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,Insured’s Late Notice Dooms One Insurer’s Claim against Another
By Robert Tugander, Esq. of Rivkin Radler LLP An appellate court in Illinois, affirming a trial court’s decision, has ruled that an insurer could not recover a settlement payment from anotheAgent Not Liable for Not Obtaining Additional Coverage
By Donald A. O’Brien, Esq. of Hinshaw & Culbertson LLP Defendant, an insured construction inspection firm, stored its computer data offsite on servers owned by plaintiff technology firm.Open Communication and Collaboration Make Campus Networks Vulnerable to Cyberattack
By Scott Sweeney, Esq. and Elayna M. Fiene, Esq. of Wilson Elser Institutions of higher education face growing threats from cyber attackers. Instances of attacks on universities are increasing, witRescission Available to Insurer Whose Insured Lied in Insurance Application About Use of Experimental Weight Loss Techniques
By Clayton D. Waterman, Esq. & Christian A. Cavallo, Esq. of Goldberg Segalla In Essex Insurance Company v. Galilee Medical Center S.C d/b/a MRI Lincoln Imaging Center, the insured, Galilee, reCreating Federal Jurisdiction for Trade Secrets Litigation
By Mark W. Freel, Esq. of Locke Lord LLP Federal courts around the country will be granted broad original jurisdiction over virtually all trade secrets litigation if the U.S. House of RepresentativBootstrapping Expert Testimony – Restrictions on Using Records from a Treating Physician to Challenge Plaintiff’s Expert at Trial
By Michael S. Levenson, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C. Key Points: Medical records are generally admissible under the business records exception to the hearsay banInsurers Must Exercise Caution in Denying PIP Claims Without Sound Medical Evidence or Risk Exposure to Claims Of Bad Faith
By Dana M. Kanellakes, Esq. of Tressler LLP The court held, in McGee-Grant v. American Family Mutual Ins., 2016 WL 126429 (W.D. Wash. Jan. 12, 2016), that the insurer violated Washington’s UAn Equally Divided Supreme Court Holds Spousal Guarantors Cannot Bring Discrimination Claim Against Creditors Under the Equal Credit Opportunity Act
By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C. In Hawkins v. Community Bank of Raymore, 577 U.S. ___ (March 22, 2016), the Community Bank of Raymore in Missouri approved $2 millioInsurance Agents Liable for Submitting Application With Incorrect Information That Client Signed Without Reading
By Donald A. O’Brien, Esq. of Hinshaw & Culbertson LLP The Tennessee Supreme Court, in a case of first impression, recently held that insurance agents may be held liable to insureds forThe Inexplicit Requirement and Definitive Necessity for Employers to Implement Privacy Policies
By Lillian Chaves Moon, Esq. of Jackson Lewis P. C. In the face of seemingly daily news reports of company data breaches and the mounting legislative concern and efforts on both the state and federIs Cannabis Inventory Covered by Commercial Property Insurance?
By Adam J. Detsky, Esq. of Wilson Elser A lingering question for the growing cannabis industry has been to what extent insurance could, would or should cover product inventory. Now we have a preliFacebook + FMLA Leave = Termination
By Seth L. Laver, Esq., Michael P. Luongo , Esq. and Gary A. Marshall, Jr. Esq. of Goldberg Segalla Had a great vacation? Post it on Facebook. Fun surfing? Post that too. Swam some laps while on FMTop 10 Financial Institution Considerations for 2016: #4 – Data Security and Privacy
By Joseph E. Silvia, Esq., Bart W. Huffman, Esq. and Charles M. Salmon, Esq. of Locke Lord LLP In our initial article announcing our top 10 considerations for financial institutions in 2016, whichRevisiting Employee vs. Independent Contractor Status in the Digital Age
By Bennett Pine, Esq. of Anderson Kill P.C. In a recent Wall Street Journal article spotlighted research showing that in many industries, software and other forms of technology have increasingly taEEOC Drafts Proposed Enforcement Guidance on Retaliation
By Philip R. Voluck, Esq. of Kaufman Dolowich & Voluck, LLP Last month the EEOC announced yet another new initiative aimed at eliminating systemic discrimination in the workplace: retaliation.NLRB Holds Rule Prohibiting Employee Recording Unlawful
By Marc Zimet, Esq. of Jampol Zimet LLPÂ On December 24th, an administrative law judge for the NLRB issued a ruling in several cases, including one against Whole Foods Market, holding that an emArbitration Provision Must Be Sufficiently Conspicuous to the Parties
By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C. The case Noble v. Samsung Electronics America, No. 15-3713 (D.N.J. March 12, 2016) involves allegations that Samsung misrepresentedCalifornia Court Upholds Liability Policy’s Remodeling Limitation and Residential Construction Exclusion
By Ashley L. Conaghan, Esq. of Tressler LLP In Nazarian v. Colony Insurance Company, 2016 WL 471853 (Cal. App. February 8, 2016), the California Court of Appeals held that an insurer owed no duty tMeet The Experts
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