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We're pleased to announce Law360's Rising Stars for 2021, our list of 180 attorneys under 40 whose legal accomplishments transcend their age.
Six Flags Entertainment Corp. says a Travelers unit wrongfully refused to cover it in underlying investor class litigation and a U.S. Securities and Exchange Commission investigation over inflated stock prices after the company allegedly exaggerated overseas business successes.
In a major loss for hundreds of businesses in western Washington state, a federal judge found Friday that pandemic losses they sustained are not covered by their policies because they didn't show the virus caused physical loss or damage.
A Pennsylvania federal judge on Friday left intact the majority of a proposed class action filed by travel insurance buyers against Arch Insurance Co. over denied coverage for travel plans that were canceled due to the coronavirus pandemic.
An art class company has urged the Fourth Circuit to revive its proposed class action seeking pandemic-related loss coverage from Cincinnati Insurance Co., saying a West Virginia federal court wrongly asked it to show virus infections to allege physical harm.
Insurance companies notified two years too late of a murder and assault at an Atlanta apartment complex don't have to indemnify the apartments' owner and manager for the $7 million settlement of an underlying suit, the Eleventh Circuit held.
In Law360's occasional roundup of Chicago lawyers' latest moves, Lewis Brisbois Bisgaard & Smith LLP has hired a data privacy and security partner, and Greenberg Traurig LLP pulled a new real estate shareholder from Katten Muchin Rosenman LLP.
With the Texas legislative session wrapping Monday, lawmakers left behind hundreds of bills that lost steam during the process, including proposals to create a statewide business court, change uninsured and underinsured motorist insurance guidelines, and install a process to review outside counsel contracts signed by the attorney general.
A New York personal injury law firm took Hartford Insurance Co. to New York federal court over pandemic losses it says it's owed, alleging the insurer is skirting its duties under a policy it issued shortly before the first major virus outbreak in the United States.
The Eleventh Circuit has agreed with a Florida federal court that a Sunshine State woman's life insurance policy was illegally procured, though the appellate court otherwise stayed Berkshire Hathaway's appeal of the ruling that it owes $4 million until the Delaware Supreme Court answers several questions.
Fluor Corp. must hand over notes written by its Latham & Watkins LLP trial counsel that purportedly document the company's 2010 demands for Zurich American Insurance Co. to settle lead contamination suits on its behalf, a Missouri federal judge has ruled.
A Philadelphia hotel's fire loss isn't covered as the policy is void, a subsidiary of The Hanover Insurance Co. said in a New Jersey federal court, saying the management group hid that its hotel was temporarily used to isolate and quarantine individuals infected with coronavirus.
The past week in London has seen a diamond broker do battle with an old client, a luxury Qatari conglomerate go after its Lebanese insurer and J.K. Rowling's literary agent sue Fieldfisher LLP. Here, Law360 looks at those and other new claims in the U.K.
A Michigan federal judge on Thursday tossed two restaurants' COVID-19 business interruption suit against Cincinnati Insurance Co., saying the eateries failed to show they experienced any property damage covered by the insurance.
An art gallery owner is asking the Ninth Circuit to revive its bid for pandemic loss coverage, saying a virus provision in its policy with Sentinel Insurance Co. unit Hartford entitles it to coverage for losses resulting from government restrictions.
An insurer doesn't have to defend a foreman in a worker's suit over a construction site injury at a Wegmans store project, the Second Circuit affirmed Thursday, saying the foreman wasn't an assigned employee of the supermarket chain for purposes of an indemnity contract.
The Seventh Circuit on Thursday refused to revive a race bias suit from a Black former Allstate Insurance Co. worker who said he got fired for telling a white supervisor not to attend a meeting of Black Allstate agents.
The federal government has pushed back against a bid from Lev Parnas, the Florida associate of former President Donald Trump's lawyer Rudy Giuliani, to compel the disclosure of certain search warrant materials seized from Giuliani, arguing the materials aren't relevant to the indictments at hand.
A private equity and insurance executive who admitted to paying a bribe to boost his daughter's college entrance exam scores "tore the fabric of society" with his fraud, a Massachusetts federal judge said in issuing a two-month prison sentence and the maximum fine allowed by law for the crime.
A litigation loan provider has urged a Florida federal court to drop a law firm's claim that the financier unlawfully sought to interfere with a business deal between the attorneys and their clients in a long-standing qui tam suit against MetLife Inc. as the related loan went into default.
The owners of several Buick auto dealerships in Pennsylvania had their business interruption suit come to a screeching halt when a federal judge said government closure orders tied to the COVID-19 pandemic didn't cause any physical loss or damage to the locations.
A California federal judge has refused to move a trade show operator's $100 million pandemic loss suit over event cancellations to New York, saying a pair of insurers failed to show that California is an inconvenient venue.
A Georgia federal judge won't reconsider his dismissal of a bid by Atlanta restaurants for pandemic-related insurance coverage, saying his "immense sympathy" for them doesn't change the law or the outcome of their case.
State Automobile Mutual Insurance Co. sued a liquor store it insures in Illinois federal court Wednesday, saying it has no duty to pay for the business' defense in a customer's underlying suit over a robbery because the policyholder lied on its insurance application.
Citizens Insurance Co. told an Illinois federal court that it's dropping its suit seeking to avoid covering a restaurant franchise company policyholder's defense of a proposed Illinois Biometric Information Privacy Act class action, saying the underlying suit has been dismissed.
The Kentucky Court of Appeals recently resolved a matter of first impression in Darwin National v. Kentucky State University, deciding that an insurance claim made outside the specified 90-day reporting period was late and thus properly recognizing that the reporting requirement in a claims-made-and-reported policy reflects a bargained-for condition to coverage, say Kristi Nolley and Lindsey Dean at BatesCarey.
Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.
The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.
The U.S. Supreme Court's recent decision in CIC Services v. Internal Revenue Service, allowing pre-enforcement challenges of tax reporting rules despite the Anti-Injunction Act, is likely to make the U.S. Department of the Treasury more careful about its own compliance obligations under the Administrative Procedure Act, says Robert Carney at Caplin & Drysdale.
A Pennsylvania federal court's ruling this week in Giant Eagle v. American Guarantee Insurance, reversing an earlier finding that two excess insurers had duties to defend opioid injury suits, provides invaluable assurance to excess carriers that opioid defendants can’t use immense defense costs as a basis to leapfrog their primary coverage, says Adam Fleischer at BatesCarey.
Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.
The First Circuit’s recent holding in U.S. Securities and Exchange Commission v. Morrone cements a new circuit split over when a securities transaction is considered domestic, introducing new wrinkles to the already-vague standards courts have relied on to interpret the U.S. Supreme Court's Morrison test, say Eric Belfi and David Saldamando at Labaton Sucharow.
Recent calls for racial equity and government regulators' increasing focus on social and environmental concerns make this a good time for companies to integrate environmental justice into their environmental, social and governance efforts, say independent consultant Stacey Halliday, Julius Redd at Beveridge & Diamond and Jesse Glickstein at Hewlett Packard.
The use of representations and warranties insurance in M&A; could result in waiver of the attorney-client privilege, but policyholders can do a number of things to minimize disclosure of transaction-related information when negotiating the insurance policy and after a claim arises, say attorneys at Bass Berry.
Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.
While the Fifth Circuit recently held in Sanchez v. Smart Fabricators that an injured offshore welder could not pursue damages under the Jones Act, certain maritime workers may be able to pursue comparative claims under a longshoremen workers' compensation statute or the Sieracki doctrine, says Grady Hurley at Jones Walker.
Opinion
The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.
To the extent that companies experiencing lost income from the global microchip shortage have contingent business interruption or dependent property coverage and can trace their impaired revenues to physical loss or damage to a supplier, there may be some potential for insurance recovery, says Micah Skidmore at Haynes and Boone.
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Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.
Arbitration data from states with existing surprise medical billing laws that track the federal independent dispute resolution process under the newly passed No Surprises Act provide helpful insights into the likely impact of the federal law taking effect in 2022, say Alexandra Lucas and Christian Martin at Reed Smith.
