The U.S. Court of Appeals for the Fifth Circuit has ruled that, based on a “drilling rig” exclusion, an excess insurer on a marine insurance policy was not required to reimburse its insured for payments in a personal injury settlement.

The Case

An employee of Offshore Energy Services alleged that he was injured while working

The Montana Supreme Court has ruled that a policy’s “earth movement” exclusion precluded coverage for a claim that a boulder fell down a hill and damaged an insured cabin.

The Case

A large boulder dislodged from a hillside several hundred feet from a vacation cabin near Sheridan, Montana. The boulder fell down the hillside and

A federal district court in Washington has ruled that an insured company was not entitled to coverage for losses caused when a hacker directed one of the insured’s employees to change a vendor’s bank account information on its computer system.

The Case

Aqua Star (USA) Corp., a seafood importer, purchased frozen shrimp from Zhanjiang Longwei

The New Jersey Supreme Court has ruled that rain water damage allegedly caused by a subcontractor’s faulty workmanship constituted “property damage” and an “occurrence” under a property developer’s commercial general liability (“CGL”) insurance policy.

The Case

A condominium association in New Jersey sued its developer and general contractor for damage to the interior structure, residential units,

Mark Fails To Satisfy Lawful Use Requirement

The Trademark Trial and Appeal Board (“the Board”) affirmed the refusal to register HERBAL ACCESS on the grounds that the mark was not used in lawful commerce.  The Board started its analysis with the principle that to qualify for federal trademark protection, the mark must be lawfully used

Federal and state regulators are bringing more and more enforcement proceedings to challenge the adequacy of corporate privacy practices. Although the best course for businesses is to be proactive and develop privacy rules that meet all applicable requirements before government steps in, a review of various privacy-related settlements that agencies recently have reached suggests a

In a hotly contested issue of first impression, the Appellate Division, First Department, has joined a multitude of jurisdictions and has ruled that attorneys who seek the advice of their own law firm’s in-house counsel on their ethical obligations in representing a current client of the firm may invoke the attorney-client privilege to resist subsequent

The Appellate Division, Second Department, recently issued a decision, Lewis, Brisbois, Bisgaard & Smith, LLP v. Law Firm of Howard Mann, addressing the concept of equitable recoupment in the context of attorneys’ actions for legal fees against former clients.

Pursuant to a written retainer agreement, Howard Mann of the Law Firm of Howard Mann retained

When an employer sponsors an employee for an H-1B or L-1 visa, the employer agrees to comply with on-site compliance reviews.  The United States Citizenship and Immigration Services (USCIS), which conducts such on-site compliance reviews through the Fraud Detection and National Security (FDNS) directorate, will often visit an employer unannounced and will not typically reschedule

After many years of hard work, sacrifice and saving, most people look forward to a secure and stress-free retirement. Few, however, consider the probability of needing costly long-term care, either at home or in a nursing home.

According to the AARP, approximately 70% of Americans will need some type of long-term care. Nursing homes in

An F-1 Visa allows foreign nationals to enter the United States to study full time at an academic institution.  Students on an F-1 Visa can participate in an Optional Practical Training (OPT) while they are still attending school (pre-completion OPT) or after they graduate (post-completion OPT), or both. A student on a F-1 Visa is

Insurer Must Provide “Specific Objective Justification” For EUO Request Upon Provider’s Timely Inquiry

Avalon Radiology P.C. submitted no-fault claims to Ameriprise Insurance Company, and the insurer noticed an examination under oath (“EUO”) for Avalon. Avalon responded with a letter asking for the good faith, objective reason for Ameriprise’s request for an EUO pertaining to Avalon’s

The Centers for Medicare & Medicaid Services (“CMS”) recently released a proposed rule that would implement Section 603 of the Bipartisan Budget Act of 2015 (the “Act”) and could significantly limit payments made under the Hospital Outpatient Prospective Payment System (“OPPS”), effective January 1, 2017.

Specifically, the proposed rule would greatly affect Medicare payment for

A recent ruling[1] by the Internal Revenue Service has raised concerns about the applicability of tax-exempt status to accountable care organizations. The IRS has taken action which will cause tax-exempt organizations to pause and carefully examine their participation in ACOs or other provider networks, particularly when such an ACO or network does not participate in the Medicare Shared

The Supreme Court of California has ruled that a trial court’s post-verdict award of attorneys’ fees to an insured may be included in the amount of compensatory damages awarded to the insured for purposes of determining the punitive-compensatory damages ratio.

The Case

A man who spent weeks confined to a hospital bed at the Department