E&O PREVENTION

Is Data Really a “Toxic” Asset?

By Richard Lutkus, Esq., Natalya Northrip, Esq. and Jaime Raba, Esq. of Seyfarth Shaw LLP In his “Data Is a Toxic Asset” blog post, Bruce Schneier argues that data is a toxic asset and

Big Data in the Insurance Industry

By Jay DAprile of Slayton Search Partners It’s no secret that, since the moment the first email was sent in 1971, technology has been one of the most disruptive game changers in every indust

Case Reminds Insurance Agents to Review Process of Receiving Approval from Insureds Before Submitting Applications to Carriers

By Donald A. O'Brien Esq. of Hinshaw & Culbertson LLP Schmidt v. Indiana Insurance Co., No. 22S01-1507-PL-412, Supreme Court of Indiana, December 2, 2015 Plaintiff was the owner of a house

Privacy Law and Social Media: Why Employers Should Create and Update Social Media Policies

By Joseph P. Breen, Esq. of Gordon Rees Scully Mansukhani, LLP When can an employer discipline an employee who uses social media to distribute content online that could be detrimental to the employ

Duties of the Unintended Email Recipient

By Seth L. Laver, Esq., Jennifer M. Mannion, Esq. and Christopher G. Floreale. Esq. of Goldberg Segalla Model Rule of Professional Conduct 1.6(c) provides that “A lawyer shall make reasonable

The General Data Protection Regulation: What Insurers Should Do Now to Prepare for Its Implementation

By Alan D. Meneghetti, Esq. of Locke Lord LLP The General Data Protection Regulation (GDPR or Regulation) has been approved by European Union (EU) members as well as the Council of Europe and, at t

Domestic or Workplace Violence and How To Tell the Difference

By Robert J. Fitzgerald, Esq., of Marshall Dennehey Warner Coleman & Goggin, P.C. Key Points: The burden of proof remains on the petitioner to show that injuries both arose out of and were

New Guidance on Employee Wellness Programs

By Yoora Pak,, Esq. and Janice P Gregerson, Esq. of Wilson Elser Employee wellness programs are becoming increasingly popular in the workplace as a way to boost employee morale and increase product

Attorneys Who Intentionally Breach a Fiduciary Duty May Owe Counsel Fees to a Nonclient

By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C. In Innes v. Marzano-Lesnevich, 2016 N.J. LEXIS 331 (N.J. Apr. 26, 2016), Plaintiff Peter Innes and his wife, Maria Jose Carrascosa,

Limitations Period for Constructive Discharge Claims Runs From the Date of Discharge, Not From Date of Last Discriminatory Act

By Philip R. Voluck, Esq., Jeffery S. Matty, Esq. and Rina Bersohn, Esq. of Kaufman Dolowich & Voluck, LLP On May 23, 2016, the Supreme Court of the United States issued a decision in Green v.

Minimizing the Risk of Workplace Violence During Employee Terminations

By Kathleen M. Bonczyk, MBA, Esq. According to the Occupational Safety and Health Administration (“OSHA”), approximately two million American workers experience workplace violence each

Agent Had No Duty to Produce Additional Insurance Coverage For Lost Rent and Soft Cost Without a Specific Request

By Donald A. O'Brien, Esq. of Hinshaw & Culbertson LLP APM, LLLP v. TCI Insurance Agency, Inc., No. 20150243, Supreme Court of North Dakota, March 15, 2016 Plaintiff, a property management c

Monitoring Employee Communications: A Brave New World

By Karla Grossenbacher, Esq. of Seyfarth Shaw LLP Over the last decade, communication via email and text has become a vital part of how many of us communicate in the workplace. In fact, most employ

Millennials’ Work Ethic & Employment Realities

By Michael Mercer, Ph.D. Complaints about hiring millennials make big news. People say Millennials are lazy, uninterested in working, and goof-off a lot. “It’s like déjà vu al

No Prejudice Needed When an Insured Settles Without the Insurer’s Consent

By Michael Lettiero, Esq. and Louis H. Kozloff, Esq. of Goldberg Segalla In Travelers Prop. Cas. Co. of Am. v. Stresscon Corp., 2016 Colo. LEXIS 419 (Colo. April 25, 2016), Colorado was faced with

Insurance Coverage Update – Interplay of Extended Reporting Period and Subsequent Claims-Made Policy

By Christopher J. Bannon, Esq. of Aronberg Goldgehn Davis & Garmisa The U.S. District Court for the Northern District of Indiana recently addressed an important issue for claims-made insurers

Phishing and Spoofing Scams — A Few Tips to Protect Yourself and Your Business

By Katie M. Sluss, Esq. of Cozen O'Connor The phone rings.  The caller ID says it’s your attorney’s office.  When you answer, you are told you owe your attorney additional money

Privacy Law and Social Media: Why Employers Should Create and Update Social Media Policies

By Joseph P. Breen, Esq. of Gordon Rees Scully Mansukhani, LLP.  When can an employer discipline an employee who uses social media to distribute content online that could be detrimental to the e

Labor Department Issues New Overtime Rules: Minimum “Exempt” Salary Threshold Raised and Millions of Additional Workers Entitled to Overtime

By Bennett Pine, Esq. of Anderson Kill P.C. On May 18, 2016, President Obama and the Labor Department issued the much anticipated final rule regarding overtime regulations, which significantly rais

Be Careful in Granting Profits Interests to Your Key Employees; New IRS Regulations Suggest the IRS is Keen on Form K-1 Filing

By Benjamin Ferrucci, Esq. and Karl P. Fryzel, Esq. of Locke Lord LLP On May 5, 2016, the Department of Treasury and the Internal Revenue Service published final and temporary regulations amending

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