & Hour Claims: A Look Back on The First Half of 2014

As the mid-point of 2014 fades into the rearview mirror, it is clear that wage and hour claims continue to be a hotbed of litigation impacting large and small companies across industries. In turn the protection those companies…more

Farm Workers, Farms, Hospitality Industry, Hotels, Wage and Hour

See All Updates »

Lawsuits Are On The Rise. Are You Covered?

On September 25, 2014, the Equal Employment Opportunity Commission (“EEOC”) filed the first two suits in its history challenging transgender discrimination under the 1964 Civil Rights Act. As discrimination litigation evolves,…more

Commercial General Liability Policies, Discrimination, EEOC, Employer Liability Issues, Enforcement

See All Updates »

Can Insurance Coverage Provide Meaningful Protection from Patent Trolls and Other Infringement Claims?

Notwithstanding two recent Supreme Court decisions making it easier to recover attorney’s fees from non-practicing entities (NPEs), or “patent trolls” as they are commonly known, insurers continue to market policies that provide…more

Attorney's Fees, Patent Infringement, Patent Litigation, Patent Trolls, Patents

See All Updates »

By “Any Manner” Of Means: Securing Cyber-Crime Coverage After Zurich v. Sony

Much has been written about the New York Supreme Court’s landmark ruling in Zurich American Insurance Co. v. Sony Corp., Index. No. 651982/2011 (N.Y. Supr. Ct. Feb. 21, 2014), in which a New York trial court denied coverage to…more

Commercial General Liability Policies, Cyber Attacks, Data Breach, Play Station, Popular

See All Updates »

Can Insurance Coverage Provide Meaningful Protection from Patent Trolls and Other Infringement Claims?

Notwithstanding two recent Supreme Court decisions making it easier to recover attorney’s fees from non-practicing entities (NPEs), or “patent trolls” as they are commonly known, insurers continue to market policies that provide…more

Attorney's Fees, Patent Infringement, Patent Litigation, Patent Trolls, Patents

See All Updates »

Show Your Work!—The Ninth Circuit Affirms That Courts Must Explain the Math Behind the Calculation of Attorneys’ Fees

It’s an often-repeated adage of high school math teachers: show your work. In three decisions in 2013, the Ninth Circuit has demonstrated that Courts must follow this principle in calculating awards of attorneys’ fees…more

Attorney's Fees, Billable Hours, Fee Awards, Litigation Fees & Costs, Litigation Insurance

See All Updates »

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

See All Updates »

How Insurance Works with Labeling and Duty-to-Warn Lawsuits

Food processors can use existing and new insurance policies in cases involving alleged violations of Prop 65 - Labeling and duty-to-warn cases continue to emerge as a key area of risk for food and beverage companies. In…more

Commercial General Liability Policies, Duty to Warn, Food Labeling

See All Updates »

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Debtor/Creditor
  • Insurance
  • Litigation
  • Products Liability
  • Toxic Torts
Locations
Other U.S. Locations
  • D.C.
Number of Attorneys

25-50 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.