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Expert Analysis

• Addressing Environmental Justice As Part Of ESG Initiatives

  

  Recent calls for racial equity and government regulators' increasing focus on social and environmental concerns make this a good time for companies to integrate environmental justice into their environmental, social and governance efforts, say Stacey Halliday and Julius Redd at Beveridge & Diamond, and Jesse Glickstein at Hewlett Packard.

• Privilege Waiver Risks From Reps & Warranties Insurance Use

  

  The use of representations and warranties insurance in M&A could result in waiver of the attorney-client privilege, but policyholders can do a number of things to minimize disclosure of transaction-related information when negotiating the insurance policy and after a claim arises, say attorneys at Bass Berry.

• Maritime Worker Injury Claims After 5th Circ. Welder Ruling

  

  While the Fifth Circuit recently held in Sanchez v. Smart Fabricators that an injured offshore welder could not pursue damages under the Jones Act, certain maritime workers may be able to pursue comparative claims under a longshoremen workers' compensation statute or the Sieracki doctrine, says Grady Hurley at Jones Walker.

• State Data Can Guide On Federal 'No Surprises Act' Arbitration

  

  Arbitration data from states with existing surprise medical billing laws that track the federal independent dispute resolution process under the newly passed No Surprises Act provide helpful insights into the likely impact of the federal law taking effect in 2022, say Alexandra Lucas and Christian Martin at Reed Smith.

• Addressing New COBRA Duties Under Virus Relief Law

  

  Following the issuance of fully subsidized COBRA premiums for certain workers under the recently passed American Rescue Plan Act, employers should take steps to determine who is eligible, ensure additional notice requirements are satisfied, and train human resources on communicating with qualified individuals, say Randi May and Dustin Grant at Hoguet Newman.

• Cannabis Legalization's Effects On Insurance Industry

  Excerpt from Practical Guidance

  

  Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.

• Surprise Medical Billing Law May Bring Litigation Sea Change

  

  The newly passed No Surprises Act aimed at protecting patients from surprise medical bills has the potential to shift reimbursement disputes away from the courts and into arbitration, but some uncertainty surrounds an exception that could prevent its application in California and other states, says Michael Zorkin at The Zorkin Firm.

• NY Birth Injury Rulings Show Medical Fund Is Working

  

  Recent New York rulings show that the state's Medical Indemnity Fund — intended to pay for the medical needs of children injured at birth and reduce malpractice exposure for medical providers — is working as intended after multiple legislative fixes, say Bradley Zimmerman and Christopher Nyberg at the Jacob Fuchsberg Law Firm.

• 'Crime' Ruling In Car Death Highlights ERISA Review Standard

  

  The Eighth Circuit's recent decision in Boyer v. Schneider Electric, that an accidental death insurance claim could be denied because the decedent's speeding constituted a crime under Missouri law, illustrates the significance of the Employee Retirement Income Security Act deferential standard of review, since the word "crime" is subject to differing interpretations, says Mark DeBofsky at DeBofsky Sherman.

• Lessons From Federal Fraud Charges Against UBiome

  

  The U.S. Department of Justice's and U.S. Securities and Exchange Commission's recent fraud allegations against uBiome executives illustrate the challenges of navigating interactions between clinical testing companies, health insurers and government oversight efforts, say attorneys at Debevoise.

• The Senate's Filibuster Rules Are Unconstitutional

  

  The U.S. Senate filibuster rules are inconsistent with several provisions of the Constitution, and even if lawmakers decline to abolish the political tactic and no plaintiff can be found to bring its constitutional flaws before the courts, the Senate has at least three options to reduce filibuster use, says Kirk Jenkins at Arnold & Porter.

• Pitfalls For Out-Of-State Contractors In Texas Post-Disaster

  

  In light of the extreme weather Texas saw in February, out-of-state construction contractors performing repairs in the state should understand certain post-disaster requirements, the process for recovering damages and litigation risks that can follow noncompliance, says Karalynn Cromeens at Cromeens Law Firm.

• Health Insurance Compliance Steps After Antitrust Reform

  

  Health insurers should review their compliance programs to avoid antitrust complaints from overzealous plaintiffs now that the Competitive Health Insurance Reform Act has ended insurers' federal antitrust protections, say Lisl Dunlop and Thomas Rohback at Axinn.