As the world economy continues its rapid but unpredictable rebound from the COVID-19 pandemic, record shortages and shipping delays due to global supply chain issues have become commonplace. If your business has experienced...more
New York City’s Biometric Identifier Information Law (BII Law), which went into effect on July 9, 2021, addresses the collection and use of biometric identifier information (BII) by commercial establishments to track customer...more
The Illinois Biometric Information Privacy Act (BIPA), has become increasingly popular with the plaintiffs’ bar. BIPA provides a private right of action to recover potentially astronomical damages for inadvertent use or...more
Targeted hacks, phishing, malware, viruses and other attacks aimed at information technology systems are an everyday occurrence. While the first line of defense is trained personnel, businesses need to be aware of the...more
Last month, the UK’s High Court of Justice issued a pro-claimant ruling in a test case brought by the Financial Conduct Authority consolidating the claims of small businesses whose insurers denied coverage for COVID-19...more
In August, a Judicial Panel on Multidistrict Litigation (“JPLM”) declined to consolidate hundreds of cases against insurers who denied business interruption claims for COVID-19 losses, but hinted that consolidating cases...more
While case law in the US is still developing, international courts considering business interruption claims against insurers have made meaningful findings in favor of policy holders.
UK High Court Grants Coverage to...more
Since our updates in July and August, new cases on business interruption coverage for COVID-19 losses have been trickling in and out of courts around the country. Over 1,000 cases have been filed against a variety of...more
Policyholders Defeat Motion to Dismiss in Studio 417 Inc. et al. v. The Cincinnati Insurance Co.
The Western District of Missouri on Wednesday allowed plaintiffs’ claims to recover business interruption losses due to...more
Introduced earlier this month, California Amended Bill 1552 (“AB 1552”) is one of several attempts by state legislatures nationwide to bolster the insurance claims of businesses forced to close, or limit operations, under the...more
Following our April 1 webinar COVID-19 Financial Remedies: Force Majeure, Business Interruption Insurance Coverage and Contractual Provisions, Kelley Drye & Warren LLP would like to update attendees on a development in the...more
The spreading civil unrest across the country leaves many businesses vulnerable to property damage and loss of income. Most commercial property insurance program policies should provide coverage for some of these...more
Potential costs and expenses for liability for opioid based claims are formidable, leaving many companies wondering whether insurance policies offering commercial general liability insurance (“CGL”), product liability...more
Earlier today, President Trump delivered an opioid speech in New Hampshire in which he promised to get tough on opioid investigation and enforcement. This follows on the Department of Justice’s (“DOJ”) prior assertion that it...more
Ohio Judge Dan A. Polster, who is handling the multi-district opioid litigation proceedings, is taking a very active hand in the management of the proceedings before him, the New York Times reports. His methods are...more
Pharmaceutical companies at risk of opioid-related litigation should consider whether they are covered by their insurance policy.
Liability insurance coverage may be available for defense costs under Comprehensive General...more
If you type ‘opioids’ into a search engine, chances are you’ll be greeted with headlines like: “Opioid abuse is in everyone’s backyard”. The Washington Post writes: “Even this puppy wasn’t safe from America’s opioid crisis”;...more
One of the newer symptoms of this so-called “Opioid Epidemic,” is a rash of litigation targeting pharmaceutical manufacturers and distributors. Currently, there are actions underway in Texas, West Virginia, Alabama, Ohio,...more
A new law in Louisiana requires drug manufacturers to report wholesale acquisition cost (WAC) information directly to the state. Louisiana law defines WAC as “the manufacturer’s list price for the pharmaceutical drug or...more
According to almost every major media outlet, America is now in the midst of an opioid addiction crisis. People across the U.S. are developing dependencies, and even overdosing, on opioids: drugs like OxyContin, Hydrocodone,...more
Facebook, Twitter, LinkedIn and other social media services store the personal and professional information of millions of users. To the enterprising trial attorney, that’s millions of tweets, posts, photos, ‘likes’, pins,...more
The New York Commercial Division celebrated its 20th anniversary in 2015. In the last 20 years, we have watched the creation and development of business courts or commercial courts within state-trial-court civil systems. The...more