E&O PREVENTION

Lawsuit Alleging Broker’s Negligence Demonstrates Insurance Brokers’ Role In The Cyber Insurance Marketplace

By Todd M. Rowe, Esq. of Tressler LLP  While there is little authority concerning a brokers’ potential liability when a policyholder claims it received inadequate insurance coverage under

Wave of Shootings Puts Workplace Violence Back in the Spotlight

By James L. Curtis, Esq. and Craig B. Simonsen, Esq, of Seyfarth Shaw LLP Seyfarth Synopsis: DHS’s recommendations for active shooter prevention and preparedness is only one piece of an effe

Succession: The Tie That Binds

By Renée Montoya Lado of Family Owned Business Resources Effective succession planning is the tie that binds the family business for multi-generational success. Succession is concerned with pass

Insurers’ Beware: Defending Bad Faith Claim May Lead to Waiver of Privileged Communications

By Wendy N. Enerson, Esq. of Cozen O’Connor On July 27, 2016, the United States District Court for South Carolina ordered an insurer to turn over its privileged communications. The Court exp

Get Your Pokémon Off My Lawn!

By John B. Fraher, Esq. of Gordon Rees Scully Mansukhani, LLP Pokémon Go has quickly become a global phenomenon, but no one seems to be asking, "is placing virtual creatures on the property of o

EU-U.S. Privacy Shield Now Available: What impact will it have on personal data transfers?

By Bart W. Huffman, Esq., Alan D. Meneghetti, Esq., Mark E. Schreiber. Esq., and Thomas J. Smedinghoff, Esq. of Locke Lord LLP  Beginning on August 1, 2016, U.S. companies have a new way to lega

Mobile Apps − Has the Marketplace Downloaded Potential Product Liability Risk?

By Sara J. Papasidero, Esq. of Wilson Elser For many consumers, it is hard to remember performing a daily routine without using a mobile application. App usage starts almost immediately − wit

No Estoppel Where Express Reservation of Rights Letters Were Provided to Policyholders

By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C. In Nationwide Prop. & Cas. Ins. Co. v. Shearer, 2016 U.S. App. LEXIS 9635 (3d Cir. (Pa.) 2016), Randy and Erin Shearer sued a gr

Plaintiff Who Could Not Afford to Pay for Arbitration Was Allowed to Pursue Her Malpractice Action in Court

By Linda L. Streeter, Esq. of Hinshaw & Culbertson LLP Tillman adv. Rheingold Firm, No. 13-56624, 2016 BL 190432 (9th Cir. June 15, 2016) Brief Summary A former client who had agreed

Planning For Long Term Care: The Irrevocable Income Only Trust

By Jeffrey S. Greene, Esq. of Rivkin Radler LLP After many years of hard work, sacrifice and saving, most people look forward to a secure and stress-free retirement. Few, however, consider the prob

Nothing to See Here: Underreporting Cyber Security Incidents Impacts Cyber Insurance

By Todd M. Rowe, Esq. of Tressler LLP Data indicates that large-scale data breaches in 2015 alone resulted in the exposure of approximately 429 million personal records. However, these estimates ar

Pokémon GO: New App Creates Risks For Employers

By Karla Grossenbacher, Esq and Parnian Vafaeenia. Esq. of Seyfarth Shaw LLP  Your employees may be on a quest to catch ‘em all. Over 15 million people have downloaded the Pokémon GO ga

Employer Can Terminate for Opposing Views on the Handling of Bias Complaints

By Marc Zimet, Esq. of Jampol Zimet LLP The U.S. Court of Appeals for the 2nd Circuit recently held that the former director of the New York State Department of Labor could not sue for retaliation

Cyber Threats and Online Defamation: Options When Former Employees Won’t Let Go

By Wendy Sugg, Esq. and Seth Ford, Esq. of Troutman Sanders LLP Online forums where anyone can post comments, reviews, or opinions about a company are growing in popularity.  As a result, employ

Law Firm’s Suit against Partner over Domain Name Highlights Essential Control of Proper Registration

By Adam R. Bialek, Esq. and Alex Kaplan, Esq. of Wilson Elser Partners in a business rarely title real property in the name of one individual partner. Businesses do not let employees title bank acc

Wearable Tech: This Season’s Hottest Litigation Accessory?

By Seth L. Laver, Esq. Timothy M. Gondek , Esq. and Latha Raghavan, Esq. of Goldberg Segalla We appear to be in the midst of a new fitness renaissance.  Trendy fitness programs such as CrossFit,

OCR Announces New HIPAA Guidance on Ransomware

By Gregory Fliszar, Esq. and J. Nicole Martin, Esq. of Cozen O’Connor In response to the increasing prevalence of ransomware cyber-attacks by hackers on electronic health information systems

Bitcoin, Blockchain and Insurance: New Tech, Old Rules

By Stephen D. Palley, Esq. of Anderson Kill P.C. Bitcoin is a kind of digital cash. Transactions are fast and free (if a trading platform isn’t used). They can take place globally in close t

Supreme Court of Texas Rules That Coverage Was Precluded By Policies’ “Leased-In Worker” Exclusion

By Robert Tugander, Esq. of Rivkin Radler LLP The Supreme Court of Texas has ruled that a “leased-in worker” exclusion in commercial general liability insurance policies precluded cover

Accessing Database Violates Computer Fraud and Abuse Act and Economic Espionage Act – Ninth Circuit Affirms Criminal Conviction of Former Employee

By Ravindra K. Shaw, Esq. and Dylan B. Carp, Esq. of Jackson Lewis P.C. The Ninth Circuit recently filed its latest installment in the saga involving David Nosal and his former employer, Korn/Ferry

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