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
The Eighth Circuit recently confirmed that the all-too-common conceptions that breaches of contract and damages that result in recall are never covered by general liability insurance are, in fact, misconceptions.
A chance to win one billion dollars. Quicken Loans and Berkshire Hathaway recently announced that they are teaming up to award one billion dollars to be shared by persons who correctly predict the winners of every game in this…more
The moment that you realize an intruder has broken in to your network, your first response might be: PANIC! But your response should be to call your first responders — a response team that has been preselected by you before a…more
If your business finds itself engaged in litigation, chances are that the dispute will be resolved in a conference room rather than a courtroom. Most lawsuits settle before judgment, and increasingly litigants are turning to…more
The conventional wisdom: Negotiation is serious business, you have to keep your eye on the ball, it’s war carried out by other means.
Originally published in Forbes on 01.31.14…more
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
Every in-house counsel dreads the telephone call on a Friday evening that starts with the words “I’m glad I found you.” That’s especially true if that telephone call informs the in-house counsel about the newly terminated IT…more
Given a dramatic increase in both the number of wage and hour lawsuits and the average cost to employers to resolve one — $4.5 million — a little prevention could be worth at least a pound of cure in this area, Kami Quinn and…more
Jurist and law professor Richard Posner recently commented on a common problem among lawyers, namely, that they believe they have a “math block.” Jackson v. Pollion, 733 F.3d 786, 788 (7th Cir. 2013). More recently, Judge and…more
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
The parties to a mass tort insurance coverage dispute have never been the only ones with a significant interest in its outcome. Direct insurers have relied on reinsurers to spread their own risk. In the past, in cases where a…more
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
In a highly anticipated ruling earlier this month, the Texas Supreme Court rejected Amerisure Insurance Company’s attempt to radically expand the scope of a common exclusion for liability assumed by contract found in many…more
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
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