Federal Securities Laws: Has the 9th Circuit Gone Rogue Again?
2/4/19
By: John Goselin
On January 4, 2019, the United States Supreme Court decided to hear an appeal from the Ninth Circuit’s April 20, 2018 decision in Varjabedian v. Emulex Corporation, 888 F.3d 399 (9th Cir. 2018). The Supreme …
The Supreme Court Weighs in on Arbitrability, But Questions Remain
1/31/19
By: Ted Peters
As reflected in a prior article, the United States Supreme Court recently agreed to take another look at the issue of arbitrability. In the case of Henry Schein, Inc. v. Archer & White Sales, Inc., …
The Effects of the California Wildfires Continue
1/7/19
By: Matthew Jones
The California Insurance Commissioner recently issued a press release regarding the extensive insured losses from the numerous California wildfires. Those losses total over $9 billion, and are even expected to rise. The losses span across various lines …
A Holly(cal) Jolly (Almost) Christmas
12/28/18
By: Zach Moura
In what is sure to be the beginning of a slew of cases litigating coverage for injuries caused by drones, the U.S. District Court for the Central District of California recently issued an opinion denying coverage under …
Who is Protected by Privilege?
12/27/18
By: Matthew Jones
In the recent case of Day v. Johns Hopkins Health Sys. Corp., the U.S. Court of Appeals for the Fourth Circuit answered this question in the context of expert witnesses facing RICO violations. In the Day …
Limitations On Directors & Officers’ Liability Coverage
12/20/18
By: David Molinari
Directors and Officers (D&O) Liability Insurance is insurance coverage intended to protect individuals from personal losses if they are sued as a result of serving as a Director or Officer of a business or other type of …
It's A Business Not A Criminal Enterprise (Any Longer)
12/17/18
By: David Molinari
The operation of a commercial cannabis business presents a host of unique issues. Security is a concern when the business stores hundreds of thousands of dollars in “inventory” on site. Banking regulations present another problem requiring these …
In the Land of Insurance Coverage, Specificity is King
12/13/18
GA Court of Appeals Finds Insurer Must Cover Millions in Damages Because of Policy Ambiguities
By: Brandon Howard
Whenever a court suspects an insurance policy is “ambiguous,” anxiety strikes the minds of both coverage counsel and insurers alike. For coverage …
Bipartisan TRACED Act Enhances Penalties for Illegal Robocalls
12/7/18
By: Matt Foree
U.S. Senator John Thune (R-S.D.), the chairman of the Senate Committee on Commerce, Science and Transportation, and Senator Ed Markey (D-Mass.), a member of the committee and author of the Telephone Consumer Protection Act (“TCPA”), recently announced …
Assignment of Benefits: A Mortgagee's Consent Matters
12/5/18
By: Michael Kouskoutis
Policyholders John and Liza Squitieri suffered a water loss in their Florida home. Following the loss, Mrs. Squitieri signed an assignment of benefits (AOB) to Restoration 1, an emergency restoration services company. However, the Squitieri’s policy contained …
Dealing with Nonparty Document Requests
12/4/18
By: Ze’eva Kushner
As an executive or business owner, at some point you may receive a request to produce documents relating to your business from a party to a lawsuit that does not involve your company. There are a variety …
Protecting In-House Correspondence from Disclosure: The Troublesome “CC”
11/28/18
By: Jake Carroll
Commercial disputes present complex issues of causation—what caused the accident, who is responsible, what is impacting company revenue. But before the dispute even arises, in-house attorneys are frequently copied on correspondence with team members and employees evaluating …