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 …
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 …
Federal Court Finds Exclusions in HOA GL Policies Applicable to Wrongful Death Suit
9/7/18
By: Peter Catalanotti
Colony Insurance issued a commercial general liability policy to The Courtyards at Hollywood Station Homeowners Association Inc. (“HOA”) that operates an apartment complex in Florida. Great American Alliance Insurance issued an umbrella policy to the HOA.
Two …
8/1/18
By: Jeremy Rogers
Recently, the EEOC announced a settlement in a lawsuit brought against SLS Hotel in South Beach. The lawsuit, filed in 2017, followed an investigation into charges made by multiple Haitian former employees who had been terminated in …
Is An Employee’s Intentional Act An Employer’s “Accident”?
7/10/18
By: Rebecca Smith and Zach Moura
It may just be, according to the California Supreme Court’s recent decision in Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc. (June 4, 2018, No. S236765). In Liberty v. Ledesma, …
Something Rotten: Spoliation Claims Against a Plaintiff
6/15/18
By: Sean Ryan
The Georgia Supreme Court recently clarified that same duty and standard applies to a plaintiff as to a defendant in assessing potential spoliation claims. In Cooper Tire & Rubber Co. v. Koch, 303 Ga. 336 (2018), …
Multi-Million Dollar California Verdict Affirmed Despite Questionable Causation
3/6/18
By: Theodore C. Peters
Proof of causation is a frequently debated topic in tort cases where the battle between “possible” and “probable” is bitterly fought. Tort victims are left empty-handed unless they can sufficiently demonstrate the causal connection between the …
Waymo v. Uber – Addressing the Stakes of Driverless Car Trade Secrets and Intellectual Property
2/12/18
By: Courtney K. Mazzio
The litigation surrounded a man named Anthony Levandowski, a former Waymo employee who took thousands of documents with him when he left Waymo in 2015 to pursue his own company. Uber purchased Levandowski’s company, giving Levandowski …
5/20/15
By: Andy Treese and Charles Reed, Jr.
When Congress codified citizens’ access to courts regardless of their ability to pay costs, federal courts quickly became inundated with prisoner lawsuits. Congress, in turn, enacted the “three strikes” provision in 28 U. …
