Introduction - Disputes between insurers and their policyholders relating to insurers’ coverage obligations in biometric privacy-related litigation are on the rise. Over the past year, insurers have commenced a number of...more
On 13 June 2022, the U.S. Supreme Court narrowed the scope of 28 U.S.C. § 1782 (Section 1782), holding that the statute does not permit federal courts to order discovery for use in foreign private commercial arbitrations or...more
In this episode, partners Lindsay Bishop, Carolyn Branthoover, and Jackie Celender, along with associate John Gavin, discuss the recent oral argument heard by the Supreme Court concerning a circuit split over two consolidated...more
The U.S. Supreme Court heard oral argument yesterday in two consolidated cases—ZF Auto. US v. Luxshare, Ltd. and AlixPartners v. The Fund for Prot. of Inv. Rights in Foreign States—on whether 28 U.S.C. § 1782 (Section 1782)...more
As the popularity and pace of international arbitration has continued to grow, parties engaged in such arbitration outside the United States have increasingly relied on 28 U.S.C. § 1782 (Section 1782) to obtain discovery in...more
While the onset of a natural disaster is generally unpredictable, we can proactively prepare with mitigation efforts and emergency response procedures. As we experienced throughout 2020, and through present day, natural...more
Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change.
The H2 Handbook provides a comprehensive...more
The winter storm that ravaged Texas this week has caused considerable damage and suffering, and it is predicted by some that it will to lead to the largest number of insurance claims resulting from a single event. For a state...more
The number of lawsuits commenced by policyholders in the United States seeking insurance coverage for COVID-19 losses is approaching 1,500, and judicial decisions on insurer-filed motions to dismiss these cases now exceed 100...more
n a first-of-its-kind decision in the United States, a North Carolina state court recently granted summary judgment to a group of restaurants’ claims seeking insurance coverage for business interruption losses arising out of...more
With the continuing globalization of litigation and arbitration, counsel engaged in arbitral proceedings outside of the United States are becoming more familiar with a powerful U.S. statute: 28 U.S.C. § 1782 (titled...more
INTRODUCTION - Since March of 2020, more than a thousand lawsuits have been brought in state and federal courts around the country seeking to resolve questions around the availability of insurance coverage for...more
FROM THE EDITORS -
Welcome to the 37th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic...more
Colleges and universities across the country have been hit hard by the coronavirus (“COVID-19”) pandemic. In an effort to stop the spread of the virus, many higher education institutions have moved classes online, closed...more
The World Health Organization has declared the coronavirus (or COVID-19) a global health emergency, and our daily news diet continues to include distressing reports regarding its continuing spread and its devastating effects...more
On April 24, 2019, in the case of Lamps Plus, Inc. v. Varela, the United States Supreme Court issued its latest decision regarding the availability of class arbitration. ...more
5/2/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
SCOTUS
On September 1, 2017, Texas Senate Bill 10 / House Bill 1774, entitled “An Act relating to actions on and liability associated with certain insurance claims” and otherwise known as the “Hailstorm Bill,” (the “Bill”) went into...more
In a decision issued on January 8, 2019, the U.S. Supreme Court (the “Court”) resolved a split of opinion among courts of appeals over whether the “wholly groundless” test has any application to the determination of who, as...more
1/10/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
Imagine that your company is located in the United States and owns a valuable trade secret. Half way across the world, in Europe, two parties are involved in an arbitration. ...more
FROM THE EDITORS:
Welcome to the 36th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration...more
Issues of digital privacy are multi-faceted and extend far beyond the now-routine data breaches that make headlines. The digital collection, use, and storage of biometric information (fingerprints, retinal or iris scans,...more
6/11/2018
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Corporate Liability ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Storage ,
Data Use Policies ,
Denial of Insurance Coverage ,
Employer Liability Issues ,
Insurance Litigation ,
Invasion of Privacy ,
Liability Insurance ,
Liquidated Damages ,
Personally Identifiable Information ,
Policy Exclusions ,
Popular ,
Private Right of Action
In this episode of OnRisk, Carolyn Branthoover and Sarah Turpin talk about the increasing frequency of arbitration clauses in insurance policies, the enforceability of arbitration agreements in both the U.S. and in the UK,...more
3/21/2018
/ American Arbitration Association ,
Arbitration Agreements ,
Arbitration Awards ,
Arbitration Fees ,
Arbitrator Selection Disputes ,
Bermuda ,
Binding Arbitration ,
Commercial Arbitration ,
Commercial Insurance Policies ,
Contract Disputes ,
Dispute Resolution ,
Federal Arbitration Act ,
Foreign Arbitration Clauses ,
Insurance Industry ,
LCIA ,
Liability Insurance ,
Mandatory Arbitration Clauses ,
Manifest Disregard ,
McCarran-Ferguson Act ,
Reverse Preemption ,
UK ,
UK Brexit
In this episode of OnRisk, K&L Gates attorneys Carolyn Branthoover and Max Louik discuss the misrepresentation defense, also known as the rescission defense, a defense that insurers have been aggressively pursuing in recent...more
3/14/2018
/ Commercial Insurance Policies ,
False Statements ,
Insurance Brokers ,
Insurance Claims ,
Insurance Industry ,
Loss Coverage ,
Material Misrepresentation ,
Misrepresentation ,
Rescission ,
Risk Management ,
Underwriting
Illinois has recently entered the litigation spotlight due to the growing number of actions being brought under the state’s Biometric Information Privacy Act (the “Illinois BIPA”). Illinois is one of only several states that...more
Welcome to this 34th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more