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Ninth Circuit Confirms Privacy Exclusion Bars TCPA Claims

by Carlton Fields on

Claims under the Telephone Consumer Protection Act (TCPA) present numerous issues for insurance companies and policyholders. Because TCPA claims lend themselves to class action suits, the potential exposure can be...more

“Pink Slime” Lawsuit Spins Off into Insurance Dispute

by Akin Gump - Excubitor on

Earlier this year, ABC News, through its parent company, reached a midtrial settlement with Beef Products Inc. in the now infamous “pink slime” lawsuit. Under South Dakota food libel statutes, damages in the case could have...more

Ninth Circuit Shuts Down Lakers: TCPA Means “Privacy” When It Comes to Insurance Coverage

by Foley & Lardner LLP on

As many practitioners who work with the Telephone Consumer Protection Act (TCPA) know, getting insurance providers to cover TCPA cases is a difficult proposition. The Ninth Circuit recently affirmed this notion in Los Angeles...more

UK Competition Regulator investigates home insurance price comparison website for “stifling competition” through use of Most...

by Bryan Cave on

The CMA ,the UK’s main competition regulator, launched an investigation on 26th September 2017 into home insurance price comparison website, compare the market.com, over its use of most favoured nation clauses and whether...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

So much for the quiet off-ramping for SoFi’s Mike Cagney. The fintech company’s board announced on Friday that Cagney is out immediately as CEO, not at the end of the year as Cagney had announced earlier in the week....more

Privacy Tip #104 – Scammers Prey on Hurricane Victims

It has been so difficult to watch the news reports of the devastation and havoc left in the wake of Hurricane Harvey, and now anticipated this weekend by Hurricane Irma, which is being reported as the most powerful storm to...more

The Ninth Circuit Bars Wrongful Act Coverage Against TCPA Claims Despite Strong Dissenting Opinion that Majority Misconstrued the...

by Nossaman LLP on

On August 23, 2017, in a split Opinion, the Ninth Circuit issued its ruling in Los Angeles Lakers, Inc. v. Federal Ins. Co., Case No. 15-55777 (9th Cir. Aug. 22, 2017), an insurance coverage dispute related to an underlying...more

Five Coverage Tips from Recent E-mail Scam Insurance Decisions

by Orrick - Trust Anchor on

The number of decisions considering claims for insurance coverage resulting from Business Email Compromise (“BEC”) scams has been increasing, providing policyholders with some hope, and some clarity, in this muddy area....more

Mobile App Terms and Conditions Decision Clarifies Best Practices in App Designs to Support Enforcement of Contract Provisions

The Second Circuit issued a decision of interest to every company that utilizes a mobile app to interact with its customers. In Meyer v. Kalanick, the court enforced the mandatory arbitration provision in the Uber app. The...more

CGL Insurance Coverage for Advertising Injuries: Upping the Ante for IP Litigation

by Jones Day on

August 2017 In Short The Situation: Reversing a pair of federal district court rulings, the Fifth and Ninth Circuits have held that insurers must defend commercial general liability policyholders in advertising injuries...more

District Courts Buck Trend on Fidelity Coverage for Social Engineering and Business Email Compromise Schemes

by Carlton Fields on

The FBI continues to warn that losses are on the rise from business email compromise (BEC) or “social engineering” schemes, which the Bureau describes as: Carried out by transnational criminal organizations that employ...more

A “palliative” approach to insolvency in the retail world?

by Morrison & Foerster LLP on

The retail sector is in the midst of a deeply disruptive shift as online shopping increasingly puts its long-term future in peril. Howard Morris, head of the business restructuring and insolvency group at Morrison & Foerster...more

Two Court Rulings Show Coverage Difficulties for “Fake President” Fraud

by Nossaman LLP on

A few weeks back, the Insurance Recovery report posted a blog about the difficulty obtaining insurance coverage for “fake president” fraud, which is also known as business e-mail compromise, or social engineering fraud. Two...more

What Is so Important About Blockchain?

by Carlton Fields on

It seems everyone today is talking about blockchain and cryptocurrencies. In this podcast, you're going to hear from David Adams, Matthew Kohen, and Justin Wales, who consult on these exciting emerging technologies....more

FINRA Issues New Guidance on Social Media and Digital Communications

by Carlton Fields on

In April, FINRA issued Regulatory Notice 17-18, which reiterates previous rules and provides additional guidance regarding the application of several key rules governing communications with the public to digital...more

Washington Federal Court Rejects Policyholder’s “Separate Claim” Argument

by Carlton Fields on

In April, a federal district court in the Western District of Washington issued a decision in National Union Fire Insurance Co. v. Zillow, Inc. While at first blush, it may seem only of interest to those who work with media...more

Ransomware is taking the world by storm; does insurance respond?

On June 27, 2017, the world had its second major ransomware attack in two months, and experts are predicting more to come. The first, named WannaCry, began May 12, and quickly spread to over 400,000 machines, the vast...more

The Remedy for the New Cyber Threat Posing Major Coverage Problems: “Fake President” E-mails

by Nossaman LLP on

In the last few weeks, we have seen yet another widespread ransomware attack that hit nearly one hundred companies around the world. It reminded me of a recent request from a client, made just after news broke of the...more

There May Be Coverage for the Defense and Settlement of FTC Claims

A number of companies have been sued by the FTC in recent years, alleging, for example, that the company made claims regarding the product or service without adequate substantiation. Many of these companies are small private...more

NYS Cyber Regulation Countdown: “Risk Assessment” – Now or Later?

In our series of posts leading up to the August 28th deadline for the first phase of requirements under New York’s cybersecurity regulation, the Patterson Belknap team looks at issues that institutions face as they implement...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Its recent debt sale was enough to score Italy’s Monte dei Paschi a government bailout, one of the first since the 2008 crisis and a test case for the ECB’s new bank bailout rules....more

2017 Vermont Legislative Session | The Year in Review - DRM's Government & Public Affairs Team Final Analysis

by Downs Rachlin Martin PLLC on

A May 18th adjournment brought to a close the first half of the 74th biennial session of the Vermont General Assembly. Drama awaits as Gov. Phil Scott has threatened to veto H.518, the fiscal year 2018 budget, over an...more

The Polish regulator’s position on insurance companies publishing their standard contracts on their websites

by Hogan Lovells on

Based on the new regulation in the Polish insurance market that entered into force on 1 January 2016, the general terms and conditions of insurance (“GTC“) as well as other standard contracts must be published by insurers on...more

Locked Out: Zillow’s Failure to Provide Insurer Timely Notice of DMCA Takedown Notice Precludes Coverage Under a Claims-Made...

by Dorsey & Whitney LLP on

Last month the United States District Court for the Western District of Washington held that a Digital Millennium Copyright Act (“DMCA”) Takedown Notice triggered a policyholder’s obligation to notify its claims-made insurer....more

Media Law Bulletin

by Sedgwick LLP on

Depending on the source, between one half to two-thirds of adults in the United States take a dietary supplement of some kind every day. A dietary supplement is a product for ingestion that contains a dietary ingredient...more

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Cybersecurity

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