Insurance

Expert Analysis

• Considering Disclosure Risks In Sensitive Product Recalls

  

  The New York Supreme Court's recent decision in Otsuka America v. Crum & Forster highlights the balancing act between comprehensive disclosures during product recall efforts and the use of those communications in subsequent insurance or personal injury lawsuits, say Syed Ahmad and Geoffrey Fehling of Hunton.

• Reinforcing Insurance Coverage For Gov't Investigations

  

  The Superior Court of Delaware's recent decision in Conduent v. AIG Specialty Insurance adds to the authority that government investigations satisfy the "claim" and "wrongful act" definitions in claims-made professional liability insurance policies, and is instructive as to how policyholders can strengthen their coverage, say Donovan Hicks and Brian Scarbrough of Jenner & Block.

• 2 Insurance Coverage Issues Raised By Cyber Warfare

  

  As politics and cyberrisks become increasingly intertwined, policyholders and insurers alike would benefit from more certainty in relation to the cyber insurance war exclusion, and from more options in the market that would cover a cyberattack on the U.S. power grid, says Thomas Hunt of Robert M. Currey & Associates.

• Crisis Messaging To Protect Law Firm Brand And Bottom Line

  

  When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

• Perspectives

  What You Should Know About Courtroom Closures

  

  At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

• Private M&A Indemnification Clarified In Chancery Ruling

  

  In Hill v. LW Buyer, the Delaware Chancery Court's opinion underscores the importance of including as much detail as possible in M&A parties' indemnification claims and submitting them in a timely manner to preserve their indemnification rights, says Sawyer Duncan at King & Spalding.

• Pa. Justices Could Shift State's Consumer Litigation

  

  Depending on how the Pennsylvania Supreme Court decides Gregg v. Ameriprise Financial — a dispute over the culpability standard for the “catch-all” provision of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law — consumer protection litigation in the state could change profoundly, says Karl Myers of Stradley Ronon.

• The Key Issue In Revived Sex Abuse Claim Insurance Disputes

  

  With multiple states reopening the statute of limitations for survivors of childhood sexual abuse — New York's law took effect Wednesday — more insurance coverage disputes are sure to arise, and the overriding question in many of these disputes is how to quantify the number of occurrences, say attorneys at Blank Rome.

• The Outlook On Drug Pricing And Surprise Billing In Congress

  

  Recent months have seen a flurry of activity in Congress on prescription drug pricing and surprise medical bills, and additional developments are expected in September, including possible floor action, say attorneys at Akin Gump.

• Series

  Why I Became A Lawyer: A Seaweed Scientist's Odyssey

  

  In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

• How To Counter Jury Reliance On Plaintiff's Damages Ask

  

  Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.

• Opinion

  Insurance Industry Needs To Build Trust In Digital Securities

  

  Traditionally, the role of the insurance industry has been to combine technology and reasonable regulation with risk transfer products, and the time has come for insurance to help integrate digital securities into society, says Ty Sagalow at Assurely.

• State Net

  How States Are Attending To Medical Balance Billing

  

  With emergency room visits involving care from out-of-network providers sometimes resulting in balance bills reaching thousands of dollars, 32 states this year have taken legislative action, and those that have not are under increasing pressure to do so, says Korey Clark of State Net Capitol Journal.

• Perspectives

  Addressing Health Care Liens In Sexual Assault Settlements

  

  When litigating sexual assault cases that result in settlement, plaintiffs attorneys should thoroughly investigate how the plaintiff's medical bills were paid, and proactively prepare for insurers' potential health care liens, says Courtney Delaney of Epiq.

• Opinion

  Clients Benefit From Law Firm Expense Growth

  

  Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.