Insurance

Expert Analysis

• Ethics Tips For Attorneys Telecommuting Across State Lines

  

  Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

• Opinion

  Abusive M&A Litigation Highlights Need For Securities Reform

  

  In-court M&A challenges that benefit plaintiffs counsel more than shareholders continue unabated, demonstrating the need for federal securities law reform to prevent what amounts to a deal tax on companies forced to pay mootness fee settlements and higher directors and officers insurance premiums, say attorneys at Seyfarth.

• 6 Ways Legal Employers Can Help Pandemic-Weary Parents

  

  Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

• Renewable Energy Cos. Need New Risk Management Tools

  

  As President Joe Biden seeks to ramp up renewable energy development, the industry's risk managers must not only rely on traditional insurance and contractual warranties, but also explore new risk management products like proxy revenue swaps, say Leslie Thorne and Andrew Van Osselaer at Haynes and Boone.

• COVID-19 Insurance Issues To Watch In Civil Law Countries

  

  A recent decision from a Spanish court of appeals shows that COVID-19 business interruption coverage disputes may not have outcomes that would be expected in common law countries, say Miguel Torres at Martínez-Echevarría & Rivera Abogados and José Umbert at Zelle.

• Remote Working Tips For Lawyer Trainees And Their Firms

  

  The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

• Obtaining General Jurisdiction Over Out-Of-State Insurers

  

  A series of recent court decisions illustrate the challenges of litigating against insurers in a state where neither party resides, and demonstrate alternate means of securing jurisdiction, says Richard Mason at MasonADR.

• What Biden's Ethics Pledge Means For Gov't Revolving Door

  

  Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

• Opinion

  Punishing Bar Exam Policies On Menstrual Products Must Go

  

  Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

• It's Time For Law Firms To Start Loving And Leveraging Data

  

  The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

• Opinion

  11th Circ. Should Reconsider Remote Arbitration Subpoenas

  

  In light of the pandemic and resulting advancements in teleconferencing practices, the Eleventh Circuit should consider revisiting its 2019 ruling in Managed Care Advisory Group v. Cigna Healthcare, which mandated in-person hearings for third parties' subpoena compliance, says Suzanne Wynn Ockleberry at Wynn Arbitration.

• Keys To Protecting Clients During Law Firm Dissolution

  

  Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

• Biz Interruption Insurance Considerations After Texas Storms

  

  Businesses that have suffered losses from the snow and utility interruptions in Texas should consider the broad range of commercial property insurance policy triggers that may apply, says Micah Skidmore at Haynes and Boone.

• When Domestic Securities Fall Outside Scope Of Federal Law

  

  The Second Circuit’s recent opinion in Cavello Bay Reinsurance v. Stein, which held a private securities sale was extraterritorial despite several ties to New York, underscores that how transaction agreements are structured could affect whether a deal may be subject to federal securities laws — especially in an increasingly remote world, say attorneys at Cleary.

• How Case Management Orders Can Support New Attorneys

  

  Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.