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Liability Contract Terms

DLA Piper

Germany: Monitoring and Auditing Obligations of Controllers with Respect to Their Processors

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In a decision on immaterial damages under Article 82 of the EU General Data Protection Regulation (GDPR), the Higher Regional Court of Dresden, Germany (case number 4 U 940/24), set out important monitoring and auditing...more

Cadwalader, Wickersham & Taft LLP

From Mistake to Misconduct, April 2025 - Beyond the Boilerplate

The term “boilerplate” originates from the printing industry, where “boilerplate” referred to metal plates with standardized text used for newspapers and other publications. In legal documents and contracts, boilerplate...more

Proskauer - New Media & Technology

Contract Law in the Age of Agentic AI: Who’s Really Clicking “Accept”?

In May 2024, we released Part I of this series, in which we discussed agentic AI as an emerging technology enabling a new generation of AI-based hardware devices and software tools that can take actions on behalf of users. It...more

Morgan Lewis - Tech & Sourcing

Outsourcing Update: The Convergence of Business Process Outsourcing and Digital Enablement

Gone are the days when a company could outsource the “people” that perform a business process without considering, and likely including in the outsourcing arrangement, the digital enablement of the underlying workflows and...more

Goldberg Segalla

New York Appellate Court: Rental Companies Not Statutorily Required to Provide Primary Coverage to Customers

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New York’s state appellate court recently declared rental car companies are not required to provide primary insurance coverage to their rental customers. Instead, the court concluded that New York law requiring the companies...more

Ward and Smith, P.A.

Understanding Liability Waivers for Equine Activities in North Carolina

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In North Carolina, as in many states, liability waivers are often used to protect equine activity sponsors, such as individuals, groups, clubs, partnerships, or corporations from legal claims arising from injuries sustained...more

Woodruff Sawyer

RWI Retention Dropdowns: How They Work and Why They Matter

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As a transactional liability brokerage, we place policies including reps and warranties insurance (RWI), tax liability policies, and contingent liability policies. We also oversee claims for these policies. As someone who...more

Jones Day

Uptiers in 2025: Impact of the Serta and Mitel Decisions on Liability Management Exercises

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Late last year, the U.S. Court of Appeals for the Fifth Circuit and the Appellate Division of the Supreme Court of the State of New York issued important rulings regarding the validity of uptier “liability management...more

Warner Norcross + Judd

Emphasizing Robust Contracts with Cloud Providers Amid Recent Alleged Breach at Oracle

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Recent reports concerning a potential security incident involving Oracle Cloud services provide a warning for many companies who allow third parties to access or store sensitive company data. A threat actor claims to have...more

McGinnis Lochridge

Winter Storm Uri and Force Majeure: The Legal Battles Continue

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Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims,...more

Marshall Dennehey

Fifth District Court of Appeal Rules Insurance Benefit Assignment to Roofing Contractor Invalid Under Florida Statute § 627.7152.

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Holding Insurance Companies Accountable, LLC v. Leonard Caruso v. American Integrity Insurance Company of Florida, Fla. 5th DCA, No. 5D2023-2810, January 3, 2025 - The homeowner reported roof damage to his homeowners...more

Robins Kaplan LLP

A New York Partnership?

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In determining whether parties are, in fact, in a partnership depends on the conduct of the parties. Titles, labels, and disclaimers are often meaningless. Consider this scenario: In a New York City bar, two successful...more

Wiley Rein LLP

Court Holds that Ambiguity of One Endorsement Did Not Mean That Similar Endorsement Must Also Be Ambiguous

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The United States District Court for the Northern District of California, applying California law, has held that a retroactive date endorsement limited coverage to $1 million if a claim involved wrongful acts occurring prior...more

Katten Muchin Rosenman LLP

Are You Really Covered as an Additional Insured?

For your next construction project in New York, securing commercial general liability coverage as an additional insured may not be as simple as it would appear. Recent court rulings have interpreted the terms of insurance...more

Holland & Knight LLP

American Tire: Rubber Hits the Road in Non-Ratable Chapter 11 Liability Management Transaction

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Minority senior secured lenders in syndicated deals rely on, among other provisions, the "sacred right" protections contained in the credit documents to protect the benefit of their bargained-for agreement: primarily, that...more

Marshall Dennehey

Fourth District Court of Appeal Rules Policy Endorsement Prevails Over Main Policy in Case of Conflict

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Colony Insurance Company v. Titan Restoration Construction, Inc., Fla. 4th DCA, No. 4D2023-2908, January 8, 2025 - Colony Insurance Company’s insurance policy with the general contracting company, Titan Restoration...more

A&O Shearman

Indemnity or indemNOTy? The difference between a guarantee and an indemnity

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A bank sought payment under “deeds of indemnity” related to swap agreements which were part of a number of Dutch mortgage-backed securitisations. The mortgage provider refused to pay, a key argument being that the “deeds...more

Carlton Fields

Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies

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In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs,...more

Winstead PC

SEC Renewed Action on Hedge Clauses

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Hedge clauses are provisions in investment advisory agreements that aim to limit an adviser’s liability for certain actions or outcomes. The U.S. Securities and Exchange Commission (the “SEC”) has expressed the position that...more

Segal McCambridge

New York Appellate Court Clarifies Insurer Obligations Under the Child Victims Act

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The New York Appellate Division Fourth Department recently issued a decision affirming in part and reversing in part summary judgment motions against GuideOne Mutual Insurance Company (“GuideOne”) in a case brought by The...more

Harris Beach Murtha PLLC

Have a SaaS Contract in Place? You May Need an AI Addendum

Virtually every business has signed an agreement with a software as a service (“SaaS”) provider at one time or another. And now, virtually every SaaS provider (it seems, at least) is coming out with an AI-related feature or...more

Bradley Arant Boult Cummings LLP

Insurance in the Know (Part 3): Recoupment of Defense Costs Is Not a “Right” in a Standard CGL Policy

The foundation of a policyholder’s agreement to pay premiums for a standard commercial general liability policy (CGL) is the insurer’s agreement to defend the policyholder against lawsuits and shoulder the costs of the...more

Gray Reed

The Devil is in the Detail – Essential Contact Terms for PPP between Waste Management Companies and Public Entities

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Waste management is a critical service that affects communities, businesses, and the environment. When public entities (such as municipalities) enter into agreements with private waste management companies to handle the...more

Gray Reed

Louisiana Oilfield Anti-Indemnity Act Nullifies an Indemnity Obligation

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In In the Matter of Offshore Oil Services, Inc., Offshore owned and operated the M/V Anna. Offshore sued Island Operating Company for exoneration and/or limitation of liability for a personal injury claim by an employee of...more

Mayer Brown

Legal Developments in Construction Law: January 2025

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1.  LEASEHOLDERS MOVE CLOSER TO BUILDING LIABILITY ORDER AGAINST SPV PARENT COMPANY - Under section 130 of the Building Safety Act the court can make a Building Liability Order against a company that was not responsible...more

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