Since 2003, all but four states have enacted laws concerning data breaches and the protection of consumers’ personal information. This regulation of electronic data containing personal information and the protection of such…more
I. Introduction -
There has been much debate concerning the scope of the Supreme Court’s recent decision in AT&T Mobility LLC v. Concepcion, and the enforcement of collective arbitration waivers — also called “class…more
As both insurers and reinsurers are well aware by now, the destructive path left by Hurricane Sandy in many Northeast states such as New York, Connecticut, and New Jersey was devastating. To date, reports have estimated property…more
A recent decision by the California Court of Appeal confirms the willingness of courts in California to enforce exclusions for water damage in property policies, thus precluding coverage for the policyholders’ alleged…more
Originally published in Competition Law360 on March 7, 2013.
Current and former student-athletes are one step closer to forcing the National Collegiate Athletic Association and its member institutions to share their…more
Originally published in Insurance Law360 on March 5, 2013.
As victims of Superstorm Sandy and their insurers continue to comb through their losses and their insurance policies, it is likely that the underwriting process…more
Originally published in Insurance Law360 on February 21, 2013.
Geomagnetic storms present a unique risk to power grids, power grid customers and insurers. The modern world, and particularly the East Coast of the U.S., is…more
Originally published in Competition Law360 on January 25, 2013.
Consumers seeking to recover for economic harm caused by anti-competitive conduct often run headlong into the so-called Illinois Brick wall: Antitrust damages…more
Originally published in Insurance Law360 on January 23, 2013.
As Superstorm Sandy moved northward from the Caribbean off the coast of the southeastern United States on a predicted path to the mid-Atlantic, states and…more
Originally published in Insurance Law360 on January 15, 2013.
In the aftermath of Hurricane (or post-tropical cyclone) Sandy, insurers and insureds alike will face a number of complicated insurance coverage issues, to which…more
Originally published in Insurance Law360 on January 8, 2013.
While 2012 will no doubt be remembered as the year of Hurricane Sandy, it is likely that 2013 will be a year notable for the proliferation of Sandy-related…more
Originally published in Competition Law360 on November 6, 2012.
Allowing class members the opportunity to present objections to settlements provides an important safeguard against flawed settlements and ensures that trial…more
Originally published in Insurance Law360 on November 2, 2012.
The California Supreme Court recently issued an important decision concerning the forum for litigation of construction defect claims. However, as a practical…more
Disputes arising in the context of property insurance appraisals continue to be litigated across the country. Nowhere is that more true than in Texas and Florida, where state and federal courts continue to wrestle with the…more
Originally published Dallas Bar Association's Headnotes on October 24, 2012.
Local courts have recently seen a dramatic increase in the filing of hail damage actions. Many of these actions are not conventional lawsuits, but…more
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