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New York Amends Recently Enacted Comprehensive Insurance Disclosure Act Requirements

Defendants in New York state court must now produce insurance information in newly filed lawsuits within 90 days of answering the complaint. While the extent of the insurance disclosure requirements has been narrowed, and...more

New York Enacts Sweeping New Insurance Disclosure Requirements for State Court Litigants

Amendments to CPLR § 3101(f) now require the disclosure of voluminous information including insurance applications and information about other claims. Defendants in New York state court must produce extensive...more

Insurer Cannot Avoid Duty to Defend Defunct Insured

A recent decision in the Middle District of Florida, Southern Owners Insurance Company v. Gallo Building Services, Inc., reminds us of the high bar an insurer must clear to avoid its duty to defend an insured—even when that...more

All “Hail” the Importance of Documenting Claims

A recent case in the Fifth Circuit, Certain Underwriters at Lloyd’s of London v. Lowen Valley View, L.L.C., provides a valuable reminder to policyholders of the importance of promptly investigating any event that could cause...more

“Ban the Box” Legislation Expands Across the Country

There is a growing national movement to “Ban the Box” – i.e., to prohibit questions about a job applicant’s criminal history on employment applications. Currently, “Ban the Box” laws are primarily targeted at public...more

Some Firings Based on Social Media Use May Be Okay

In early November, an administrative law judge of the National Labor Relations Board dismissed a complaint filed against an employer, finding that the employer did not violate the National Labor Relations Act by withdrawing...more

New Jersey Senate Unanimously Passes Revised Social Media Bill

On August 19, 2013, the New Jersey Senate passed - by a vote of 36 to 0 - a revised bill barring employers from seeking access to employees' social media accounts....more

To Friend, or Not to Friend: That is the (Judge's) Question

On May 28, 2013, the New York Advisory Committee on Judicial Ethics issued an opinion stating "that the mere status of being a 'Facebook friend,' without more, is an insufficient basis to require recusal." (Emphasis in...more

6/26/2013  /  Ethics , Facebook , Judges , Recusal , Social Media

Federal Court Sets Guidelines for Denying Attorney-Client Privilege on Communications

Hiring a lawyer for a general counsel role – either in-house or by retaining outside counsel to perform that role – can benefit organizations in countless ways. Unlike outside attorneys who are consulted on a piecemeal basis,...more

Given Recent NLRB Decisions Finding Standard Confidentiality Policies Unlawful, Employers Should Review and Update Their Policies

On January 8, 2013, a National Labor Relations Board (“NLRB”) administrative law judge ruled that a proprietary/confidential information provision in Quicken Loan’s employment agreement with its mortgage banker employees...more

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