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Litigation Minute: Litigation Holds in the Investment Management Industry

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Given the complexity of the transactions and arrangements involved, entities operating in the investment management industry face significant and unique obligations and risks,...more

COVID-19: Massachusetts Proposed Bills Addressing Coverage for Small Businesses – A Different Approach

COVID-19 has left its indelible mark on the nation’s economy. As the pandemic continues, lawmakers in many jurisdictions are proposing legislation that would assist businesses in securing insurance coverage for...more

COVID-19: Congress, Pennsylvania, Michigan, and South Carolina Join Other Jurisdictions Proposing Legislation Addressing Insurers’...

The COVID-19 pandemic has caused devastating financial losses for businesses across the country. Insurers have responded with reflexive denials of coverage. In response, a growing number of jurisdictions are considering...more

COVID-19: Growing Number of U.S. States Propose Legislation Requiring Insurers to Pay for COVID-19-Related Losses Incurred by...

Businesses around the world are currently reeling from the economic impact of the coronavirus (“COVID-19”) pandemic. In an effort to mitigate the financial effects of the virus, a growing number of U.S. states have proposed...more

COVID-19: Insurance Policy Considerations for Higher Education Institutions

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

COVID-19: Coronavirus Concerns Prompt Two-Week Halt to All Construction in Boston

Another industry felt the impact of coronavirus (COVID-19) on Monday, March 16, when, amid growing concerns over the spread of COVID-19, Boston Mayor Martin J. Walsh announced a two-week halt to all construction projects in...more

Highest Massachusetts Court Upholds Consent-To-Settle Clauses, but Issues Warning to Insurers

Many professional liability insurance policies include what are referred to as “consent-to-settle” clauses, which require an insurer to seek its insured’s consent prior to settling a covered claim. ...more

Highest Massachusetts Court Confirms Coverage for “Advertising Injury” Claims Based on Use of a Name

In a case of nationwide first impression, the Massachusetts Supreme Judicial Court ruled in favor of K&L Gates LLP’s client, Vibram Corporation (“Vibram”), by holding that allegations regarding Vibram’s use of a deceased...more

First Circuit Affirms Coverage for Investment Manager Under Business and Management Indemnity Policy

The First Circuit Court of Appeals recently upheld a decision establishing coverage for a lawsuit filed by pension funds investors against an investment manager for allegedly mismanaging and squandering the pension funds’...more

Dollars and Sense: Making the Most of Your Company’s Insurance Policy When Served with a Government Subpoena

Served with a Subpoena? When a company receives a subpoena or otherwise learns it is a witness, subject or target of a government investigation, its initial response typically involves contacting outside counsel...more

Massachusetts Court of Appeals Precludes Coverage for Drink Bottles Despite “Loss of Use” Exception to “Faulty Workmanship”...

Manufacturers, suppliers, and distributors of food products face significant business and litigation risks associated with food contamination and recall issues. Policyholders in this chain of production should be aware that...more

A Primer on Insurance Coverage Issues under the Telephone Consumer Protection Act

In the past several years, plaintiffs’ attorneys around the country have exploited a once-unknown 1991 law, the Telephone Consumer Protection Act (“TCPA”), to obtain headline-grabbing, multimillion-dollar judgments and...more

Massachusetts Supreme Judicial Court Strengthens Policyholders’ Ability to Pursue Consumer Protection Claims against Insurers for...

The Massachusetts Supreme Judicial Court (“SJC”) has made it clear that an insurer cannot avoid claims for failing to defend a policyholder merely by tendering payment to the policyholder at the last minute. The central issue...more

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