Recent Publications


Court Rejects Insured’s Attempt To “Shoe-Horn” Trademark Infringement Claims Under Advertising Injury Provisions
October 13, 2016 | Intellectual Property | Insurance Coverage

The U.S. District Court for the Central District of California recently rejected efforts by an insured to procure coverage for allegations of trademark infringement under its “Personal and Advertising Injury” insurance coverage.  Infinity Micro Computer, Inc., et al. v. Continental Casualty Company, et al., 2016 U.S. Dist. LEXIS 134957 (C.D. Cal. Sept. 29, 2016).

In

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Changes in Legal Malpractice Claims Profile Reflects a Stabilizing Economy
October 11, 2016 | Professional Liability

Avigael C. Fyman’s article entitled “Changes in Legal Malpractice Claims Profile Reflects a Stabilizing Economy” has been published in the ABA/BNA Lawyer’s Manual on Professional Conduct.

To read the complete article, Click Here.

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So You’re Hiring Your First Employee…
October 4, 2016 | Corporate

As an entrepreneur starting your own business, you have a lot to think about.  Hiring your first employee is no exception.  Federal law requires employers to verify every employee’s identity and work authorization by completing and retaining an Employment Eligibility Verification (Form I-9) for each employee.  This obligation can present challenges to an employer hiring

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Caffeine’s Rise to Controversy and Popularity in Helping Consumers Attain Energy
September 29, 2016 | Health Services | Compliance, Investigations & White Collar

Caffeine seems to have been around forever. I do not remember my first cup of coffee or my first can of cola, but I do remember the over-the-counter (OTC) stimulant drug products containing 200 mg of caffeine that were an absolute necessity for most of my classmates to survive freshman year of college and first

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HIPAA Phase 2 Audit Protocol: Would Your Client Pass the Test?
September 22, 2016 | Health Services

Benjamin Malerba’s and Ada Kozicz’s article entitled HIPAA Phase 2 Audit Protocol: Would Your Client Pass the Test was published by the American Bar Association.

The United States Department of Health and Human Services’ Office for Civil Rights (OCR) recently released its protocol for the next phase of audits that will be conducted throughout

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RINs Were Not Property Covered by Policies, Illinois District Court Concludes
September 21, 2016 | Insurance Coverage

A federal district court in Illinois has ruled that “renewable identification numbers” (“RINs”) were not property covered by various insurance policies issued to a company that had purchased biodiesel fuel with RINs.

The Case

Superior Fuels, Inc., alleged in the lawsuit that it filed against e-Biofuels, LLC, that it had purchased biodiesel fuel from e-Biofuels

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Employment-Related Practices Exclusion Precluded Coverage, Indiana District Court Says
September 21, 2016 | Insurance Coverage

A federal district court in Indiana has ruled that an employment-related practices exclusion in a commercial general liability (“CGL”) insurance policy precluded coverage of claims brought by the insured company’s former chief executive officer (“CEO”) against officers and directors of the company.

The Case

After Global Caravan Technologies, Inc. (“GCT”) was formed and began operating,

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Total Pollution Exclusion Precluded Coverage, Ohio District Court Decides
September 21, 2016 | Insurance Coverage

A federal district court in Ohio has ruled that a total pollution exclusion in a commercial general liability (“CGL”) insurance policy precluded coverage for the costs of cleaning up Lake Erie after roofing tar had escaped from a roof and flowed into the lake.

The Case

Ronald L. Myers and his sole proprietorship, Myers Recycling

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Products Exclusions Precluded Coverage, Eleventh Circuit Finds
September 21, 2016 | Insurance Coverage

The U.S. Court of Appeals for the Eleventh Circuit has ruled that products exclusions in commercial general liability (“CGL”) insurance policies precluded coverage for claims against an insured pharmaceutical company that its products had led to widespread prescription drug abuse in West Virginia.

The Case

The State of West Virginia sued Anda, Inc., and other

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Precious Metals Exclusion Precluded Coverage, Fifth Circuit Affirms
September 21, 2016 | Insurance Coverage

The U.S. Court of Appeals for the Fifth Circuit has ruled that the precious metals exclusion in an all-risk commercial property insurance policy precluded coverage for the insured’s claim that thieves had stolen its air conditioning units’ condensers.

The Case

Celebration Church, Inc., discovered that thieves had opened seven air conditioning units installed on the

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Trademark Exclusion Precluded Coverage, Sixth Circuit Rules
September 21, 2016 | Insurance Coverage

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.,

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Ransomware: A Threat to Any Business, Large or Small
September 20, 2016 | Health Services | Compliance, Investigations & White Collar

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

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New York Proposes Cyber Security Regulations for Banks and Insurers
September 16, 2016 | Privacy, Data & Cyber Law

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

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Employee Benefit Plan Review – From the Courts – September 2016
September 6, 2016 | Insurance Coverage | Labor & Employment

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

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L-1 Visa to Open a New Office in the United States
September 6, 2016 | Corporate

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

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