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

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

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

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

New York Court Of Appeals Limits Scope Of Additional Insured Coverage 

An excavator contracted with the New York City Transit Authority (“NYCTA”) to perform tunnel excavation work on a subway construction project. Its excavation machine touched a live, buried electrical cable, resulting in an explosion and injury to the claimant. The claimant sued the City,

On June 7, 2017, the United States Department of Labor rescinded two critical guidance memos issued during the Obama Administration, one conceived to curb the misclassification of employees as independent contractors and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

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

The U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) announced that St. Luke’s-Roosevelt Hospital Center Inc. (“St. Luke’s”) entered into a HIPAA settlement for $387,200 resulting from the impermissible disclosure of two patients’ protected health information (“PHI”). In addition to the settlement, St. Luke’s has entered into a specific Corrective Action Plan.

Preparing for and delivering a winning oral argument is a skill innate to some, but to most others, it is honed by years of practice and experience. Whether arguing an appeal or motion for summary judgment in a lower court setting, this guideline is intended to provide young lawyers with basic rules for effective and

On May 31, 2017, New York’s Department of Financial Services published the much anticipated final regulations for Paid Family Leave.  The regulations provide critical information that will help New York employers comply with these new legal requirements that are set to go into effect on January 1, 2018.  The law provides eligible employees with job-protected,

United States Magistrate Judge Hugh B. Scott of the United States District Court for the Western District of New York recently held, in a report and recommendation, that a plaintiff must plead that an attorney has been convicted of a misdemeanor before she can state a claim for the recovery of treble damages pursuant to

Court Rejects Insurers’ Defenses To Coverage For Bear Stearns’ Settlement With SEC

Bear Stearns agreed to pay $250 million to resolve claims by the Securities and Exchange Commission that it had facilitated its customers’ late trading and market timing practices in its performance of clearing services on their behalf.  Of that amount, part was labeled

As is frequently the case, a regulatory development or finding will serve as the impetus for activity in the realm of toxic tort. From the plaintiff’s perspective, the underlying science has been given the patina of credibility by the regulatory action; from the defense view, the regulatory action does not elevate the underlying science to

There is a potential compliance “blind spot” associated with what many in the healthcare industry would regard as ordinary practice acquisitions and joint ventures involving hospitals and other provider organizations. This area of possible vulnerability arises from the payment of consideration for what are sometimes insufficiently delineated assets of the target or partner entity. If

Nancy A. Del Pizzo published her article, “Using Open Source Code for Development of ‘Proprietary’ Software,” in the May 10, 2017, issue of Westlaw Journal, Intellectual Property, Litigation News and Analysis.

To read the article, Click Here.