News & Analysis as of

Employment Practices Liability Insurance (EPLI)

Haynes Boone

Insuring Equality: Three Tips for Preserving Coverage for DEI Enforcement Actions

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At the beginning of this year, the Trump administration issued a series of executive orders rewriting federal policy on employment programs addressing diversity, equity and inclusion (DEI). Executive orders 14151 and...more

Lowenstein Sandler LLP

Being Transparent: Seeing Through Pay Transparency Risks and Coverage

Lowenstein Sandler LLP on

In this episode of Don't Take No For an Answer, partner Jeremy M. King and Sandra Halbing cover how employer transparency statutes are impacting the employment risk landscape. The statutes require employers to disclose pay...more

Wiley Rein LLP

Administrative Complaint and Subsequent Lawsuit Deemed Related Claims First Made Before EPL Coverage Incepted

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A federal district court determined that there was no coverage for a claim where a related claim was first made before the policy period began. A former employee of the insured company filed an administrative complaint...more

Freeman Mathis & Gary

With great innovation comes great responsibility: AI, digital workforces, and emerging employment risks

Freeman Mathis & Gary on

Imagine hiring a new manager who never sleeps, never takes a vacation and never complains. Sounds perfect, right? But what if that manager is an algorithm? In today’s workplace, that’s not science fiction. It’s reality. AI...more

Wiley Rein LLP

Abuse Exclusion Applied to Bar Coverage for Entire EEOC Proceeding

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The United States District Court for the Southern District of New York, applying New York law, held that a Sexual and Physical Abuse exclusion barred coverage for a discrimination complaint filed with the Equal Employment...more

Wiley Rein LLP

Criminal Indictment of Supervisor May Not be a Claim “By or on Behalf of” Minor Employee under EPL Policy

Wiley Rein LLP on

The U.S. District Court for the Southern District of Ohio, applying Ohio law, has held that it cannot conclude as a matter of law whether a criminal indictment brought by the state based on sexual harassment of a minor...more

Wiley Rein LLP

Policyholder’s Notice of Claim Does Not Satisfy Notice Requirement for Other Insureds

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The United States District Court for the Central District of California, applying California law, has held that coverage was barred for insureds who did not give timely notice, despite timely notice by the policyholder. The...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Benefits Related to EPLI Coverage

Clark Hill PLC on

This seventh installment of our series discusses the benefits to employers of employment arbitration programs in connection with Employment Practices Liability Insurance (“EPLI”) coverage....more

Buchalter

[Hybrid Event] Labor & Employment 2025 Seminar - October 17th, San Diego, CA

Buchalter on

California’s labor and employment laws can be daunting, even for seasoned employers. Join Buchalter for an in-depth discussion on the latest updates in both federal and state regulations. Discover key insights and strategies...more

Davidoff Hutcher & Citron LLP

Comprehensive Asset Protection Strategies for New York Restaurant Owners: Shielding Against Wage and Hour Liability and Beyond

As a restaurant owner in New York, you face complex financial and legal challenges that go beyond typical business risks. Along with operational responsibilities, you are personally exposed to employment-related claims,...more

Davidoff Hutcher & Citron LLP

How to Structure Real Estate Ownership for Maximum Asset Protection in the Restaurant Industry

For restaurant owners in New York, owning real estate can be a powerful asset—offering stability, long-term equity growth, and operational control. However, real estate ownership also exposes your business and personal wealth...more

Pillsbury - Policyholder Pulse blog

How Trump’s DEI Rollback Affects Nonprofits and How to Protect Your Organization

Since taking office, President Trump has issued sweeping executive orders targeting Diversity, Equity, and Inclusion (DEI) initiatives across federal agencies and directing agencies to take action to encourage private...more

Warner Norcross + Judd

Do You Have Choice of Counsel in Insurance Litigation?

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Do you know which attorneys will represent your interests if your insurance provider has to defend you in litigation? You might be surprised. As a general rule, liability insurance policies – such as those held by family...more

Wiley Rein LLP

Breach of Contract Exclusion Bars Coverage for Judgment Rendered in Employment Dispute

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The United States District Court for the Eastern District of Louisiana, applying Louisiana law, has held that an insurer does not need to cover a monetary judgment rendered in favor of two former employees of the insured...more

White and Williams LLP

The State of EPLI and a Preview of PLUS EPLI Symposium

In this episode, host Jeff Stewart sits down with Tom Hams, Managing Director, National EPLI Practice Leader at Aon, to discuss all things EPLI in The Employment Law Counselor podcast. Among the topics covered are recent...more

Farella Braun + Martel LLP

Reporting Dispute Claims Within Closely Held Wineries

Many wineries operate as closely held companies, meaning they’re owned by an individual or small group of shareholders, who are often members of the same family. Disputes regarding ownership interests can arise, particularly...more

Ward and Smith, P.A.

Got Employees? Understand the Benefits and Limitations of Employment Practices Liability Insurance (EPLI)

Ward and Smith, P.A. on

Employment practices liability insurance (commonly known as "EPLI") coverage is a critical and necessary tool in any employer's toolbox because such policies can help cover significant legal costs and damages associated with...more

Pillsbury - Policyholder Pulse blog

Generative AI’s Impact on Insurance Coverage: An Interview with ChatGPT-4 and Coverage Counsel on What Policyholders Should Be...

Generative AI is transforming our economy in previously unimagined ways, with Goldman Sachs estimating a $7 trillion (7%) increase in global GDP by virtue of this ecosystem. Insurance is but one sector that will be impacted,...more

Pillsbury - Policyholder Pulse blog

California and New York to Open One-Year Windows Reviving Time-Barred Adult Sexual Assault Claims

Four months ago, New York Governor Kathy Hochul signed the Adult Survivors Act (ASA) (S.66A/A.648A), creating a one-year window, beginning November 24, 2022, for adult survivors of sexual assault to bring civil claims against...more

Wiley Rein LLP

Professional Services and Contract Exclusions Do Not Bar Coverage for Settlement of False Claims Act Investigation

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The Delaware Superior Court has held that a professional services exclusion and a contract exclusion in a D&O policy do not bar coverage for a False Claims Act settlement. Guaranteed Rate, Inc. v. ACE Am. Ins. Co., 2022 WL...more

Wiley Rein LLP

‘Violation of Laws Applicable to Employers’ Exclusion Bars Coverage for BIPA Suit

Wiley Rein LLP on

The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an Employment Practices Liability (EPL) policy’s “Violation of Laws Applicable to Employers” exclusion bars coverage...more

American Conference Institute (ACI)

[Event] 30th Annual Employment Practices Liability Insurance Conference - January 25th - 26th, New York, NY

ACI’s Forum on Employment Practices Liability Insurance is returning to New York City on January 25 – 26, 2022! IN-PERSON and LIVESTREAM options available. This annual conference is the one-stop, must-attend meeting place...more

Wiley Rein LLP

Invasion of Privacy Exclusion Bars D&O Coverage for BIPA Suit But EPL Coverage Potentially Applies

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The United States District Court for the Central District of Illinois, applying Illinois law, has held that an invasion of privacy exclusion precluded D&O coverage for underlying suits alleging violations of the Illinois...more

Pillsbury - Policyholder Pulse blog

Biometric Privacy, BIPA and the Battle for EPLI Policy Coverage

Do employees have a privacy right in the shape of their faces, the color of their eyes, or the texture of their fingertips? In many states, the law now says yes—leading employers to ask: Are resulting biometric privacy claims...more

Wiley Rein LLP

No Coverage under EPL Policy for “Wrongful Act” Committed Against Non-Employee

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The Superior Court of Pennsylvania has held that two patients’ lawsuit against their therapist alleging various misdeeds did not involve a “Wrongful Act” under an EPL policy because the patients are not employees of the...more

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