When two companies negotiate a subcontract in support of a federal government prime contract ("federal subcontract"), they may include provisions capping their liability to each other at specific amounts. In structuring such...more
The federal Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide employees with 60 days advance notice of a plant closing or mass layoff. On Tuesday in an unreported decision, the Fourth...more
GOVERNMENT CONTRACTING - As reported in a Nextgov article, the Department of Homeland Security’s (DHS) Chief Procurement Officer Soraya Correa issued a special notice extending the due dates for all unamended acquisition...more
On March 2, Governor Larry Hogan and Maryland Department of Transportation (MDOT) Secretary Pete Rahn “greenlighted” procurement of the Purple Line by MDOT and the Maryland Transit Administration (MTA). The contract has been...more
Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more
Far too frequently, we are reminded just how hard judges must work to save CERCLA from itself. The decision last week in California River Watch v. Fluor Corporation is the most recent compelling example....more
Asset purchase and sale transactions are a preferred structure for many corporate deals. For a variety of reasons, it may be prudent for businesses or product lines to be transferred through these transactions, and an asset...more
We recently wrote about the California Supreme Court’s decision in Fluor Corporation v. Superior Court to limit the enforceability of clauses in third party liability insurance policies that prohibit the policyholder from...more
In 2003, the California Supreme Court ruled that a company’s contractual transfer of insurance rights to a subsequent purchaser was invalid, as it violated the policy condition against assignments without insurer consent....more
Good News for Corporate Policyholders: Insurer Cannot Refuse Coverage Based on Insured's Assignment of Rights Under Policies After Loss Has Occurred - Why it matters: Reversing its holding in a 2003 case, the Supreme...more
Last week, in a unanimous decision, the Supreme Court of California changed the law governing anti-assignment provisions in liability insurance policies. Twelve years ago, in Henkel Corp. v. Hartford Accident & Indemnity...more
Last week, the California Supreme Court ruled in Fluor Corp. v. Superior Court, No. S205889, 2015 WL4938295 (Cal. 2015), that an insurer is precluded from refusing to honor an insured’s assignment of rights for past losses...more
In Fluor Corporation v. Superior Court (No. S205889; filed 8/20/15), the California Supreme Court overruled its earlier decision in Henkel Corp. v. Hartford Accident & Indemnity Co. (2003) 29 Cal.4th 934, holding that...more
In a unanimous decision that will have a serious impact on long-tail exposures, the California Supreme Court in Fluor Corp. v. Superior Court (Hartford Acc. & Indem.) has determined that policyholders may transfer liability...more
In a unanimous decision handed down by the California Supreme Court on August 20, 2015 in Fluor Corporation v. Superior Court, the court removed a significant obstacle facing companies that want to assign their interests in a...more
On August 20, 2015, the California Supreme Court issued its long-awaited ruling in Fluor Corp. v. Superior Court of Orange Co. and held that California Insurance Code section 520 – a statute tracing back to 1872 – dictates “a...more
This morning the California Supreme Court announced the thoroughly sensible ruling that a corporation may transfer its rights under liability insurance policies without obtaining the consent of the insurance company. Fluor...more
Next week the California Supreme Court will hear argument in Fluor Corporation v. Superior Court, a case which raises (again) the question whether an insurer must provide coverage for third party claims arising from injuries...more
This year, 2014, is lining up with interesting insurance coverage cases pending across the country which may lead to far reaching decisions. In California specifically, it is apparent to us that the Hartford Insurance...more