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Great American Insurance Co. v. Hamel: The Texas Supreme Court Clarifies the Circumstances under which a Judgment Entered against a Defendant-Insured May Be Enforced by a Plaintiff-Assignee in a Subsequent Coverage Action

In Great American Insurance Co. v. Hamel, 2017 WL 2623067 (Tex. June 16, 2017), the Texas Supreme Court more precisely defined the circumstances under which an insurance company that wrongfully fails to defend an insured may be…more
 /  Civil Procedure, Insurance

Bristol-Myers v. Sup. Ct.: Supreme Court Restricts Specific Jurisdiction and Limits Forum Shopping

In Bristol-Myers Squibb Co. v. Sup. Ct. of Calif., 2017 WL 2621322 (2017), the U.S. Supreme Court continued its push against forum shopping by holding that California state courts do not have specific personal jurisdiction over…more
 /  Civil Procedure, Commercial Law & Contracts

The Stone Energy Bankruptcy: Lessons for the JOA

In 2011, Stone Energy Corporation and Triad Hunter, LLC entered into a development agreement for the exploration of about 4,200 acres in West Virginia under a 1989 form JOA. Each party owned 50% and Stone was designated as…more
 /  Bankruptcy, Civil Procedure, Energy & Utilities

Proposed Regulations Re-Released for Centralized Partnership Audit Rules

New partnership audit rules enacted into law on November 2, 2015 (the “Centralized Partnership Audit Rules”) (previously discussed in our QuickStudy: Bipartisan Budget Act of 2015 Changes Audit Rules for Private Equity and Hedge…more
 /  Commercial Law & Contracts, Taxation

Sandoz Inc. V. Amgen Inc. Clears The Way For Potential Earlier Launch Of Biosimilars

In Sandoz Inc. v. Amgen Inc., No. 15-1039 (U.S. June 12, 2017) the Supreme Court held (i) that biosimilar applicants may provide the requisite 180-days’ notice of commercial marketing to the reference product sponsor even before…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Microsoft V. Baker: Supreme Court Prohibits Plaintiffs From Manufacturing Appellate Jurisdiction Over Class-Certification Denial Through Voluntary Dismissal

In Microsoft Corp. v. Baker, 2017 WL 2507341, the U.S. Supreme Court unanimously held that federal circuit courts lack jurisdiction over appeals from class-certification denials (or any other interlocutory decision) taken after…more
 /  Civil Procedure, Science, Computers, & Technology

Henson v. Santander: Resolving Circuit Split, Supreme Court Holds Debt Buyer Not a Debt Collector under FDCPA

The U.S. Supreme Court in Henson v. Santander Consumer USA, Inc., 2017 WL 2507342, ruled that purchasing and then collecting a defaulted debt does not, standing alone, make an entity a “debt collector” as defined by the Fair…more
 /  Commercial Law & Contracts, Finance & Banking, Consumer Protection

Church Plans Rejoice: The Supreme Court has Spoken

Over 30 lawsuits have been filed over the past several years alleging that defined benefit plans maintained by religiously-affiliated hospital systems are not entitled to church plan status under the Employee Retirement Income…more
 /  Civil Procedure, Labor & Employment Law

Supreme Court of Texas Provides Guidance for Resolving Disputes Over the Production Format of Electronically Stored Information (ESI)

In its May 26, 2017, opinion in the case of In Re State Farm Lloyds, Case Nos. 15-0903 and 15-0905, the Supreme Court of Texas provided litigants and courts guidance for addressing and resolving disputes over the format for…more
 /  Civil Procedure, Electronic Discovery

What Does Your Reservation Clause Mean?

Webb et al. v. Martinez (Tex. App. San Antonio) - On December 14, 2016, San Antonio’s Fourth Court of Appeals affirmed the trial court’s take-nothing summary judgment regarding a property dispute in favor of Martinez. Webb had…more
 /  Energy & Utilities, Real Estate - Commercial

New York’s Cybersecurity Requirements for DFS Licensees: A New Item at the Top of the To-Do List

With the compliance date only a few months away, licensees of the New York Department of Financial Services (DFS) must start taking action immediately to comply with the coming cybersecurity requirements, which will be more…more
 /  Finance & Banking, Privacy, Insurance, Science, Computers, & Technology

Fifth Circuit Rejects Arguments to Expand Scope of Liability under the Equal Credit Opportunity Act

The U.S. Court of Appeals for the Fifth Circuit rejected arguments that would have expanded the scope of liability under the Equal Credit Opportunity Act for lenders, or other participants, in the secondary mortgage market. The…more
 /  Civil Procedure, Finance & Banking, Consumer Protection, Real Estate - Residential

OSHA Delays New Electronic Record-Keeping Rule, But Anti-Retaliation Obligations Remain

On May 17, 2017, the Occupational Safety and Health Administration (“OSHA”) announced on its website that it will delay the July 1 deadline requiring certain employers to electronically submit their OSHA injury and illness logs…more
 /  Labor & Employment Law

Locke Lord Article: A Death in the Family and a Proper Burial

The Merriam-Webster Dictionary defines legacy as something that is received from someone who has died. In the insurance industry, the analogy would be inherited run-off of business that has died, but not yet buried. The…more
 /  Commercial Law & Contracts, Insurance

The Effective Date of the New Issue Price Regulations is Near

On December 9, 2016, the United States Treasury Department published regulations (the “Issue Price Regulations”) setting forth new rules for the determination of the issue price of a tax-exempt bond issue. The Issue Price…more
 /  Finance & Banking
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