Recent Publications


Second Circuit Rejects Secret-Cookie Suit
April 21, 2017

By now, anyone who uses a cell phone or other method to access the Internet—virtually everyone—has heard of “cookies” intended to track their online activities. Many individuals who object to tracking take steps to block cookies through privacy settings on their web browsers and other technologies. However, in a decision with important implications for those …
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Multiple Sales of Tabletop Torches Were Multiple Occurrences
April 21, 2017

The U.S. District Court for the Southern District of Ohio has ruled that multiple sales of tabletop torches amounted to separate occurrences for purposes of triggering the torch seller’s excess insurance policy. The Case Several lawsuits were filed against Big Lots Stores, Inc., by plaintiffs in Illinois, New Jersey, Pennsylvania, and Texas alleging that they had …
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Losses Allegedly Caused by Debit Card Holders’ Use of Phones Rather Than Computers Were Not Covered by Policy’s Computer Fraud Provisions
April 21, 2017

The U.S. District Court for the Northern District of Georgia has ruled that a company that claimed it suffered losses resulting from the use of telephones to access its processing system could not recover from its insurer for “computer fraud.” The Case InComm Holdings, Inc., and Interactive Communications International, Inc. (together, “InComm”) provided a service …
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Absence of Allegations That Insured Disparaged Underlying Plaintiff Doomed Its Bid for Coverage of Lawsuit
April 21, 2017

A federal district court in Maryland has ruled that an insured was not entitled to “personal and advertising injury” coverage of a lawsuit that did not allege that it had disparaged the underlying plaintiff. The Case Sprint Solutions, Inc., and Sprint Communications Company (together, “Sprint”) sued Unwired Solutions, Inc., d/b/a Linq Services, Inc. (“Linq”) and …
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Pollution Exclusion Precluded Coverage for Suit Alleging Harm from Carbon Monoxide
April 21, 2017

The U.S. District Court for the District of Oregon has ruled that a pollution exclusion in a commercial general liability insurance policy excluded coverage for claims arising from alleged carbon monoxide poisoning. The Case Plaintiffs sued Victory Construction LLC, d/b/a Premier Pools and Spas of Oregon, alleging negligence in the installation and ventilation of a …
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Pollution Exclusion Precluded Coverage for Suits Alleging Violation of Environmental Laws
April 21, 2017

The U.S. District Court for the Northern District of Ohio has ruled that the absolute pollution exclusion precluded coverage for lawsuits against a construction company alleging that it had violated federal and state environmental laws by discharging dredged or fill materials into protected wetlands. The Case JTO, Inc., an Ohio-based construction company, was sued by …
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Exclusions Precluded Coverage for Construction Defect Lawsuit against General Contractor, Ninth Circuit Decides
April 21, 2017 | Insurance Coverage

The U.S. Court of Appeals for the Ninth Circuit has affirmed a decision by a federal district court in California that two policy exclusions precluded coverage for a construction defect lawsuit brought against the insured general contractor. The Case Archer Western Contractors, Ltd., was the general contractor for the San Diego County Water Authority’s emergency water …
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“Your Work” Exclusion Precluded Coverage for Breach of Warranty of Habitability Claim Against Subcontractor, Seventh Circuit Says
April 21, 2017

The U.S. Court of Appeals for the Seventh Circuit has affirmed a decision by a federal district court in Illinois that the “your work” exclusion in a commercial general liability insurance policy precluded coverage for a lawsuit against the insured subcontractor stemming from its allegedly defective installation of windows. The Case Metro North Condominium Association …
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Neither Crime Nor Commercial Property Policy Covered Consultant’s Theft, Seventh Circuit Rules
April 21, 2017

The U.S. Court of Appeals for the Seventh Circuit has affirmed a decision by a federal district court in Indiana that theft by a company’s consultant was not covered by either a crime insurance policy or a commercial property insurance policy. The Case Telamon Corporation, an Indiana telecommunications firm, engaged Juanita Berry – through a …
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What Trump’s “Buy American and Hire American” Executive Order Means for Your Business
April 20, 2017 | Appeals | Commercial Litigation | Corporate

On April 18, 2017, President Trump issued an executive order entitled “Buy American and Hire American.” The Order states that the Executive Branch’s official policy is “to rigorously enforce and administer the laws governing entry into the United States of workers from abroad,” in an effort “to create higher wages and employment rates for workers …
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Honig Quoted in NY Housing Court Story
April 18, 2017 | Real Estate, Zoning & Land Use

Jeremy Honig shared his experience in a story for The Cooperator New York — the Co-Op & Condo Resource. Jeremy noted: “With respect to a holdover proceeding, there may or may not be a predicate notice that must be served before a landlord may commence a proceeding, depending upon the basis for such proceeding. For example, …
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NY Continues to Increase Access to Medical Marijuana
April 18, 2017 | Health Services

Under New York’s medical marijuana program, which is tightly regulated by the New York Department of Health (“DOH”), patients with serious medical conditions can become certified for use of medical marijuana under the supervision of a licensed healthcare provider. As of March 2017, DOH added two enhancements to the program to increase patient access. First, …
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OIG Releases Compliance Program Update
April 18, 2017 | Compliance, Investigations & White Collar | Health Services

On March 27, 2017, the U.S. Office of Inspector General (“OIG”) released a new compliance program guide, Measuring Compliance Program Effectiveness—A Resource Guide (the “Guide”). The Guide was developed by compliance professionals and staff from the U.S. Department of Health and Human Services and OIG, as an effort to help healthcare organizations measure the effectiveness …
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PacerMonitor quotes Cannata
April 14, 2017 | Intellectual Property

Michael Cannata was interviewed for an article entitled, “Patent Trolls’ East Texas Haven Threatened in Supreme Court,” which discusses the TC Heartland v. Kraft Foods case before the U.S. Supreme Court. The case raises the question of whether it is appropriate to resolve a patent infringement claim in Marshall, Texas, if a defendant does not maintain …
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Bank, Sirignano, Kam & Bholan Co-Author Article For ABA’s Tort Trial and Insurance Practice Law Journal
April 14, 2017 | Commercial Litigation | Insurance Fraud

Brian L. Bank, Michael A. Sirignano, Priscilla D. Kam and Michelle A. Bholan co-authored the section Recent Developments in Business Litigation, which was published in the Winter 2017 issue of the American Bar Association’s Tort Trial & Insurance Practice Law Journal. To read the article, Click Here. This information or any portion thereof may not …
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