Zelle Hofmann Voelbel & Mason LLP

Originally published in Insurance Law360 on May 24, 2012. Many liability insurance policies — including directors and officers (D&O), errors and omissions (E&O) and professional liability policies — contain exclusions that…more

Originally published in Competition Law360 on May 15, 2012. Last year, in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), the U.S. Supreme Court held that the so-called “collective arbitration waivers” (also called…more

As you read this sentence, someone is accepting — without thought — online terms and conditions to purchase the latest version of Angry Birds. Online terms and conditions are not limited to $1.99 application purchases, however,…more

Originally Published in Insurance Law360 on 3-16-2012 Disputes among insurers regarding claims for contribution are not new, but appear to be on the increase. Whether it involves disagreements among primary liability…more

Originally Published in Competition Law360 Last month, the California Supreme Court granted a petition for review to consider the legality of “pay-for-delay” agreements. Under these agreements, also referred to as “reverse…more

Orginally Published in Law360 on February 23, 2012. Litigation discovery has evolved. Once, discovery meant calling up your client and asking her to look through her files to locate relevant information, resulting in a…more

Originally published in Competition Law360 January 19, 2012. Since the enactment of the Class Action Fairness Act (“CAFA”), 28 U.S.C. §1332(d), federal district courts handling indirect purchaser price fixing and market…more

The doctrine of contra proferentem—literally translated to mean “against the party who proffers”—is a rule of construction that insureds seek to apply in many, if not most, disputes over the interpretation of an insurance…more

The appraisal process can be a highly effective and efficient tool for both insurers and insureds in resolving disputes regarding the amount of loss or damage. While there is typically only modest variation among appraisal…more

Originally Published in Competition Law360 - December 13, 2011. For as long as there have been industry-specific regulatory regimes (securities regulations or the old Interstate Commerce Commission, for example), the…more

Originally published in Insurance Law360 - December 5, 2011. These days, no one is surprised to see a bad faith expert listed on expert designations in insurance coverage litigation involving allegations of bad faith…more

Published in Competition Law360 - November 2011. Within the past two months, the Seventh and Eleventh Circuits have addressed whether antitrust claims against an insured gave rise to a duty to defend by insurers under…more

Originally published in Insurance Law360 - November 8, 2011. Federal and state courts in Virginia, Florida, and Louisiana have now published at least twenty-one rulings on insurance coverage actions related to Chinese…more

Article originally Published in Competition Law360 on October 14, 2011. Congress enacted the Foreign Trade Antitrust Improvements Act of 1982, 15 U.S.C. § 6a (“FTAIA”), in 1982 with the stated goal of clarifying the extent…more

Article originally published in Insurance Law360 on October 12, 2011. Force-placed insurance policies — also referred to as “lender-placed” or “force place” policies — have been the subject of debate centered on the…more