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Using the Affordable Care Act in Defense of Catastrophic Personal Injury Cases

By Kent M. Adams, Esq. and Allison R. Edwards, Esq. of Wilson Elser Courts across the country are beginning to consider the argument that the Affordable Care Act (ACA) serves as a vehicle to limit

Use Of Personal Cloud-Based Document Accounts Requires New Strategies By Employers

By V. John Ella, Esq. and Jillian M. Flower, Esq. of Jackson Lewis P.C. Whether Google Docs, Dropbox, or some other file sharing system, employees, especially millennials and other digital natives,

Upon Rescission for Material Misrepresentation, Insurers Need Not Defend or Indemnify Insured

By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C In Thomas DeMarco v. Sean Robert Stoddard, D.P.M., 2015 N.J. LEXIS 1237 (N.J. December 1, 2015), Defendant Sean Robert Stoddard, D.P.

U.S. Supreme Court Decision Might Foreshadow Expansion of the Qualified Immunity Defense in Excessive Force Cases

By Lalit K. Loomba, Esq. of Wilson Elser The past several years have seen a slew of high-profile excessive force cases, often highlighted by cell phone or dash-cam video. These cases have placed in

U.S. Supreme Court Rules in Favor of Employer Shifting Health Costs to Retired Employees

  By Marc J. Zimet, Esq. of Jampol Zimet, LLP On January 26th, 2015 the U.S. Supreme Court ruled in favor of an employer which amended its collective bargaining agreement. The ruli

Understanding the E&O Insolvency Exclusion

By W. Burke Coleman, Demotech, Inc.   Many agents’ errors and omissions insurance policies exclude coverage for claims based upon or arising out of the insolvency of an insurance

Under the Right Circumstances, an Insured Entitled to “Independent Counsel” in California Can Retain More Than One Firm

By Carey B. Moorehead, Esq. of Wilson Elser In a case of first impression, a California District Court has ruled that California law does not preclude an insured from retaining multiple law firm

U.S. Supreme Court Issues Important Decision Affecting Fiduciaries of ESOPs

By Emily A. Hayes, of Wilson Elser Moskowitz Edelman & Dicker LLP    In a recent decision, Fifth Third Bankcorp v. Dudenhoeffer, 189 L.Ed. 2d 457 (2014), the U.S. Supreme Court vacated

Understanding the Importance of Certificates of Authority Withdrawals for Non-Resident Insurance Licensing for Insurance Agencies

By Barbara Donnar, CEO of Supportive Insurance Services   As an insurance agency, in order to do businesses in a non-resident state, you need to file a non-resident insurance licensing applicat

Understanding the Complexity of Affordable HealthCare Act

By Aaron Peterson, Editor Agents Advantage   The New Year has begun but some things haven’t changed/ Employers wrestle daily with business issues and need to make decisions.   Why d

U.S. Supreme Court Upholds Long-Standing Tax Treatment of Severance Pay

By Bruce Schwartz, Esq. of Jackson Lewis P.C.   The U.S. Supreme Court has held unanimously that severance compensation paid to involuntarily terminated employees is taxable wages subje

Understanding Obamacare

 By Aaron Peterson, Editor Agents Advantage   As part of the Affordable Care Act individual mandate, U.S. citizens and legal residents will be required to have qualifying health coverage s

Understanding LinkedIn & How It Can Grow Your Business

    By Steven Miltonberg, Co-Founder/CEO of iLikeUs Marketing To advance your business, you need to stay current on trends and continue to innovate.   A powerful and effec

U.S. Supreme Court Ruling on Retaliation Claims Imposes "But For" Burden of Proof Standard

By Goldberg Segalla, LLP   People often say it’s not the crime that will do you in, it’s the cover-up. In some ways, that sentiment has been applicable to retaliation claims for all

U.S. Supreme Court Rules Legally-Married Same-Sex Spouses Entitled to Federal Recognition and Lifts California Ban on Same-Sex Marriages

By Jackson Lewis LLP   The United States Supreme Court has issued two decisions that expand same-sex marriage rights. In the first, United States v. Windsor, No. 12-307 (June 26, 2013), the Court

Unambiguous Pollution Exclusion Knocks Out Neighborhood Mass Tort Action

  By Andrew E. Grigsby of Hinshaw & Culbertson LLP   Mt. Hawley Insurance Company v. Dania Distribution Center Ltd.,

Utah Enacts the Internet Employment Privacy Act: The Good, the Bad and the Ugly

By Scott Sweeney, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP   Joining Maryland (SB 433), Illinois (HB 3782), California (AB 1844), Michigan (PA 478) and New Mexico (SB 371), Utah

Use of Hurricane Deductibles in the Northeast States

By Fred Pomerantz, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP & Robert P. Suglia[1] SVP and General Counsel of Amica Mutual Insurance Group,   The severe weather ev

Understanding the Value of a Defined Contribution (DC) Strategy for the Overall Employee Benefits Design

By Philip W. Eide, President BenefitPlace.biz and BPTradeShow.com     DC Plans are starting to receive substantial interest and traction among Agents, Brokers, Consultants, TPAs, and Employe

U.S. Supreme Court Upholds Health Care Reform

By Howard J. Franco, Jr., Esq. & Eric Brown, Esq. of Collins Collins Muir + Stewart LLP     A sharply divided United States Supreme Court upheld the Patient Protection and Affordable

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