2nd Circ. Wary Of Retailer's Bid For Ghost Gun Suit Coverage

By Hope Patti

The Second Circuit seemed skeptical of a Texas-based firearms retailer's argument that it is owed coverage for suits alleging it contributed to gun violence by selling unfinished components used to assemble what are known as ghost guns, grilling the retailer Wednesday for specific allegations of negligence that would trigger coverage.

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Chubb Unit Wants Data, Cyber Cos. To Pay Ransomware Cost

By Lauren Berg

A Chubb insurance unit has claimed a data management company and a cybersecurity firm failed to prevent or mitigate a ransomware attack on one of its policyholders, leading to the insurer being on the hook for more than $500,000 in damages, according to a lawsuit filed in New Jersey federal court.

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Frontier Copyright Row Triggered Duty To Defend, Court Says

By Ganesh Setty

Insurers for Frontier Communications had a duty to defend the telecommunications company against copyright infringement claims that were ultimately settled, a Delaware state court ruled in a recently unsealed opinion, analyzing a deliberate acts exclusion and the timeliness of Frontier's claim notice.

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Judge Probes Alleged Rivalry In Captive Insurer's Collapse

By Hayley Fowler

A North Carolina Business Court judge on Wednesday wanted help deciding whether a Georgia insurance company belongs in a fight over a defunct captive insurer's demise, but neither party seemed to have the answers he needed.

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Broker Can't Trim Chipwich Maker's $4.5M Recall Loss Suit

By Hope Patti

A Connecticut state court refused to nix a breach of contract claim in an ice cream sandwich maker's $4.5 million suit accusing its insurance broker of failing to recommend and procure insurance that would cover a food recall.

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Insurer Says Parkland Mass Shooting Was Multiple Occurrences

By Carolina Bolado

Evanston Insurance Co. told the Eleventh Circuit on Wednesday that a lower court erred when it said the term "occurrences" in an excess policy for the Broward Sheriff's Office was ambiguous and granted a win to the insured, which argued the 2018 mass shooting at a Parkland, Florida, school was one occurrence, not several.

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No Response From Insurers To Coverage Requests, Co. Says

By Ganesh Setty

A Seattle-based marine logistics company told a Washington federal court that a trio of marine insurers failed to issue a coverage opinion before it ultimately settled an arbitration earlier this year involving an $18.6 million counterclaim over vessel damage, adding that the insurers conducted no investigation, either.

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Notable Developments At The NAIC Summer Meeting

Attorneys at Debevoise discuss their top takeaways from the National Association of Insurance Commissioners summer meeting last month, including developments on risk-based capital requirements and the evolving use of artificial intelligence in insurance practices.

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A Reminder Of The Limits Of The SEC's Crypto Thaw

As the U.S. Securities and Exchange Commission's regulatory thaw has opened up new possibilities for tokenization projects, the Ninth Circuit's recent decision in SEC v. Barry that certain fractional interests are investment contracts, and thus securities, illustrates that guardrails remain via the Howey test, say attorneys at Skadden.

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Series

Adapting To Private Practice: From Va. AUSA To Mid-Law

Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

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Litigation Spending To Keep Growing As Biz Risks Run High

By Jack Karp

Companies are likely to increase their spending on litigation next year, some by over 10%, as legal disputes become more complex, more contentious and more high-stakes, according to a new report out Thursday.

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Ex-Calif. Judge Gets 35 Years For Shooting Wife To Death

By Gina Kim

Former California state court judge Jeffrey M. Ferguson lost his bid for a new trial Wednesday and was sentenced to 35 years to life in prison for shooting his wife to death at home in a drunken rage, with the presiding judge expressing sympathy for his "extraordinary" son who tried to save his mother's life.

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Feds Want 3 Years For Girardi Son-In-Law's Chicago Contempt

By Lauraann Wood

Tom Girardi's son-in-law should receive a three-year prison sentence for his admitted role in helping the once-celebrated plaintiffs' lawyer steal millions from Lion Air crash victims, federal prosecutors in Chicago argued Wednesday.

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Winston & Strawn Blamed For 'Anti-Woke' Fintech $1.7B Crash

By Lauren Berg

The trustee of bankrupt "anti-woke" financial technology startup GloriFi on Wednesday launched malpractice litigation against Winston & Strawn LLP in Texas bankruptcy court, accusing the firm and one of its managing partners of putting the interests of the company's founder first and costing the business $1.7 billion in valuation.

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7th Circ. Pick Shrugs Off Conservative Group's Opposition

By Courtney Bublé

During her confirmation hearing on Wednesday, Rebecca Taibleson, a federal prosecutor in Wisconsin tapped for the Seventh Circuit, fended off opposition to her nomination from conservative groups, antipathy that the top Democrat on the Senate Judiciary Committee called a "new low" for the committee.

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House Votes To End DC Judicial Nominations Commission

By Courtney Bublé

The U.S. House of Representatives voted 218-211 along party lines on Wednesday to eliminate the commission that vets and picks potential judicial nominees for Washington, D.C.'s local courts.

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Retired Judges Speak Out On 'Threats' To Constitution

By Courtney Bublé

More than 40 retired federal judges appointed by presidents of both parties released an open letter Wednesday, the anniversary of the signing of the Constitution, saying they sought to underscore the importance of the rule of law at a time when the nation's ideals "are under historic strain."

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Del. Judge's US Atty Application Plan Draws Blanche's Ire

By Lauren Berg

Delaware's chief district judge, a Trump appointee, is seeking applications for the state's U.S. attorney position to prepare for an upcoming vacancy in the interim position, a move that drew the ire of Deputy U.S. Attorney General Todd Blanche on Wednesday.

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Giuliani Must Pay Attys $1.4M After Missing Bills Claim Fails

By Adrian Cruz

A New York state judge has awarded nearly $1.4 million to Davidoff Hutcher & Citron LLP in its lawsuit accusing former New York City Mayor Rudy Giuliani of racking up unpaid legal bills for the firm's work in various criminal, civil and administrative matters.

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Criminal Restitution Fails Defendants, Victims, Report Says

By Brandon Lowrey

Federal criminal restitution often fails to benefit victims of crime and throws defendants into a "Sisyphean struggle" with debt, with $100 billion in outstanding restitution deemed uncollectable, according to a report released this week by the National Association of Criminal Defense Lawyers.

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SEC Policy Shift Could Foreclose Some Investor Class Actions

By Jessica Corso

The U.S. Securities and Exchange Commission issued a policy statement Wednesday that allows the use of mandatory arbitration by new publicly traded companies as its chief seeks to "make IPOs great again," but Democrats warned the move could shut the door to shareholder class actions.

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Ex-Law Student's Bias Suit In Wrong Forum, 4th Circ. Told

By Patrick Hoff

A Black former student at Washington University School of Law shouldn't be able to revive claims that she was suspended from campus and lost her scholarship after complaining about a professor's race bias because she filed the suit in the wrong state, the law school told the Fourth Circuit.

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Trump Could Swing Fed With This 1 Weird Trick: Ex-Fed Gov.

By Jon Hill

A former top Federal Reserve official told Democratic lawmakers on Wednesday that if President Donald Trump succeeds in quickly ousting Fed Gov. Lisa Cook, it could unlock an obscure mechanism for his allies at the Fed to sway future interest-rate decisions.

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