Recent Publications


No Coverage for Suit Claiming Insured Attacked, Assaulted, Struck, and Stabbed Victim, Even If It Sought Damages for Negligence
June 21, 2017 | Array | Insurance Coverage

A federal district court in Illinois has ruled that an insurer was not obligated to defend its insured in an action alleging that he had attacked, assaulted, struck, and stabbed someone, even if the complaint against him asserted that he had been negligent. The Case After Connie McElhaney sued Robert Heitbrink, alleging that he had …
Read More

Blockchain: Unlinking Hype from Reality
June 21, 2017 | Array | Privacy, Data & Cyber Law

On June 15, 2017, AIG and Standard Chartered Bank announced the first multinational smart contract-based insurance policy to function on the blockchain. AIG partnered with IBM to manage and place multiple insurance policies across multiple countries by using an advanced blockchain framework.  In essence, the bank’s clients in the U.K., U.S., Singapore and Kenya will …
Read More

No Coverage for Fraudulent Transfer Claims Where Acts Preceded Policy’s Effective Date
June 21, 2017 | Array

The U.S. Court of Appeals for the Eleventh Circuit has ruled that an insurance policy’s prior acts exclusion precluded coverage for claims against a bankrupt company’s officers relating to alleged fraudulent transfers. The Case The U.S. Treasury Department’s Office of Thrift Supervision (“OTS”) began investigating BankUnited FSB in January 2008. By August, news reports were …
Read More

No Coverage for Suit Alleging Restaurant Had Refused to Allow Customer to Bring in His Service Dog
June 21, 2017 | Array | Insurance Coverage

A federal district court in West Virginia has ruled that an insurance policy did not cover claims that a restaurant had refused to allow a customer to bring his service dog into the restaurant. The Case Scott Ullom sued Grand China Buffet & Grill, Inc., and Qi Feng Chen in his capacity as “Director, Incorporator, …
Read More

No Coverage Where Final Judgment Found That Insured Had Engaged in Intentional Fraud
June 21, 2017 | Array

A magistrate judge has recommended that a federal district court dismiss a coverage action brought by an insured where a final judgment had determined that the insured had engaged in intentional fraud in his securities transactions. The Case Daniel Imperato sued the insurance company that had issued a directors and officers liability insurance policy to …
Read More

No Coverage for Damage from Insured’s Operations That Had Not Been “Unexpected”
June 21, 2017 | Array

A federal district court in Alabama has ruled that commercial environmental insurance policies did not cover claims for damage caused by the insured’s business operations where the damage had not been “unexpected.” The Case SmarterFuel Inc. and Smarter Fuel South, LLC, bought and picked up catfish waste from catfish farms and used cooking oil from …
Read More

Home Builder’s Schematics Were Not Advertisements for Purposes of Advertising Injury Coverage
June 21, 2017 | Array

The U.S. Court of Appeals for the Eleventh Circuit has ruled that an insurance company had no duty to indemnify an insured home builder that allegedly infringed copyrighted house designs, finding that the builder’s schematics were not advertisements for purposes of the policy’s advertising injury provisions. The Case Home Design Services, Inc., sued Highland Holdings, …
Read More

Insurers Had No Duty to Defend Insured in Spyware Action
June 21, 2017 | Array | Insurance Coverage

The U.S. Court of Appeals for the Ninth Circuit has ruled that insurers were not obligated to defend their insured against claims that the insured had violated a person’s “right of privacy” where one complaint had not alleged publication of private material and the other fell within the Recording and Distribution exclusion. The Case Aspen …
Read More

Insured Did Not Own Earnings Allegedly Stolen from Limited Partnership, Dooming Coverage Bid
June 21, 2017 | Array

The U.S. Court of Appeals for the Eighth Circuit has ruled that 3M Company was not entitled to insurance coverage for fraud losses it allegedly had suffered in a limited partnership. The Case 3M invested assets from its employee benefit plan in WG Trading Company LP, in a transaction that it structured as a limited …
Read More

Professional Liability Exclusion Precluded Coverage for Suits against Inspection Company
June 21, 2017 | Array | Insurance Coverage

A federal district court in South Carolina has ruled that a professional liability exclusion in insurance policies issued to an inspection services company precluded coverage for lawsuits alleging that the company had been negligent. The Case Eight state lawsuits against Morningstar Consultants, Inc. (“MCI”) alleged property damage to certain construction projects for which MCI allegedly …
Read More

Asserting Damages for Data Piracy Under the CFAA
June 20, 2017 | Array | Complex Torts & Product Liability | Professional Liability | Privacy, Data & Cyber Law

Data often is the lifeblood of a business. When a database is breached in one way or another, the results can be devastating—especially if the data falls into the hands of a competitor. Many companies suffering this kind of loss turn to litigation. Perhaps in an effort to obtain federal court jurisdiction, they may assert …
Read More

SCOTUS: Provision Barring Registration of Disparaging Trademarks Unconstitutional
June 19, 2017 | Array | Intellectual Property

It has been a long road for Simon Tam and his bandmates in the rock group “The Slants.”  Back in November 2011, Tam filed a trademark application for THE SLANTS for use in connection with “entertainment in the nature of live performances by a musical band.”  In doing so, Tam hoped to reclaim the otherwise …
Read More

Trump-Era DOL Withdraws Two Pro-Employee Guidance Memos
June 9, 2017 | Employment & Labor

On June 7, 2017, the United States Department of Labor rescinded two critical guidance memos issued during the Obama Administration, one conceived to curb the misclassification of employees as independent contractors and another that broadened liability for joint employment. These moves signal a shift toward less vigorous enforcement by the Department and a return to …
Read More

Pre-Petition Waivers of Bankruptcy Protection: Typically Unenforceable
June 8, 2017 | Stuart Gordon and Matthew Spero | Bankruptcy

Stuart Gordon’s and Matthew Spero’s article, “Pre-Petition Waivers of Bankruptcy Protection: Typically Unenforceable,” was published in the June 2017 issue of LexisNexis’ Emerging Issues Analysis. To read the article, Click Here.

.health Domain Name Now Available for Trademark Holders
June 8, 2017 | Benjamin Malerba and Ada Kozicz | Health Services

Dothealth LLC, the company that operates the official registry for the .health domain name, has announced the first phase of .health’s public launch. During this initial “Sunrise Phase” trademark owners that are registered with ICANN’s Trademark Clearinghouse will have the first opportunity to register for the new domain name. This phase is open now through …
Read More

Next Page

Legal updates and news delivered to your inbox