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Insurance
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October 24, 2024
3 Insurance Execs Beat Ex-Employer's Trade Secrets Suit
A North Carolina federal judge has ruled Sherbrooke Corporate Ltd. failed to properly allege three former executives it accused of stealing confidential, proprietary software to start their own company actually used that software or kept how it worked a secret.
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October 24, 2024
Lewis Brisbois Adds Partner To General Liability Practice
Lewis Brisbois Bisgaard & Smith LLP announced the growth of its Chicago office with the addition of a partner and insurance expert who brings more than two decades of trial and civil litigation experience.
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October 24, 2024
Atty Escapes Suspension Over $1M Fee Bid For $125K Awards
A Pennsylvania Supreme Court panel on Thursday denied a 90-day suspension recommendation by the Disciplinary Board against a Lackawanna County personal injury attorney who filed a petition for more than $1 million in attorney fees from an insurance company he sued on behalf of his client.
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October 24, 2024
Cigna, Frontier Renew Stalled Merger Bids, Plus Other Rumors
Cigna Group and Frontier Airlines have both restarted once-stalled bids to acquire smaller rivals, rekindling merger rumors spanning the healthcare and airlines industries, while Sports Illustrated's secondary ticket platform wants to borrow up to $50 million to acquire competitor Anytickets. Here, Law360 breaks down these and other notable deal rumors from the past week.
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October 23, 2024
Court Denies Fees In 'Objectively Specious' Trade Secrets Suit
A Seattle federal judge has agreed that a dental health insurer litigated an "objectively specious" trade secrets lawsuit against two of its former company officials, but ruled that not enough showed it was pursuing the case "in bad faith."
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October 23, 2024
Mich. Panel Reverses Insurer's $1.2M Fire Subrogation Win
A Michigan state appeals court rejected a property insurer's subrogation bid against commercial tenants over a roughly $1.2 million building fire, finding that while the tenants' lease generally required them to keep their property in good condition, there was no specific provision holding them liable for their own negligence.
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October 23, 2024
No More Coverage For Paper Co.'s Pollution Claim, Panel Says
A WestRock Co. subsidiary that owned a Montana paper mill later identified as a Superfund site isn't entitled to additional coverage from its AIG insurer, an Illinois state appeals court ruled, saying two pollution conditions on the property were related and subject to a single $5 million limit of liability.
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October 23, 2024
Insurers Slam Mich. No-Fault Ruling As 'Judicial Activism'
A trade group representing Michigan insurers said an appellate court ruling in a medical provider's suit over nonpayment of auto insurance benefits could encourage gamesmanship in no-fault insurance litigation, in a friend-of-the-court brief filed on Tuesday with the state's top court.
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October 23, 2024
Crypto Co. Says Insurer Owes $3.4M For Damaged Equipment
A Bitcoin mining company's insurer owes more than $3.4 million for damage to processing equipment following a power supply disturbance, the mining company told a Tennessee federal court, arguing that the insurer wrongfully claimed that the loss resulted from excluded wear and tear.
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October 22, 2024
Colo. Justices Suggest Remanding 'Half-Baked' Privilege Case
Colorado Supreme Court justices appeared reluctant Tuesday to do more than remand a case over whether attorney-client privilege protects communications by an insurance company's lawyers with engineers hired for processing a claim, with two justices calling the appeal "half-baked" since the trial judge admitted she used the wrong standard.
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October 22, 2024
AMC Fights Insurer Bid For Toss Of $99.3M Settlement Claim
AMC Entertainment has asked a Delaware judge to summarily toss four insurers' refusals to approve a $99.3 million claim for losses related to the theater chain's settlement with stockholders after the company settled a battle over a preferred share conversion and reverse stock split.
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October 22, 2024
Colo. Justices Doubt Geico Agreed With Man's Crash Claims
Justices of Colorado's highest court appeared skeptical Tuesday of a man's claim that his noneconomic damages for injuries from a car accident were uncontested by his insurance carrier, with one justice citing the policyholder's rejection of settlement offers as evidence of a dispute.
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October 22, 2024
Insurer Wants Payback For Brick Drop On Pa. Law Firm
Bricks and debris fell from an old office building in downtown Pittsburgh, causing more than $51,000 in damage to the roof of Pisanchyn Law Firm, and the insurer of the property housing the firm told a Pennsylvania state court it wants payback.
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October 22, 2024
Ex-Atty Charged With Stealing Settlement Funds From Clients
A former attorney who practiced in Oklahoma and gave up his law license in 2020 amid a disciplinary investigation has been charged in federal court with stealing money his then-clients were owed from settlements between 2015 and 2020.
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October 22, 2024
Insurer Beats Sacramento Kings' COVID-19 Coverage Suit
A California federal court handed a win to the Sacramento Kings' insurer in a coverage dispute over pandemic-related losses that the basketball team and its arena operator incurred, finding that a contamination exclusion bars coverage.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
Ex-Ga. Insurance Commissioner Gives Up Law License
Georgia's justices accepted John Oxendine's voluntary surrender of his law license on Tuesday, months after the former state insurance commissioner was sentenced to prison for his role in a multimillion-dollar medical testing kickback scheme.
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October 21, 2024
Disbarred Conn. Atty Owed $52K In Fees, Appeals Court Told
An attorney disbarred for making false claims in a judicial recusal motion is seeking $52,100 in fees derived from a State Farm car accident settlement and various other sources, telling the Connecticut Appellate Court on Monday that a trial judge improperly weighed the fees during her later discipline case.
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October 21, 2024
US Trustee, Insurers Pan New Syracuse Diocese Ch. 11 Plan
The U.S. Trustee's Office and several insurers objected to the opt-out mechanism for third party releases in the latest Chapter 11 plan from the Roman Catholic Diocese of Syracuse, New York, arguing that such releases are barred by the U.S. Supreme Court's recent decision in Purdue Pharma.
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October 21, 2024
Truck Asbestos Claims Suit Must Be Arbitrated, Court Hears
A group of reinsurers is pressing a California federal court to order Truck Insurance Exchange to arbitrate its claim seeking coverage for millions of dollars' worth of asbestos bodily injury claims filed against Kaiser Cement & Gypsum, which was driven into bankruptcy in 2016.
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October 21, 2024
5th Circ. Asked To Nix Insurer's $2.2M Assault Coverage Win
A group of Texas trial lawyers urged the Fifth Circuit to reverse a Texas federal court's order permitting a bar's insurer to pay only its $1 million limit for a $3.2 million personal injury judgment, arguing the underlying plaintiffs made a valid presuit settlement demand.
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October 21, 2024
Consultants' Bank Data Breach Claim Too Late, Insurer Says
An insurer owes no coverage to consultants defending against a data breach lawsuit involving a California bank because the consultants failed to notify the insurer of the claim in time, the company told a Washington federal court.
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October 21, 2024
Litigation Funding Firms Aim To Escape Hurricane Ad Suit
Two litigation funders are urging a Texas federal court to adopt a magistrate judge's recommendation to toss claims against them in a proposed class action alleging a law firm deceptively advertised to hurricane victims.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
Expert Analysis
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Insurers Have A Ch. 11 Voice Following High Court Ruling
The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Cyber Takeaways For Cos. From Verizon Data Breach Report
Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Reps And Warranties Insurance Considerations As M&A Slows
The first six months of the year have seen increasingly favorable rates and policy terms for the representations and warranties insurance market, and policy purchasers are right to pay close attention to pricing, coverage, exclusions, structures and claims as the M&A market cools, say attorneys at Cooley.
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8th Circ. Insurance Ruling Spotlights Related-Claims Defenses
The Eighth Circuit’s recent Dexon v. Travelers ruling — that the insurer must provide a defense despite the policy’s related-acts provision — provides guidance for how policyholders can overcome related-acts defenses, say Geoffrey Fehling and Jae Lynn Huckaba at Hunton.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Unpacking NY's Revised Hospital Cybersecurity Rule Proposal
The New York State Department of Health's recently revised hospital cybersecurity rule proposal highlights increased expectations and scrutiny around cybersecurity in the healthcare sector, while adapting to both recent industry developments and public comments, say Christine Moundas and Gideon Zvi Palte at Ropes & Gray.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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The Uncertain Scope Of The First Financial Fair Access Laws
With Florida and Tennessee soon to roll out laws banning financial institutions from making decisions based on customer traits like political affiliation, national financial services providers should consider how broadly worded “fair access” laws from these and other conservative-leaning states may place new obligations on their business operations, say attorneys at Sullivan & Cromwell.
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An Insurance Coverage Checklist For PFAS Defendants
With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.