Sedgwick LLP

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333 Bush Street 30th Floor
San Francisco, CA 94104-2834, United States
Phone: 816.423.2117
Fax: 877.547.2780
Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Class Action
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Privacy
  • Products Liability
  • Professional Malpractice
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  • Toxic Torts
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Other U.S. Locations
  • California
  • D.C.
  • Florida
  • Illinois
  • Missouri
  • New Jersey
  • New York
  • Texas
  • Washington
Other Countries
  • Bermuda
  • United Kingdom
Number of Attorneys
100+ Attorneys

Other States Start to Follow New York Lead on Cybersecurity of Regulated Entities

Last fall, in response to the “ever-growing threat” posed to information and financial systems, the New York State Department of Financial Services (“DFS”) proposed cybersecurity regulations that were designed to “promote the…more

CISO, Covered Entities, Cybersecurity, Data Protection, Financial Institutions

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In One Fell Swoop, Supreme Court Upends Quarter Century of Practice and Limits Proper Venue in Patent Disputes, Much to the Dismay of Patent Trolls

On May 22, the U.S. Supreme Court determined that a domestic corporation “resides” only in its State of incorporation for purposes of the patent venue statute, 28 U.S.C. § 1400(b). While seemingly an esoteric discussion of civil…more

Forum Shopping, Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction

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Rallying Cry: Health Care Cybersecurity a Key Public Health Concern

On June 2, 2017, the Health Care Industry Cybersecurity Task Force published its Report on Improving Cybersecurity in the Health Care Industry. The lengthy and comprehensive Report serves as a wake-up call to the medical field,…more

Cyber Attacks, Cybersecurity, Data Security, Health Care Providers, HHS

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UK Conservative Party Pledges to Abolish Serious Fraud Office if Re-elected on 8 June 2017

In my C-Suite Risk Report posting in March, I discussed the UK’s Serious Fraud Office’s (SFO) investigation into Rolls-Royce (RR) and the UK Court’s approval of a Deferred Prosecution Agreement (DPA). As a result of that DPA, RR…more

Bribery, Deferred Prosecution Agreements, Serious Fraud Office, UK

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Two New Developments in Website Accessibility Cases: Nation’s First Website Accessibility Trial Verdict Is Far From a Winn for Retailers, and Hobby Lobby Is Dealt a Blow in California Decision

As numerous retailers know firsthand, website accessibility has become a hotbed for litigation in recent years. Despite plaintiffs filing scores of website accessibility claims against retailers each year, very few of these…more

ADA, DOJ, Public Accommodation, Title III, Web Content Accessibility Guidelines (WCAG)

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Rallying Cry: Health Care Cybersecurity a Key Public Health Concern

On June 2, 2017, the Health Care Industry Cybersecurity Task Force published its Report on Improving Cybersecurity in the Health Care Industry. The lengthy and comprehensive Report serves as a wake-up call to the medical field,…more

Cyber Attacks, Cybersecurity, Data Security, Health Care Providers, HHS

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A Recent Decision by the Seventh Circuit that an Employer’s Sexual Orientation Discrimination Violates Title VII Bolsters Protection for LGBTQ Workers

On April 4, 2017, the Seventh Circuit, sitting en banc, held that an employer’s sexual orientation discrimination violates Title VII of the Civil Rights Act of 1964. Following in the footsteps of the Second Circuit, the Hively…more

Civil Rights Act, Employer Liability Issues, En Banc Review, Sex Discrimination, Sexual Orientation

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CFPB Issues New Arbitration Rule – Are the Flood Gates Opening for Consumer Class Actions against Financial Institutions?

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) issued a rule, which prohibits many financial institutions from including mandatory arbitration provisions that limit their customers’ ability to join class…more

Arbitration, Arbitration Agreements, CFPB, Class Action, Class Action Arbitration Waivers

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Ninth Circuit Finds No Coverage for TCPA Claim Under D&O Policy Per Privacy Exclusion

On August 23, the Ninth Circuit Court of Appeals affirmed a decision by Judge Molly M. Gee of the United States District Court for the Central District of California holding that the Los Angeles Lakers were not entitled to…more

Corporate Counsel, D&O Insurance, Denial of Insurance Coverage, Insurance Industry, Invasion of Privacy

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State Updates on Cybersecurity Regulations: New York DFS Issues FAQs on Its Cybersecurity Regulations and Colorado Adopts Rules Applicable to Broker-Dealers and Investment Advisors

New York and Colorado have continued to take the lead in cybersecurity requirements for regulated financial institutions. The New York Department of Financial Services (DFS), which issued the first state cybersecurity…more

Broker-Dealer, Covered Entities, Cybersecurity, Financial Institutions, Investment Adviser

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What is the Impact of the Financial Choice Act on Small Business? It Depends On Who You Ask.

The House of Representatives passed legislation this month aimed at erasing several key provisions of the 2010 Dodd-Frank Act. The Financial Choice Act (the Act), if enacted, would bring vast changes to the financial regulatory…more

Banks, Dodd-Frank, FDIC, Financial CHOICE Act, Small Business

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Literal Interpretation – Not Always Black and White?

In Atlasnavios-v-Navigators Insurance, the Court of Appeal (the highest court within the Senior Courts of England and Wales) found that Insurers were entitled to rely on a literal interpretation of a standard war risks exclusion…more

Insurance Litigation, UK, Vessels

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How Were the Court’s Civil Cases Distributed at the Court of Appeals (Part 3)?

Last week, we reviewed the year-by-year distribution of the Court’s civil docket among the Districts and Divisions of the Court of Appeal for the years 1994 through 2005. Today, we review the data for the years 2006 through…more

Appeals, CA Supreme Court, Statistical Analysis

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State Updates on Cybersecurity Regulations: New York DFS Issues FAQs on Its Cybersecurity Regulations and Colorado Adopts Rules Applicable to Broker-Dealers and Investment Advisors

New York and Colorado have continued to take the lead in cybersecurity requirements for regulated financial institutions. The New York Department of Financial Services (DFS), which issued the first state cybersecurity…more

Broker-Dealer, Covered Entities, Cybersecurity, Financial Institutions, Investment Adviser

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The Latest Alleged Wells Fargo Scandal – Imposing Unnecessary Auto Insurance on 800,000 Unsuspecting Customers

On July 30, 2017, Wells Fargo & Co. customers filed a putative class action lawsuit alleging the bank forced them to pay for unnecessary auto insurance, which resulted in some members of the purported class having their vehicles…more

Auto Insurance, Banks, Class Action, Popular, Wells Fargo

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U.K’s Financial Conduct Authority to Examine Investment Platform Service Providers

On July 17, 2017, the Financial Conduct Authority (FCA) announced that it will explore whether investing platforms help investors make good investment decisions, and whether their investment products offer investors value for…more

Financial Conduct Authority (FCA), Investment, Investors, UK

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As Trump Declares “We Are Out” of the Paris Accord, Investors Demand More Climate Change Risk Disclosure from Within

Investors from around the world have spoken. For the first time in history, they have publicly demanded more transparent and complete corporate financial risk disclosures related to climate change. While climate change risk…more

Climate Change, Corporate Counsel, Disclosure, Financial Institutions, Investors

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Media Law Bulletin: Google: Everybody Does It Everywhere — But It’s Still Trademarked

The U.S. Court of Appeals for the Ninth Circuit recently held that the Google brand continues to enjoy trademark protection, notwithstanding that the word “google” has entered (maybe stormed) the popular lexicon to describe the…more

Domain Names, Genericide, Google, Trademark Registration, Trademarks

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Media Law Bulletin: “All I’ve Got Is a Photograph” — Copyright Law’s Preemption of Right of Publicity Claims

The names and likenesses of celebrities, athletes and other public figures can be extremely valuable, as evidenced by the premium prices paid by many companies for celebrity endorsements and celebrity-branded goods. Think…more

Copyright, First Amendment, Intellectual Property Protection, Name and Likeness, Photographs

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Are You Affiliated? The Supreme Court Further Limits Forum Shopping in the Mass Tort Context

Pardon the Jimi Hendrix allusion, but it seemed appropriate given yesterday’s Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court of California, No. 16-466 (June 19, 2017), in which the California Supreme…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Due Process, Forum Shopping, Fourteenth Amendment, General Jurisdiction

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Washington Bad Faith Law At A Glance

In all insurance matters, all persons owe a duty of good faith, to abstain from deception, to practice honesty and equity, and to preserve inviolate the integrity of insurance. RCW 48.01.030; Appendix A. A cause of action…more

Bad Faith, Breach of Duty, Consumer Protection Act, Emotional Distress Damages, Estoppel

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Litigation Funding and Its Implications for US and UK Insurers

Litigation funding is growing rapidly with the emergence of new funds and wealthy individuals willing to back cases in an ever-expanding number of jurisdictions, including in the US and the UK. It is enabling claims to be…more

Contingency Fees, Insurance Industry, International Litigation, Litigation Fees & Costs, Litigation Funding

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Media Law Bulletin

Depending on the source, between one half to two-thirds of adults in the United States take a dietary supplement of some kind every day. A dietary supplement is a product for ingestion that contains a dietary ingredient intended…more

Advertising, Commercial General Liability Policies, Dietary Supplements, False Advertising

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And Now There are Three: Nevada Joins California and Delaware in Privacy Policy Requirements for Website Operators

The latest development with respect to privacy policies involves amendments to existing legislation governing state statutes governing the security of personal information for website operators and online service providers. This…more

Cybersecurity, Data Collection, FTC, Online Privacy Protection Act, Personally Identifiable Information

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CFPB Issues New Arbitration Rule – Are the Flood Gates Opening for Consumer Class Actions against Financial Institutions?

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) issued a rule, which prohibits many financial institutions from including mandatory arbitration provisions that limit their customers’ ability to join class…more

Arbitration, Arbitration Agreements, CFPB, Class Action, Class Action Arbitration Waivers

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Trump Administration Continues to Indicate Tide Change Away from Support of the CFPB

As previously reported on this blog, President Trump’s issuance of an Executive Order and the subsequent introduction of bills seeking to eliminate the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) signaled a…more

CFPB, Constitutional Challenges, Dodd-Frank, PHH Corp. v CFPB, Trump Administration

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Litigation Funding and Its Implications for US and UK Insurers

Litigation funding is growing rapidly with the emergence of new funds and wealthy individuals willing to back cases in an ever-expanding number of jurisdictions, including in the US and the UK. It is enabling claims to be…more

Contingency Fees, Insurance Industry, International Litigation, Litigation Fees & Costs, Litigation Funding

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You Betcha: “It doesn't make it a gotcha just because it got ya.”

On August 29, 2017, U.S. District Court Judge for the Southern District of New York, Jed S. Rakoff, dismissed Sarah Palin’s defamation lawsuit against The New York Times. The case was filed in June 2017. Judge Rakoff stated that…more

Actual Malice, Defamation, False Statements, First Amendment, Judge Rakoff

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Media Law Bulletin: “When I Say Design, You Say Copyright! Supreme Court Ruling in Cheerleader Uniform Case to Provide Extra Protection for Fashion Designers”

Fashion designers around the nation are likely cheering after reading the United States Supreme Court’s recent decision in Varsity Brands, Inc. v. Star Athletica LLC. That case involved whether the two-dimensional designs on…more

Cheerleaders, Copyright, Copyright Infringement, Fashion Design, SCOTUS

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Florida High Court Clarifies When an Insured Is Entitled to Attorneys’ Fees When an Insurer Initially Denies a Sinkhole Claim

In Johnson v. Omega Insurance Co., 200 So. 3d 1207 (Fla. 2016), the Florida Supreme Court held that an insured was entitled to an award of attorneys’ fees under section 627.428, Florida Statutes and the confession of judgment…more

Attorney's Fees, FL Supreme Court, Florida, Insurance Industry, Insurance Litigation

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New Jersey Bill Limiting Identity Card Scanning Signed Into Law

On July 21, 2017, New Jersey Governor Chris Christie signed into law a bill that places new restrictions on retailers’ collection and use of information collected when a customer’s identification (ID) card is scanned. The…more

Data Privacy, Driver's Licenses, Personal Data, Retailers

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Drastic Increase in Number of Bank Lawsuits at London’s High Court

According to a recent report from the Financial Times, big banks were named as defendants in 157 High Court lawsuits in the 12 months preceding September 2016, causing the number of lawsuits the world’s largest banks were forced…more

Banks, Financial Institutions, Libor, UK

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