The U.S. Court of Appeals for the Sixth Circuit has ruled that a trademark exclusion in a commercial general liability (“CGL”) insurance policy precluded coverage for a trademark infringement lawsuit where that suit did not allege any potentially covered claims of disparagement and trade dress infringement.

The Case

Eden Foods, Inc., sued S. Bertram, Inc.,

Marc Ullman’s article entitled, “Ransomware: A Threat to Any Business, Large or Small,” was recently published by Natural Products Insider.

According to a recent report by Malwarebytes, an anti-malware software company, a whopping 39 percent of the 540 companies from the United States, Canada, Germany and the United Kingdom surveyed in June 2016 suffered some form

On September 13, 2016, New York Governor, Andrew Cuomo, announced a new regulation that would require banks and insurers to implement cyber security programs. The regulation is the first of its kind not only in New York but in all of the United States. While the regulation would only apply to banks and insurers licensed

Court Permits Plaintiff to Proceed Under a Pseudonym with Complaint Seeking Long-Term Disability Benefits

The plaintiff in this case, who alleged that she suffered from HIV/AIDS, brought a lawsuit under the Employee Retirement Income Security Act (ERISA) to recover benefits she asserted were due to her under a long-term disability insurance benefit plan sponsored by her former

The L-1 visa permits employees working abroad to enter the United States and work as a manager, executive, or worker in a specialized knowledge capacity.  Many United States companies petition for L-1 visas so that high-level executives can transfer from a foreign office to an existing U.S. office, but employees may also be eligible for

Insurer Need Not Indemnify Insured For Property Damage Attributable To Periods When Liability Insurance Was Unavailable

Keyspan Gas East Corporation brought a declaratory judgment action seeking indem-nification for the costs of environ-mental clean-up at two gas plants. The Appellate Division, First Department, deciding an issue of first impression in New York State appellate courts, held

In a civil case involving claims of insurance fraud, the fact-finder is properly instructed to consider factors beyond the formal indicia of ownership in determining the actual ownership of a medical services professional corporation (PC) for purposes of examining the PC’s entitlement to payment from an insurance carrier of claims assigned to the PC by

“Sewage” Is Pollutant Under Pollution Exclusion, New York Federal Court Rules

Families residing near Love Canal sued Roy’s Plumbing, Inc., alleging that its negligence had led to the discharge of hazardous chemicals onto their property and into their homes. Roy’s sought coverage from its insurer, arguing that its policy’s total pollution exclusion did not apply

Nancy Del Pizzo and Gene Kang have published an article entitled, “Cybersecurity Rulings Tap Insurance and Standing Issues,” in the American Bar Association’s Section of Litigation, Intellectual Property, Practice Points section.

To read the article, Click Here.

Tribal Government’s ERISA Claims Against Blue Cross May Proceed, Court Rules

The Little River Band of Ottawa Indians, a federally recognized Indian tribe, entered into an administrative services contract (ASC) with Blue Cross & Blue Shield of Michigan that provided that the Little River Band was a “self-funded” customer of Blue Cross. As provided in

Geoffrey Kaiser has published an article entitled, “False Claims Violations in a Post-Escobar World,” in the August 15, 2016 issue of Corporate Compliance Insights.

Click Here to read the complete article.

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Geoffrey Kaiser has published an article entitled, “False Claims Violations in a Post-Escobar World,” in

Leonard L. Rivkin, the founding partner of Rivkin Radler, has decades of experience as national trial counsel in high profile, landmark, and precedent-setting cases.

Len served as lead counsel on the Agent Orange class action suit and was national coordinating counsel for a major asbestos manufacturer in claims against the United States and the company’s

The six significant insurance law decisions issued this past term by the New York Court of Appeals covered a wide range of issues. Five of the cases were decided by a unanimous Court, with a dissent (by Judge Eugene M. Fahey) occurring only in one.1 Four different judges wrote an opinion for the Court (Judge

The U.S. Court of Appeals for the Sixth Circuit, affirming a district court’s decision, has ruled that an insurance company was not obligated to defend an attorney against a lawsuit filed during the pendency of her policy where, years earlier, she “knew or could have foreseen” that the lawsuit would be filed but had not

An appellate court in New Jersey, affirming a trial court’s decision, has ruled that a “professional services” exclusion in a commercial general liability (“CGL”) insurance policy issued to an engineering firm precluded coverage for claims against the firm asserting professional negligence.

The Case

EIC Group, LLC, an engineering firm, was sued by New Jersey property