Publications Archive

Department of Labor Revises Families First Coronavirus Response Act Temporary Rule 

Medico-Legal Issues in WOC Nursing 

NJ Essential Employees Now Have a Presumption for Work-Related COVID-19 

Connecticut Supreme Court Finds Duty to Defend When Case Law is Uncertain 

Bankruptcy and D&O Insurance: Top Tips and Reminders 

Despite NLRB’s Guidance Enhancing Safety Protocols for In-Person Union Representation Elections, Mail Balloting Predominates 

5 Steps Employers Should Take to Gear Up For Back-to-School 

CDC Issues Moratorium on Residential Evictions Through 2020 

New York State Legislature Considers Extending Mortgage Recording Tax to Mezzanine Debt and Preferred Equity 

A Whole New World: Building Automated Systems (BAS) and Subrogation 

The Future of Automated Manufacturing: What Will be the Effect on Product Failures? 

PA Issues New Detailed, Comprehensive Guidelines for SNF Visitation and Activities 

Recent Guidance on Employee Payroll Tax Deferral: Implementation Steps and Employer Discretion 

Non-Concurrency Between Ceding Companies And Their Reinsurers For Communicable Disease Exclusions: The Next COVID-19 Shoe To Drop 

Department of Labor Releases Fiduciary Guidance 

Is the Gig Up? Worker Misclassification in the Technology Age 

California Appellate Court Rules Amazon Can Be Strictly Liable for Defective Product 

Supreme Court Agrees to Hear Additional Challenge to the Affordable Care Act 

In Nevada, Custom Sign Manufacturers Can Be Held Strictly Liable 

Move Over California, Delaware Law Applies to Internal Corporate Affairs 

Finalized CCPA Regulations Take Effect 

The Nation’s First Binding Virtual Jury Trial is a Success, But Limitations Remain 

Non-Concurrency Between Ceding Companies and Their Reinsurers for Communicable Disease Exclusions: The Next COVID-19 Shoe to Drop 

You Have Questions…SBA Releases PPP Loan Forgiveness FAQs 

Hidden Costs in Bargain Acquisitions of Businesses: Exposure to Fraudulent Transfer Claims 

New York Court Temporarily Enjoins UCC Foreclosure Sale 

With Anticipated Cyberattacks, Protecting Data Breach Reports From Discovery 

No Global MDL for COVID Business Interruption Claims, but Panel Will Consider Separate Consolidated Proceedings for Lloyds, Cincinnati, Hartford, Society 

Guest Post: Thinking About D&O Coverage Exclusions 

Successor Liability in the Pandemic Era 

Allocating Between Covered and Uncovered Damages—What Is an Insurer to Do? 

The Price of Unencrypted Devices: $1M Fine for Stolen Laptop 

11th Circuit Holds Potential Attorneys’ Fee Award Alone Constitutes Potential “Loss” Triggering Duty to Defend under Professional Liability Policy 

Congress Introduces HOPE-ful Solution for Distressed CRE Borrowers 

Considering the Juror Pandemic Lens – Seating a Jury 

Update – Property Owner’s Defense Goes up in Smoke in Careless Smoking Case 

MDL Panel Presented With Numerous Solutions for Handling Hundreds of Federal COVID-19 Coverage Actions 

First-Dollar Risk Allocated to the Insured Is Not Subject to the Made Whole Doctrine 

PA and NJ Give Special Consideration to Police and Fire Workers for COVID-19 

Arkansas Federal Court Fans the Product Liability Flames Utilizing the Malfunction Theory 

Social Inflation and the Potential Impact of COVID-19 

Real Problems with Virtual Jury Trials: The Shallowing of Jury Pools 

Declarations: The Coverage Opinions Interview with Mary Bonauto 

Remote Trials Can Control Prejudgment Risk 

Philadelphia Enacts COVID-19 Whistleblower Protection Ordinance 

“The Devil Is in the Details”: Delaware Supreme Court Affirms Decision Demanding Strict Compliance for Notices of Intent to Investigate Medical Negligence Claims to Toll Statute of Limitations 

PA Governor Orders Targeted Mitigation Measures, Including Telework Unless Not Possible 

The Show Must Go On: Navigating Arbitration In The Wake Of The COVID-19 Outbreak 

When Will We See a Resumption of Jury Trials in Philadelphia County? 

Are We There Yet? – Part Deux 

Massachusetts District Court Holds Contractors Are Not Additional Insureds on Developer’s Builder’s Risk Policy 

Parties to Private Commercial Arbitrations Held Overseas May Not Be Able to Utilize US Courts to Obtain Discovery 

California Business Interruption COVID-19 Coverage Bill: A New Twist to Proposed State Legislation 

All Roads Lead to the JPMDL: Another COVID-19 Business Interruption Declaratory Judgment Is Stayed Pending MDL Decision 

How COVID-19 Mezzanine Foreclosures May Fare In NY Courts 

Evaluating Alternative Avenues to Verdict in the COVID-19 Legal Atmosphere 

Mezzanine Loan Defaults, UCC Foreclosures and Recent New York Court Decisions 

Checklist For Returning Employees to the Workplace 

Case of First Impression Rules No Coverage for COVID Business Interruption Claim Because No Direct Physical Loss 

Businesses Should Strike the Proper Balance Between Their Desire for Management Autonomy With Sensitivity to Social Justice Issues 

CMS 2021 Proposed Home Health Payment Rule May Make Certain Telehealth Changes Introduced During COVID-19 Pandemic Permanent 

Department of Labor Proposes “Replacement” Fiduciary Rule 

Debt Forbearance/Settlement Agreements: One of the Most Important and Often Overlooked Clauses 

Pennsylvania Allocates $225 Million for Small Businesses Impacted by COVID-19 

Telehealth and Medical Liability 

Are We There Yet? SBA Issues Revised Guidance to Harmonize PPP with Flexibility Act Changes 

M&A Litigation Continued: Simon v. Taubman and Seller Remedies in the Age of COVID-19 

Court Addresses When Duty to Defend Ends 

Liability in the Telehealth Era 

Cannabis Reform Introduced as a Response to the COVID-19 Crisis 

Timing is (Almost) Everything: PA Supreme Court Clarifies Enforceability of Restrictive Covenants Ancillary to Employment 

Consider Short-Term Lease Workouts For Commercial Tenants 

Wisconsin Court Applies the Economic Loss Doctrine to Bar Negligence Claims for Purely Economic Losses 

The Main Street Business Lending Program – Opening of Lender Registration and Proposed Expansion to Nonprofit Loans 

US Supreme Court: Title VII Protection Extended to LGBT+ Employees 

Texas Federal Court Rules Amazon Can Be Sued for Defective Product 

Courts Are Ordering Remote Depositions as the COVID-19 Pandemic Continues 

The Main Street Business Lending Program – Expanded Terms 

Virginia Allows Condominium Association’s Insurer to Subrogate Against a Condominium Tenant 

Supreme Court Limits Fiduciary Actions Under ERISA 

From Both Sides Now: Looking at Contracts Through a Post-Pandemic Lens 

PA's Potential for a Presumption of Work-Related COVID-19 Injuries 

Jury Trials and Mediation in Philadelphia County: Virtually in Person 

Supreme Court Limits Fiduciary Actions Under ERISA 

Protecting Your Organization: Lessons from In re Capital One for Third-Party Cybersecurity Incident Reports 

If You Don’t Like the PPP Now, Wait a Few Minutes…Major Changes to PPP Loan Program as Congress Passes Payroll Protection Program Flexibility Act 

M&A Wars Continued: Does the Seller Have an Exit Strategy? 

A National Registry of COVID-19 Patients: The Legal Implications 

NY Department of Financial Services Issues Emergency Regulation to Help Businesses Affected by Looting 

The Show Must Go On: Navigating Arbitration in the Wake of the COVID-19 Outbreak 

Return-to-Workplace Checklist: Considerations and Emerging Best Practices for Employers 

Virtual Jury Trials: The Next Wave of Remote Legal Practice 

The Main Street Business Lending Program – Forms and Agreements 

Non-Signatories to Foreign Arbitration Agreements May Be Able to Compel Arbitration 

Illinois Federal Court Determines if Damages Are Too Remote 

CMS Announces New COVID-19 Surveys and Enforcement 

The Main Street Business Lending Program – Updated Frequently Asked Questions 

Southern District of New York Reaffirms That Syndicated Bank Loans Are Not Securities 

Not So Likely That PA Employers Must Pay For Pot 

Declarations: Q&A With America's Leading Lawyers 

Despite COVID-19, Here Are 4 Easy Steps for Data Privacy, Security Compliance 

Federal Court Holds Outside Cybersecurity Response Report Not Privileged 

Forgive or Regret?: SBA and Treasury Release Long-Awaited PPP Loan Forgiveness Final Interim Rules 

CMS Allows Medicare Advantage Plans to Expand Telehealth 

New Jersey Wants You to Return to Your Doctor’s Office 

Can a TRO Be Used to Toll Drop-Dead Date? The Latest in M&A Battles 

Return to Work: Guidance for Workplace Reopening 

Decided Yesterday: Federal Court’s Lesson For COVID-19 Business Interruption Insurance 

COVID-19 Privacy Bills Introduced in U.S. Senate 

The Insurer’s Duty to Defend and Pre-Suit Demand Letters 

What’s the Standard for “Commercially Reasonable” in a Commercially Unreasonable World (Health Crisis)? Part II 

COVID-19’s Effect on Property Losses and Subrogation Claims 

Recent Decisions Raise Ceiling for Homeowners Seeking Coverage for COVID-19 Losses 

“Forgive Me SBA, For I Have Complied With the PPP”: SBA Releases PPP Loan Forgiveness Application 

New York Court Confirms No Coverage for Resulting Water Damage to General Contractor’s Work Product 

What’s the Standard for “Commercially Reasonable” in a Commercially Unreasonable World (Health Crisis)? 

PA Supreme Court Denies “King’s Bench” Petition to Consolidate All COVID-19 Business Interruption Cases Pending in State Court 

Go Big or Go Home: SBA to Focus PPP Loan “Necessity” Review on Loans Over $2 Million; Safe Harbor Announced for Smaller Loans 

COVID Restrictions Struck in Wisconsin – Other Challenges Likely 

COVID-19 Testing At Skilled Nursing Facilities: Guidance Based on PA DOH Advice 

Updated Guidance from the EEOC Regarding COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws 

COVID-19 and Its Effect on Unemployment Benefits 

Recently Released Title IX Regulations Mandate Significant Policy Review and Revisions 

Are We Entering Another “Nuclear Winter” for Venture Capital Financing? 

Department of Labor Guidance Could Have Major Impact 

CMS Issues New COVID-19 Reporting Requirements for Long-Term Care Facilities 

Striking the Balance: Making the Tough Judicial Call 

Disability Carriers Need to Brace for the Onslaught of COVID-19 Claims 

Broker Liability in the Wake of COVID-19 Coverage Litigation 

Governor Wolf Signs Executive Order Providing Limited Immunity to Healthcare Providers 

A Brief BIPA Checklist 

Understanding the Affidavit of Merit Statute and the Rare Application of the Common Knowledge Exception 

Financial Services Firms Face New Cybersecurity Regulation 

Recipe for Survival: What Restaurants Should “Takeaway” From Recent Retail Bankruptcies 

Making It Up As We Go Along?: Real-Time Changes to Paycheck Protection Program Continue with Release of Additional Rules 

King's Bench Petition Seeks to Consolidate All Pennsylvania COVID-19 Business Interruption Insurance Cases 

COVID-19 CMS Blanket Waivers 

IRS Issues Guidance on Tax Impact of PPP Loan Forgiveness Under the CARES Act 

The Main Street Business Lending Program – Frequently Asked Questions 

M&A Risk Allocation: Drafting and Litigation Considerations in the Era of COVID-19 

PA Superior Court Continues to Heighten the Bar on Establishing Evidentiary Privileges Under the Patient Safety Quality Improvement Act and Peer Review Protection Act 

USPTO Issues Third Notice Extending Certain Patent & Trademark Deadlines Due to COVID-19 

Workers Compensation Act Exclusivity Likely Bars Most Employee COVID-19 Claims 

COVID-19 Fallout: Enforceability of Restrictive Covenants Against Furloughed and Laid Off Employees 

Parties’ Agreement Doesn’t Pull the Trigger on California’s Statute of Repose 

Second Circuit Says Cedent Cannot Use the “Follow-the-Settlements” Doctrine to Circumvent Plain, Unambiguous Policy Provision 

Private Equity and Other Businesses Need Not Apply: SBA Issues Fourth Paycheck Protection Program Interim Final Rule 

The Supremes Are Addressing Intellectual Property 

Fill ‘Er Up!: The Paycheck Protection Program and Health Care Enhancement Act 

Looming Hotel Bankruptcies Impact Loan Workouts 

Ohio Supreme Court: “Those Sums” Isn’t “All Sums” Where Damages Occur at a Discernable Time 

Healthcare Goes Viral: Guidelines for Returning to the Front Lines 

Shuttered Businesses Seek National Consolidation of COVID-19 Business Interruption Claims 

Pa. Ruling Doesn't Support COVID-19 Biz Interruption Claims 

Lenders Win in Eligibility Battle – Heightened PPP Eligibility Policies Allowed 

Issued Guidance Regarding Telehealth Waivers During the COVID-19 Pandemic 

Estate Planning Considerations During the Coronavirus Pandemic 

CARES Act Deferral of Employment Tax Payment Update 

Human Research in the COVID-19 World: Boundaries, Obligations and Guidance 

A Framework for Mitigating Liability Claims for Eldercare Facilities 

Better Late Than Never(?): The SBA Issues Second Interim Final Rule on Paycheck Protection Program Implementation 

Mississippi Supreme Court Applies AIA Subrogation Waiver to Non-Work Property Damage 

Choosing Delaware Law Does Not Mean You Can Litigate In Delaware – The Sequel 

CARES Act Employee Retention Credit Update 

Second Circuit Decision Addresses New York Usury Laws and Post-Default Mortgage Loan Obligations 

Multi-Agency Guidance Clarifies Statutory Impact on Employer Health Plans 

Business Tax Relief Provided By The CARES Act 

Worker Safety Measures Ordered in Pennsylvania and Other Jurisdictions 

Not so Fast – Florida’s Legislature Overrules Gindel’s Pre-Suit Notice/Tolling Decision Related to the Construction Defect Statute of Repose 

Will Pennsylvania Join Other States and Provide Immunity for Healthcare Workers Treating COVID-19 Patients? 

Enforcement Guidance for Recording Cases of COVID-19 

Federal Tax Return Filing and Payment Update IRS Notice 2020-23 

It Has Started: Supply-Chain, Warehouse and Retail Workers of Essential Businesses Are Filing Suit 

IRS Issues Net Operating Loss Guidance Under The Cares Act 

University Students Seek Refund of Tuition Fees and Other Costs 

OSHA Releases COVID-19 Guidance 

COVID-19 Supply Chain Disruption Now and Later 

M&A Litigation Rising Amidst COVID-19 Uncertainty: Considerations for Litigators and Deal-Makers 

The Main Street Business Lending Program 

Viewpoint: The Coronavirus’ Impact on Property Losses and Subrogation Claims 

What Is a 'Fair' Venue for Medical Malpractice Litigation? 

Nursing Homes and Long-Term Care Facilities: The Next Front Line 

Are You Confused Yet? The SBA Issues Supplemental Guidance on Paycheck Protection Program Implementation 

A Reminder of the Critical Issue of Notice and Timing in Claims-Made Cyber and Tech E&O Policies 

California Supreme Court Adopts “Vertical Exhaustion” in the Long-Storied Montrose Environmental Coverage Litigation 

Conduent v. Skyview: Closed Courts Challenge Party’s Need for Urgent Relief 

Commercial Lease Workouts During the COVID-19 Pandemic 

Pennsylvania Joins the Fray: Legislature Introduces Bill to Force Insurers to Pay for COVID-19-Related Business Interruption Losses 

Maryland's Top Court Adopts Majority Pro Rata Allocation Rule in "Long Tail" Case 

False Claims Act Enforcement in the Time of COVID-19: Exposure Concerns for D&O Insurers? 

HHS Relaxes Some HIPAA Disclosures for Public Health 

Protecting Your Business From Liability Claims Stemming From COVID-19 Exposure 

Not Remotely Law as Usual: Don’t Settle for Delays – Settle at Remote Mediation 

A Hacker’s Scheme is “Forthright;” Thus, No Computer Fraud Coverage for Ransomware Attacks 

CARES Act Payroll Tax Deferral: A Detailed Analysis 

First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period 

Start Your Engines: SBA Issues Interim Final Rules Implementing Paycheck Protection Program 

COVID-19 and Subrogation: The Coronavirus’ Impact on Property Losses and Subrogation Claims 

CARES Act Employee Retention Credit: A Detailed Analysis 

USPTO Issues Notice Waiving Certain Patent and Trademark Deadlines Due to COVID-19 

Supply Chain Disruption – Before the Breach and How Best to Protect 

The CARES Act Paycheck Protection Program: Special Considerations For Not-for-Profit Organizations 

New Jersey to Begin Accepting Applications for Small Business Emergency Assistance Grant Program 

Pennsylvania Courts Closed Through April 30, 2020: Litigating in the Current Statewide Emergency 

Board of Directors Guidance When Addressing Emergency Circumstances Occasioned by the COVID-19 Pandemic 

White and Williams LLP Secures Affirmation of Denial to Change Trial Settings Based on Plaintiffs’ Failure to Meet the Texas Causation Standard for Asbestos Cases 

COVID-19 Developments in Labor Relations: The CARES Act and the Duty to Bargain During Public Emergencies 

Understanding New Paid Leave Rules In The Coronavirus Response Act 

Not Remotely Law as Usual: Remote Depositions – The Same But Different 

EPA to Relax Environmental Legal Enforcement During the COVID-19 Pandemic 

HHS Office of Civil Rights Reinforces Preclusion of Discriminatory Treatment Denials 

Enhanced Unemployment Benefits Under The CARES Act: Everything Employers and Employees Need to Know 

M&A Representation and Warranty Insurance Considerations In The Wake Of The Coronavirus Pandemic 

Loan Modifications Due to COVID-19 Pandemic: FDIC Answers CARES Act FAQs 

IRS Releases Gift Tax and Generation-Skipping Transfer Tax Filing and Payment Relief 

Insurer Paid Claim to Avoid Bad Faith; Reimbursed Because of Misrepresentation 

What Did the Contract Say Again? Preventing Application of a Prime Contract Based Solely on Generic Incorporating Language in the Subcontract 

New York Joins Growing Collection of States Considering Laws to Force Insurers to Pay COVID-19 Business Interruption Losses 

New DJ Takes Different Tack on Business Interruption Coverage for COVID-19 

Distressed Debt and Workout Agreements During the COVID-19 Pandemic 

Another State Follows New York, Demanding Insurers to Explain Their Business Interruption Coverage in the Wake of COVID-19 

Delaware COVID-19 Emergency Order Restricts Normal Operations of Insurers, Lenders, Landlords and Utilities 

Pennsylvania Announces COVID-19 Working Capital Access Program to Assist Small Businesses 

Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums 

COVID-19 Impact on Hart-Scott-Rodino Process 

Social Distancing and the Impact on Service of Process Amid the COVID-19 Pandemic 

Is a Violation of a COVID-19 Order the Basis For Civil Liability? 

Selling and Purchasing Performing and Non-Performing Loans: Threshold Issues to Consider 

IRS Releases FAQs to Income Tax Filing and Payment Relief 

Massachusetts Joins the Fray, Introduces Bill Forcing Insurers to Pay for COVID-19-Related Business Interruption Losses 

CMS Suspends Standard Facility Surveys to Prioritize Immediate Jeopardy and Targeted Infection Surveys 

Philadelphia and New York City Launch COVID-19 Relief Grants and Loan Programs to Assist Small Businesses 

Ohio Follows NJ: Legislature Introduces Bill to Force Insurers to Pay for COVID-19-Related Business Interruption Losses 

COVID-19: Loan Enforcement and Foreclosure-Related Actions 

COVID-19 Pandemic Relief for Healthcare Providers Participating in Quality Reporting Programs 

DOL Issues First Guidance on Families First Act 

Fighting COVID-19 Across State Lines: Relaxing Provider Licensure and Renewal Requirements 

IRS Extends Certain Contribution Deadlines 

PA State Representative Requests a Resolution Urging Congress to Reimburse Insurers for COVID-19 Business Interruption Claim Payments 

Social Inflation's Impact on the Insurance Industry 

The Complex Insurance Coverage Reporter – March 2020 

To Combat COVID-19, Delaware Opens Its Doors to Out-of-State and Retired Healthcare Providers (and Limits Their Liability, Too) 

“Direct Physical Loss or Damage”: The Gatekeeper to Property Insurance Coverage and COVID-19 

Checklist for Lenders in Turbulent Times: Reviewing Your Portfolio 

Guest Post: Underwriting D&O Risks for Coronavirus (COVID-19)-Related Exposures 

Policyholders' Biometric Suit Coverage Buoyed by Ill. Ruling 

Amid Coronavirus Pandemic and Declining Stock Prices, Public Companies Implement Poison Pills to Deter Corporate Raiders 

First Circuit: Broad Definition of Claim Precludes Coverage for an SEC Investigation Formal Order Received in a Prior Policy Period 

Importance of Reviewing Existing Financing Agreements During COVID-19 Crisis 

Attempt to Enjoin Governor Wolf’s Shutdown Order Denied by PA Supreme Court 

Coronavirus: Key Issues for Commercial Leases 

IRS Announces Income Tax Filing and Payment Relief due to Coronavirus Pandemic 

A First: GL Coverage for Illinois Biometrics Action, Distribution of Material Exclusion Doesn’t Apply 

Delaware Supreme Court Upholds Federal Forum Selection for Securities Act Claims 

Why the Disconnect Between Perception and Reality for COVID-19 Business Interruption Coverage? 

New Subchapter V May be the Bankruptcy Lifeline Small Businesses Need to Survive COVID-19 

Underwriting D&O Risks for Coronavirus (COVID-19)-Related Exposures 

Insurer Owes Defense Despite "Extrinsic Evidence," New York Court Holds 

Data Sharing Being Emphasized in the Battle Against COVID-19 

Federal Consumer Data Security Bill in a Nutshell 

India’s New Restrictions Will Impact Responses to NYDFS’ Demand for COVID-19 Preparedness and Financial Risks Plans 

PA Work Injuries While Working Remotely 

Will CCPA Enforcement be Delayed? 

Long-Term Care and Coronavirus Compliance Considerations 

The Families First Coronavirus Response Act: An Analysis 

FAQ: What Every Employer Needs to Know About The Families First Coronavirus Response Act 

No (Social) Distance for Reinsurers? If Lawmakers Force Insurers to Pay COVID-19 Claims, Will Reinsurers Follow? 

10th Circuit Allows Insurer to Avoid Bad Faith Claim By Settling with Claimant and Pursuing Recovery from Insured 

Ready or Not: NY SHIELD Act’s Data Security Requirements Go Into Effect March 21, 2020 

Pennsylvania Requests Disaster Declaration for SBA Disaster Relief Assistance Loans - 18 Other States Now Eligible To Apply 

COVID-19: The Real Operation of New Jersey's Proposed Insurance Legislation 

Delaware Chancery Court Holds That a Transaction Involving a Conflicted Board Majority Can Be Cleansed If Appropriate Safeguards Are Implemented 

New Jersey’s Proposed COVID-2019 Business Interruption Insurance Legislation Fails to Socially Distance Itself From Constitutional Prohibitions 

Coronavirus (COVID-19) in the Course and Scope of PA Employment 

Practicing Good Corporate Hygiene In The Time of Coronavirus (COVID-19) 

Commercial Tenant’s Subrogating Insurer Barred by Lease Terms from Pursuing Landlord 

Telehealth in Light of COVID-19: Overcoming Regulatory Roadblocks to Allow Widespread Adoption 

Coronavirus – Preparedness For Senior Living Communities And Nursing Homes 

NYDFS Demands Regulated Entities Submit Preparedness and Financial Risks Management Plans Relating to COVID-19 

First Coronavirus Coverage Suit Filed For Business Interruption 

Cyber update: Personal Certification by Corporate executives on the Rise 

NYDFS Mandate to Insurers Re COVID-19: Explain Your Business Interruption Coverage Now 

$500,000 Punitive Damages Award in Bad Faith Action Shocks Delaware Court’s Conscience and Justifies New Trial on Liability and Damages 

Internal Revenue Service Guidance on High Deductible Health Plans Due to COVID-19 

ISO Excluded Coronavirus Coverage 15 Years Ago 

New Jersey Legislature Considering Bill To Force Insurers To Pay COVID-19 Business Interruption Claims Expressly Excluded By ISO’s “Virus” Exclusion 

Avoiding the "S" Word: Cautionary Evidence Handling Folktales and How to Avoid Becoming Part of the Lore 

HHS Finalizes New Rules Seeking Interoperability for Electronic Health Information 

SBA To Offer Coronavirus (COVID-19) Disaster Relief Assistance Loans 

Does The Coronavirus Pandemic Constitute A Material Adverse Effect? 

Making the Stars Align in Your Healthcare System: The Growing Importance of Transparency in Patient Experiences 

California Attorney General Issues Second Set of Revised Draft Regulations for CCPA 

Despite No Privity of Contract, Indiana Appellate Court Holds Additional Insured with UIM Claim May Sue for Bad Faith 

Mere Disagreement or Knowing Falsehood: The Circuit Split on False Claims Act "Falsity" 

CGL Coverage and Coronavirus: Is Causing Exposure an “Occurrence”? 

In Louisiana, If the Band Plays On, the Plaintiff Cannot Recover Loss of Use Damages 

Coronavirus Panic Is Going Viral-Steps to Take to Protect Your Workplace 

Drafting and Enforcing Force Majeure Clauses in the Wake of COVID-19: Details Matter 

Unringing the Bellefonte Rule 

FTC Acts to Block Jefferson/Einstein Hospital Merger 

Consumer Technology Association Issues ANSI-Accredited AI Standards for Healthcare 

Supplying Wrong Construction Materials Resulting in Rip-and-Tear Damage Not an “Occurrence,” 7th Circuit Holds 

E-Mail Phishing Scam: Coverage For "Social Engineering" 

Declarations: The Coverage Opinions Interview with Kent Alexander 

Wisconsin Supreme Court Induced to Narrowly Interpret Exceptions to the Economic Loss Doctrine 

Unfair Shares: PA Supreme Court Mandates Per Capita Allocation Among Liable Product Defendants and Settled Parties 

Decade-High BigLaw Billing Rate Growth in 2019: Are D&O Insurers Paying More in Claims Defense for the Same or Worse Results? 

Student Disciplinary Proceedings Revisited: A Responding Party is Not Entitled to “Quasi-Cross-Examination” in Private School Disciplinary Proceedings 

SJC Addresses the Enforceability of Settlements Entered Without Insurers’ Consent 

New Jersey Federal Court Provides Clarification/Limitation on the Application of the Continuous Trigger Theory in Construction Defect Cases 

Peer Review Privilege Continues to Weaken 

Surprise Medical Billing Debate Continues 

Final Regulations Expanding CFIUS Jurisdiction Over Investments by Foreign Persons 

Phishing Scam Does Not Implicate Forgery Coverage, Court Requests Further Briefing for Computer Fraud Coverage 

No Such Thing as “Institutional Bad Faith,” Pennsylvania Superior Court Concludes 

Liquidity in Today’s Economy 

Philadelphia Salary History Ordinance Upheld by Court of Appeals 

PA Legislature Cannot Determine the Anticipated Impact of the Proposed Repeal of the Medical Malpractice Venue Rule 

How a Little-Known Senate Bill Could Help Stem the Tide of Bad Faith Litigation in Florida 

Massachusetts Court Holds Statute of Repose Does Not Apply to Claims for Failure to Maintain Property 

Securities Class Action Filings Continue at Record Levels: How Should D&O Insurers Respond? 

Pennsylvania Federal Court Holds Insurer Can’t Use Insured’s Admission to Withdraw Defense 

The Complex Insurance Coverage Reporter – 2019 Year in Review 

Favorable Decision for New Jersey Property Owners Regarding Snow and Ice Removal 

Department of Labor Issues Final Rule on Joint Employer Status 

Ransomware Victims Get New Path To Coverage In Md. Ruling 

Coverage Counsel Authors Insurer’s Letters – Leads To Waiver of Attorney-Client Privilege 

A Year Later: California’s Corporate Diversity Initiative 

Not All Damages Are Created Equal – the Proper Application of the Economic Loss Doctrine 

The Big Change in Cybersecurity Regulation That No One Is Talking About 

Proposed Regulations Broaden Limitation on Compensation Deductions for Public Companies 

Homeowners Coverage for Arsonist’s Innocent Coinsured: Clarification From the MA Supreme Judicial Court 

Virginia Molds Tort Versus Contract Law in New Home Construction Case 

Dead Men Do Tell Tales: Pennsylvania Permits Decedent Depositions to Sink Summary Judgment 

The Last One Standing Stands Tall: NJ Asbestos Trial Defendants Can Use Settled Defendants’ Testimony to Prove Cross-Claims 

Total Disability Definition Construed by New York Federal Court 

Second Circuit: Insider Trading Conviction Does Not Require a Finding of Personal Benefit 

NJ and PA Workers' Compensation Benefits for 2020 

Pennsylvania Federal Court Holds Insurer Can’t Use Insured’s Admission to Withdraw Defense 

Declarations: The Coverage Opinions Interview With Samantha Power 

Massachusetts Court Clarifies Statute of Repose Trigger for Multi-Phase Construction Projects 

The Jury Is Still Out on Elvis 

Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context 

Pennsylvania Senate Report on the Anticipated Impact of the Proposed Repeal of the Medical Malpractice Venue Rule Delayed by One Month 

NLRB Reverses Itself on Two Obama-Era Pro-Employee Decisions 

Establishing Proximate Cause Where Both Roads Lead to the Defendant 

SEC’s Proposed Overhaul to the Definition of an Accredited Investor 

Individual Mandate Ruled Unconstitutional 

Direct Listings: Capital Liquidity, Liability and D&O Insurance Coverage Considerations 

Update: Surprise Medical Billing Ban Not Expected to Pass in 2019, Hopeful for 2020 

Spending Bill Expected to Eliminate Certain Taxes 

California IoT Security Law Cheat Sheet 

Third Circuit Clarifies Standards Governing Confidentiality of Litigation Documents 

The Struggle to Ban Surprise Medical Billing 

New York’s SHIELD Act Cheat Sheet 

New York City Courts Put Lawsuits Under the Child Victims Act on Hold 

Exxon Prevails in a Major Climate Change-Related Legal Battle, But Many Questions Remain Unanswered 

PTSD May Be Covered As “Bodily Injury” If It Resulted From Physical Injuries, Pennsylvania Appeals Court Holds 

Office Holiday Parties Are Back, As #MeToo Concerns Surge 

Idaho Formally Adopts an Independent Tort for Third Party Spoliation 

US-Mexico-Canada Agreement Advantages Over NAFTA Relating To Intellectual Property, Agriculture and Automotive Manufacturing 

Is it Time to Revisit the Scope of D&O Coverage? 

Pennsylvania Supreme Court Rejects Fluctuating Workweek Pay Method 

Pennsylvania Follows Multi-State Movement to Modify and Extend Statutes of Limitation for Sexual Abuse Claims 

Applying Mighty Midgets, NY Court Awards Legal Expenses to Insureds Which Defeated Insurer’s Coverage Claims 

The Cross-Examination of Complainants And the Due Process Rights of Respondents in Student Disciplinary Proceedings After Haidak v. University of Massachusetts-Amherst 

Delaware Stockholders Need Only Present Reasonable Inference of Managerial Wrongdoing for Inspection of Company’s Records 

Navigating the Path to a Successful Exit 

Declarations: The Coverage Opinions Interview With John Grisham 

Is Football Violence a Crime? 

White and Williams Files Amicus Brief in Pennsylvania Medical Malpractice Time-Limit Ruling 

Pennsylvania Superior Court Fires up a Case-By-Case Analysis for Landlord-Tenant, Implied Co-Insured Questions 

The Insurer's Duty to Defend: Pre-Suit Demand Letters 

US Supreme Court Denies Certiorari in Appeal by Gun Manufacturer, Remington, in Case Brought by Families of Sandy Hook Massacre Victims 

CCPA Cheat Sheet 

US DOL Seeks to Clarify Fluctuating Workweek Pay Method 

Culture Shock: When Two Culturally-Different Enterprises Combine 

Tennessee Looks to Define Improvements to Real Property 

Climate Change in the Courts 

Pennsylvania MCARE’s Statute of Repose Declared Unconstitutional 

Delaware Supreme Court Applies Plain Meaning of Insurance Policy Language to Reverse $48 Million Defense Cost Award 

Amazon Feels the Heat From Hoverboard Fire Claims 

New Regulations Expand Availability of Multiple Employer Retirement Plans 

Declarations: The Coverage Opinions Interview With Vernon Jordan 

“Wait! Do You Have All Your Ducks in a Row?” Filing of a Certificate of Merit in Conjunction With a Complaint 

Employers: New York’s SHIELD Act Imposes Data Security Requirements on Companies Outside of New York, Too 

SDNY Remands Arbitration Award for Clarification and Denies Request to Keep Documents Under Seal 

California Clarifies Its Inverse Condemnation Standard 

A Yelp From Posting on Yelp^® 

The Long Arm of the Law Lengthens: What the U.S. ex rel. Medrano v. Diabetic Care RX, LLC Settlement Means for Private Equity Investors 

Breaking News: Connecticut Supreme Court Decides Significant Coverage Issues in R.T. Vanderbilt 

PA Superior Court Holds Attorney-Client Communications in Divorce Records are Discoverable in Medical Malpractice Case 

Crisis Averted: Why Having An Attorney At Inspections Can Avoid Catastrophes 

Washington Supreme Court: Adjusters Can’t Be Sued for Bad Faith 

Delaware Court Of Chancery Extends MFW Framework to Board Decisions on Controlling Party Compensation 

Declarations: The Coverage Opinions Interview With Haben Girma 

New Overtime Rule to Impact 1.3 Million Workers 

IRS Regulation Aims to Undo the ‘One Bad Apple’ Rule 

Careless Smoking Causation Defense Goes Up in Smoke in Connecticut 

Third Circuit Clarifies Intent Requirement for Suicide Exclusion in Life Insurance Policies Under New Jersey Law 

Preparing for a "Looming" Recession: Practical Tips for Lenders 

Are You Your Brother’s Keeper? CMS Finalizes Rule to Reduce Fraud in Federal Health Insurance Programs 

“Slow and Steady Doesn’t Always Win the Race” – Applicability of a Statute of Repose on Indemnity/Contribution Claims in New Hampshire 

Connecting With the Modern Juror – Communication Strategies in the Age of Information 

Nursing Homes Defending NY Lawsuits Brought by an Estate Should Scrutinize Whether the Plaintiff has Legal Capacity to Assert Claims 

Amazon Loses – It Is a Seller Under Wisconsin’s Products Liability Law 

NLRB Hits Unions with One-Two Punch the Week Before Labor Day 

Pennsylvania: Data Protection Overview 

California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies 

New Jersey Employers Are No Longer Permitted To Inquire About Applicants’ Compensation History 

Signed, Sealed, Delivered, I’m (Not) Yours: How a Lapse in Record Keeping Can Lead to Non-Binding Contracts 

NY Federal Court Refuses to Consider Extrinsic Evidence of an Insurer’s Claim Handling for a Different Policyholder 

Ohio Court Measures the Damage to a Computer Network by Its Value to the Owner, Not Its Fair Market Value 

Declarations: The Coverage Opinions Interview With Kevin Mitnick - The World's Most Famous Hacker 

NY Child Victims Act: Don’t Ignore Reinsurance Issues 

Chancellor's Forum: When the Rule of Law Fails 

Taking a Look at the New York SHIELD Act 

Three-Year Delay Not “Prompt Notice,” But Insurer Not “Appreciably Prejudiced” Either, New Jersey Court Holds 

Will California Law Permit Insurance Coverage for Civil Penalties Assessed Under the California Consumer Privacy Act? 

Philadelphia Enacts Commercial Property Assessed Clean Energy (C-PACE) Program 

NLRB Proposed Election Rule Presents Significant Changes to Election Procedures 

Delaware Trial Court Interprets Coverage Under a D&O Policy to Include an Appraisal Action as a Securities Claim 

3rd Circ. Decision Limits Liability of Board Observers 

In Indiana, Component Manufacturers Have a Limited Duty to Equip Products with Safety Features 

Delaware Supreme Court Clarifies That a Response to a Books and Records Demand Is Not Presumptively Confidential 

Superior Court Addresses Whether the Plaintiff Is the “Master of the Claim” in Post-Tincher Decision 

Recent Third Circuit OSHA Decision Sounds Alarm for Employers and Their Officers 

Threats, Opportunities Presented by New Technology in the Insurance Industry 

IRS Reduces Affordability Requirement for Employers’ Healthcare Coverage 

New Jersey Enacts Aid in Dying Act 

What SNF Providers Should Know About Arbitration 

New Jersey Federal Court Examines And Applies The “j.(5)” Ongoing Operations Exclusion 

Delaware Signs Insurance Data Security Act into Law 

Third Circuit Decision Highlights Important Distinction Between Directors and Board Observers 

PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions 

FCC Proposes Pilot Program to Fund and Promote Telehealth in Underserved Communities 

Cybersecurity and Legal Due Diligence Considerations in M&A Transactions 

CMS Issues Final Rule Repealing Prohibition on Nursing Home Arbitration Agreements 

Garlock Five Years Later: Recent Decisions Illustrate Ongoing Obstacles to Asbestos Trust Transparency 

Philadelphia Taxpayers Win Challenge to City’s Discriminatory Tax Assessments of Commercial Properties 

Foreign Trademark Applicants and Registrants Must Now Be Represented By US Counsel 

Announced GDPR Fine Against Marriott Raises Reporting and Coverage Implications 

Florida Adopts Daubert Standard for Expert Testimony 

Trump’s Executive Order on Advancing American Kidney Health: What It Means for Patients and Providers 

Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in Construction Contracts 

Texas Walks the Line on When the Duty to Preserve Evidence at a Fire Scene Arises 

Third Circuit Holds Amazon Liable As a Product Seller – Communications Decency Act Not Applicable to Sale and Distribution Strict Liability Claims 

New York Court Takes the Bite Out of a Food Manufacturer’s Request for Destructive Testing 

Some Additional Thoughts on Easing Late Notice Consequences under Renewal Policies 

Evidence of Lack of Adequate Compliance Systems Sufficient to Plead Bad Faith by Board 

Healthcare Executive Order Suggests Changes Are Coming 

A Warning to Law Firms and Litigants: Unlawful Disclosure of PHI in Litigation Can Lead to Trouble 

PA Supreme Court Announces New Work Product Doctrine Waiver Analysis with Regard to Dissemination of Information to Third Parties 

PA Senate Bill 761 Introduced to Address the Task of Obtaining a Patient’s Informed Consent 

PA Supreme Court Confirms Risk/Complication Evidence Is Admissible for Standard of Care and Causation in Med Mal Cases 

Delaware Chancery Court Addresses the Seller’s Preservation of Privilege Post-Closing 

Rules Finalized Permitting Employees to Buy Individual Health Insurance Plans through HRAs 

Designing Tax Efficient Business Transactions 

IRS Ends Certain State Workarounds to SALT Deduction 

New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions 

Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case 

Arizona Purchaser Dwelling Actions Are Subject to a New Construction 

Trust the Process – A Process That Develops Reasonable Justification for a Coverage Determination Will Disarm a Bad Faith Claim 

The FTC Wants More Power to Investigate Corporate Data Privacy Violations 

Supreme Court Victory for Hospitals in Medicare Billing Dispute 

Eleventh Circuit Defers to Insurer’s Definition of Professional Services 

Indiana Federal Court Holds No Coverage for $50M Default Judgment for Lack of Timely Notice of Class Action 

NJ Supreme Court Rules STOLI Policies Violate Public Policy and Void at the Outset 

Invasion of Privacy Exclusion in a Claims-Made Policy and Looking Ahead to Data Privacy Litigation 

IRS Updates Employee Plans Compliance Resolution System 

Cannabis and Cannabis-Derived Compounds: FDA Announces Public Hearing and TTB Issues Industry Circular 

“Based On”… What Exactly? NJ Appellate Division Examines Phrase and Estops Insurer From Disclaiming Coverage for 20-Month Delay 

Termination of Buyback Option Not a Fraudulent Transfer 

Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense 

Delaware Chancery Court Relies Upon Judicial Dissolution Power to Break Management Deadlock 

Insurers Subrogating in Arkansas Must Expend Energy to Prove That Their Insureds Have Been Made Whole 

The Dangers of Copy and Paste: Using Corporate Statutory Language in an LLC May Result in Unintended Consequences 

Insurers Subrogating in Arkansas Must Expend Energy to Prove That Their Insureds Have Been Made Whole 

Game of Rooms – Strategies for Conquering Your Next Mediation 

Pennsylvania House Bill Introduced to Protect Venue Rule in Medical Professional Liability Cases 

When an Insurer Proceeds as Subrogee, Defendants Cannot Assert Contribution Claims Against the Insured 

Washington Court Tunnels Deeper Into the Discovery Rule 

New York City Council’s Carbon Emissions Regulation Opposed by Real Estate Board 

To Fix Securities Class Actions, Put Damages Analysis First 

California Court Invokes Equity to Stretch Anti-Subrogation Rule Principles 

Declarations: The Coverage Opinions Interview With Preet Bharara 

Privileged Communications With a Testifying Client/Expert 

Economic Nexus Laws: Following Wayfair, US States Take Action 

Possible and Significant Changes Coming to the CCPA 

2019 Proposed Amendments to the Delaware General Corporation Law 

“Magic Arms”: The Future of 3D Printing and Its Impact on Healthcare 

Key Issues for Preferred Equity Investors in Real Estate Transactions 

Delaware Supreme Court Rejects the Trial Court’s Statutory Appraisal Analysis in Aruba Networks 

Sharing Privileged Communications: What Insurers and Reinsurers Need to Know 

Tax Freedom Day 

Why GDPR Should Not Stifle Information Sharing 

Delaware Chancery Court Opens Discussion of Enhanced-Independence Director Deference for Controller Transactions 

Through the Eyes of a Surgeon: Interview with Dr. Matthew Finnegan 

Digital Twin Technology in Healthcare 

St. Bernard Parish: Federal Circuit Washes Away Takings Clause Claims Arising from Hurricane Katrina 

Proposal to Cut Venue Rule in Medical Malpractice Cases Sparks Debate 

CMS Finalizes Policies to Expand Telehealth Access for Patients 

Fire Loss Subrogation Counsel and Origin and Cause Consultants Must Work Together in Responding to Opinion Admissibility Challenges 

The Pennsylvania Medical Marijuana Act and Implications for the Workplace 

Arbitration: For Whom the Statute of Limitations Does Not Toll in Pennsylvania 

New Jersey Court Washes Away Insurer’s Waiver of Subrogation Arguments 

Higher Ed Falls Victim to New Data Breach 

Fire Consultants Cannot Base Opinions on Speculation 

PA District Court Holds Newly Formed Arbitration Panel Should Decide Consolidation Dispute 

New Jersey Jury Unanimously Finds Johnson & Johnson Not Liable in Latest Talcum Powder-Based Mesothelioma Litigation 

Tenants Who Negligently Cause Fires in Florida Beware: You May Be Liable to the Landlord’s Insurer 

JPM Coin and the Future of Commercial (and Maybe Consumer) Transactions 

Minnesota "Fryes" the Difference Between Novel Scientific Theory and Novel Science 

What Types of Insurance for Startups? Consider Your Risks and Liabilities 

New Amendment to NJ Law Against Discrimination Renders Common Employment Agreement Provisions Unenforceable 

Westchester County, NY Employees Are Now Entitled To Paid Sick Leave 

The Integration of eICU Technology and Telehealth 

Declarations: The Coverage Opinions Interview With Leon Panetta 

US DOL Issues Opinion Letter on Employer-Sponsored Community Service Program Compensation 

Texas Court of Appeals Strictly Enforces Certificate of Merit Requirements for Claims Against Professionals 

Revised Federal Rule Regarding Class-Wide Settlements 

US DOL Proposes Salary Minimum Increases for Overtime Exemptions 

The Dangers of Transactional Precedent – The Times They Are-A-Changing 

Data Protection Laws: Following GDPR Enactment, US States Take Action 

Legislation Introduced in Pennsylvania to Provide Nurse Practitioners Full Practice Authority 

Rhode Island Examines a Property Owner’s Intended Beneficiary Status and the Economic Loss Doctrine in the Context of a Construction Contract 

District Court of Missouri Limits Whining About the Scope of Waiver of Subrogation Clauses in Wine Storage Agreements 

New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers 

Threat Information Sharing Under GDPR 

Massachusetts Court Holds Statute of Repose Bars Certain Asbestos-Related Construction Claims 

FDA Issues Final Guidance On Public Warnings And Notification Of Recalls 

Elections Aside, Pennsylvania and Ohio Provide Insight for National Duties of Care in Cybersecurity 

Indiana Court of Appeals Holds That Lease Terms Bar Landlord’s Carrier From Subrogating Against Commercial Tenant 

Estate Planning Tools to Put to Work in a Higher-Interest Rate Environment 

Pennsylvania Supreme Court Postpones Consideration of Proposed Repeal of Medical Malpractice Venue Rule 

South Carolina Clarifies the Accrual Date for Its Statute of Repose 

PCI SSC Issues New Standards for Payment Software 

Pennsylvania Senate Urges Supreme Court to Delay Considering Repeal of Venue Rule in Medical Professional Liability Cases Pending Further Study 

Declarations: The Coverage Opinions Interview With Anthony Scaramucci 

PACE Loan Considerations for Commercial Real Estate Lenders 

How a Misunderstanding of GDPR Could Heighten Cyber Exposure 

Personal Representatives and Fiduciaries: Executors, Administrators and Trustees and Their Duties 

Two Recent Cases Highlight the Importance of Complying With New York’s Coverage Disclaimer Rules 

The $29 Million Yahoo Derivative Data Breach Settlement: What Next? 

PA and NJ Workers' Compensation Benefits for 2019 

Best Practices For Personal Data Security #DataPrivacyDay 

In New Jersey, Workers’ Compensation Liens Are No Longer Subject to the Verbal Threshold 

The Complex Insurance Coverage Reporter – A Year in Review 

Maximizing Mandated Mediation in D&O Coverage Disputes 

Third Circuit Affirms Six-Figure Award Against Employees in FLSA Case 

Minnesota Reaffirms Statutory Anti-Subrogation Rule 

SEC Adopts New Hedging Disclosure Rules 

Pennsylvania Federal Court Addresses Recurring Asbestos Coverage Issues 

Delaware Chancery Court Orders Papa John’s to Deliver Materials Responsive to a Director’s Books and Records Demand 

California Court of Appeals Holds Subrogating Carrier Cannot Assert Claims of Its Suspended Insured 

Illinois Supreme Court Holds That the Implied Warranty of Habitability Does Not Extend to Subcontractors 

Cross-Plan Offsetting to Recoup Overpayments to “Out-Of-Network” Providers Held Unreasonable 

DFS Wins New York State Appeal Reinstating Portions of Regulation Aimed at Controlling Title Insurance “Marketing” Expenses 

Amendments to Massachusetts Data Breach Law Impose New Requirements 

HHS Issues Voluntary Cybersecurity Guidelines for the Healthcare Industry 

Recent Cases Shed Light on Enforcement of Foreign Arbitration Awards 

California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured Offsite 

Supreme Court Rejects “Wholly Groundless” Exception to Question of Arbitrability 

Pennsylvania Supreme Court Considering Repeal of the Venue Rule in Medical Professional Liability Cases 

Eighth Circuit Holds Deposition Testimony Shows Adequate Notice Given for TCPA Exclusion 

In Massachusetts, the Statute of Repose Applies to Consumer Protection Claims Against Building Contractors 

Declarations: The Coverage Opinions Interview With The Honorable Jack Weinstein 

Vermont Supreme Court Holds “False Pretense” Exclusion Ambiguous in Phishing Scam 

New Notification Requirements for Pennsylvania Medical Providers 

Delaware Chancery Court Invalidates Charter Provisions Requiring Federal Forum Selection for Claims Under The Securities Act Of 1933 

OCR Seeks Feedback for Modifying HIPAA Rules to Promote Efficiency and Reduce Burdens Placed Upon Covered Entities 

Declarations: The Coverage Opinions Interview With Fred Fielding 

A Focus on Variable Interest Entities 

Purported Assignment and Power of Attorney Held Invalid in Provider’s Suit to Recover Health Benefits 

First Joint Cross-State HIPAA Breach Lawsuit Brought in Response to 2015 Cyberattack 

Threat Information Sharing and GDPR: A Lawful Activity that Protects Personal Data 

New York State Trial Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues 

Florida Decides Against Adopting Daubert 

Insureds Suing Individual Adjusters – What Will Change If The Washington Supreme Court Decides That Adjusters May Be Sued For Bad Faith? 

The SEC Expands Its Enforcement Efforts to Include Cryptocurrency Exchanges 

New York Appellate Court Holds Insurer’s Failure to Defend Does Not Constitute a “Reasonable Excuse” Required to Overturn Judgment 

Delaware Superior Court Applies “Capacity” Exclusion to Deny Coverage Under D&O Policy 

Wisconsin Court of Appeals Holds Economic Loss Doctrine Applies to Damage to Other Property If It Was a Foreseeable Result of Disappointed Contractual Expectations 

Five Quick Thoughts on Dittman 

The Pennsylvania Bad Faith Statute is Not a Shield for Medical Provider Fraud 

Delaware Chancery Court Declines to Apply Zapata-Like Analysis to Deceptive Conduct Affiliated With an Independent Board 

Delaware Supreme Court Rules Insured’s Claim Too Late, Reverses Bad Faith Judgment 

Marriott’s Starwood Data Breach Could Expose 500 Million Customers 

California Federal Court Rules Excess Policy Not Triggered by Underlying Insurers’ Payment of Uncovered Loss 

“Bad Kamara/Good Karma” — Life After Hartford v. Kamara 

Despite Limited Restriction on Extraterritorial Reach, Second Circuit Leaves Potential for FCPA Liability Wide Open 

Insight and Analysis of California’s New Gender-Specific Board Requirements 

Ohio Rejects the Majority Trend and Finds No Liability Coverage for a Subcontractor’s Faulty Work 

Pennsylvania Supreme Court Holds Employers Have Duty to Protect Employee Data from Cyberattacks 

Third Circuit Court of Appeals Concludes “Soup to Nuts” Policy Does Not Include Faulty Workmanship Coverage 

OIG Recommendations to the FDA for Medical Device Cybersecurity: Foretelling Additional Regulation and Requirements for Controls? 

Strategies for Conquering Your Next Mediation 

Florida Court of Appeals Holds Underlying Tort Case Must Resolve Before Third-Party Spoliation Action Can Be Litigated 

Delaware Chancery Court Provides Guidance on Prior Material Breach and Set-Offs 

Cultural Competency: From the Field to the Boardroom 

Declarations: The Coverage Opinions Interview With Michael Chertoff 

A Tort Claim Is Not a Debt Within the Meaning of the Colorado’s Fair Debt Collection Practices Act 

Major Changes to MA Superior Court Motion Practice 

Opportunity Zone Tax Incentives: Significant Guidance from the IRS 

Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose 

Cultural Competency: From the Field to the Boardroom 

Trick or Treat: Does the SEC’s October Report Signal a New Shift in Cybersecurity Enforcement? 

Security of Critical Infrastructure Relies on Businesses to Build Resilience 

PA Supreme Court Declines to Consider Constitutional Challenge to Statutory Damages Cap Applicable to Commonwealth Agencies 

ABA Issues New Cybersecurity Ethics Rules for Lawyers 

Courts Favor Arbitration in Two Recent Construction Dispute Cases 

Shareholders Agreements: Insurance for Entrepreneurs 

Seven Steps to Stay Safe Online in the Workplace 

Conference of County Bar Leaders of the Pennsylvania Bar Association – Training the County Bar Leaders 

Delaware Enforces Common Stockholder Contractual Waiver of Appraisal Rights 

Eleventh Circuit Reinforces the Importance of Broad-Form Language in “Related Claims” Provisions 

New York State Mandatory Sexual Harassment Training Finalized and Deadline Extended 

Five Steps to Make Your Home More Cyber Secure 

How a Cybersecurity Antitrust Dispute Could Undermine Confidence in Cybersecurity Products 

California Supreme Court Holds That Evidence of Industry Custom and Practice May Be Admissible in a Design Defect, Strict Product Liability Case 

Five Questions (And Possible Good Answers) Boards of Directors Should Ask About Cybersecurity 

Five Questions (And Possible Good Answers) Boards of Directors Should Ask About Cybersecurity 

Delaware Court Rejects Contract Liability Theory in Medical Negligence Case 

A Divided Florida Supreme Court Drastically Expands Liability for Bad Faith Claims 

Reps & Warranties Insurance Claims – Observations on AIG’s 2018 Claims Report 

Covering an American Epidemic: Insurance Coverage Issues Arising out of the Opioid Crisis 

Medidata and American Tooling Courts Misunderstood Tech 

The Viability of Dually Direct and Derivative Claims Is Under Fire in Delaware Corporate Litigation 

Delaware Adopts New Anti-Sexual Harassment Law 

PA Supreme Court Dramatically Changes Scope of Qualified Immunity for Government Entities for Torts Related to “Operation of a Motor Vehicle” 

New Law Significantly Expands CFIUS Jurisdiction and Mandates Declaration to CFIUS for Certain Transactions 

Corporate Statements About GDPR Spark Securities Class Action Lawsuit 

New York State Trial Court: Non-Cumulation Provision in Excess Policies Mandates “All Sums” Allocation 

Significant Vulnerability Discovered in Software Platform Serving Close to 2,000 Banks 

Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion 

New York State Issues Model Sexual Harassment Prevention Policy and Training 

Carmack Amendment Loss Claims Should Indicate a Specified or Determinable Amount of Money 

The #MeToo Rep: M&A in the #MeToo Era 

“Second Tranche” of Section 301 Tariffs on Chinese Imports Effective August 23 

Talking ‘Bout A (Healthcare Economy) Revolution 

Restatement of the Law-Liability Insurance Debate Now Shifts to Its Impact 

Back to Basics: Board and Special Litigation Committee Investigations in Shareholder Derivative Litigation 

Pennsylvania Human Relations Commission to Accept Complaints of Discrimination Based on LGBT Status 

A Teachable Moment on Adequate Disclosures 

Supreme Court of Pennsylvania to Evaluate Seminal Roverano Decision 

SEC Issues Final Rule Increasing the Rule 701 Disclosure Threshold and Requests Comments on Modernizing Compensatory Arrangements 

Dentistry Talks: Dental Industry and Health in America 

Rhode Island District Court Dismisses Plaintiff’s Case for Spoliation Due to Potential Unfair Prejudice to Defendant 

New Massachusetts Law Substantially Restricts Employee Non-Compete Agreements 

Mortgage and Pledge of Equity — Clogging the Equity of Redemption? 

Newly Passed Delaware LLC and LP Law Amendments Require Attention to Various Contractual Arrangements 

Utah’s Highest Court Holds That Plaintiffs Must Properly Commence an Action to Rely on the Relation-Back Doctrine to Overcome the Statute of Repose 

Endorsements in Social Media 

Does the Fifth Circuit’s Decision in Spec’s Suggest a Breach for Cyber Coverage Into Other Insurance? 

Favorable Market Conditions Lead to Renewed Interest in SPACs 

Data Breach Report Reveals Cost Saving Measures for Companies 

JOBS Act 3.0 Passes US House of Representatives 

New York Federal Court Holds That the Montreal Convention Does Not Allow a Party to Recover Inspection Costs Where Cargo Suffers No Physical Damage 

Recent District Court Decision Provides for Molded Verdict to Offset Tax Consequences of Lump-Sum Award 

Delaware Supreme Court Offers a Cautionary Reminder on Disclosure Adequacy 

Clever Lawyering Does Not Thwart Communications Decency Act Immunity 

The Internet of Things: Are Government Regulation Efforts Too Little, Too Late? 

New Prescription Guidelines for Workers' Compensation in Pennsylvania 

Supreme Court of Kentucky Holds Plaintiff Can Recover for Stigma Damages in Addition to Repair Costs Resulting From Property Damage 

Delaware Court of Chancery Orders Investment Fund and Manager to Pay Over $20 Million in Damages for Demise of Tech Company 

Pennsylvania Supreme Court Will Not Address Trigger for DEP Environmental Cleanup Action at This Time 

Declarations: The Coverage Opinions Interview With Former U.S. Senator Chris Dodd 

Delaware Supreme Court Choice of Law Ruling Vacates a $13.7 Million Verdict Against Travelers 

California Implements the Most Stringent Privacy Law in the United States: Will Businesses be Affected? 

California Implements the Most Stringent Privacy Law in the United States: Will Businesses Be Affected? 

The ALI Restatement – What Lies Ahead? 

Supreme Court of Idaho Rules That Substantial Compliance With the Notice and Opportunity to Repair Act Suffices to Bring Suit 

Second Circuit Holds Phishing Email Using PHP Script is Covered “Computer Fraud” 

Delaware Weighs in on Reformation of Contract for Misunderstanding as to Earn-Out 

Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable 

New York’s Cyber Regulations Now Apply to Credit Reporting Agencies 

Wayfair Update: United States Supreme Court Allows Sales Tax Collection on Internet Sales 

ICO-Related Claims and Insurance Coverage: Questions You Should Be Asking 

Northern District of Mississippi Finds That Non-Work Property Damages Are Not Subject to AIA’s Waiver of Subrogation Clause 

United States Supreme Court Ruling on Agency Fees Favors Employers 

Pennsylvania Supreme Court Declares Future Credit on Medical Benefits Dead 

Supreme Court Alert: The Government Must Obtain a Warrant for Cell-Site Records 

Delaware Bankruptcy Court Sustains Objection to Claim on a Note Transferred in Violation of Anti-Assignment Restriction 

Kaepernick Case Raises Arbitrator Subpoena Power Questions 

Minnesota Clarifies the “Machinery/Equipment” Exception to the Statute of Repose for Improvements to Real Property and Adopts Test for Establishing a Post-Sale Duty to Warn 

Delaware Seeks to Incentivize Start-Up Technology Companies to Headquarter in the First State 

Second Circuit Adopts Heightened Standard for Distinguishing Evident Partiality of Party-Appointed Arbitrator 

The Economic Growth, Regulatory Relief and Consumer Protection Act Amends a Key Provision of Rule 701 

Appellate Division: Violation of New York Insurance Law § 3420(d)(2) Does Not Constitute an Unfair Claims Handling Practice 

Delaware Chancery Court Applies Strict Statutory Construction to Reject Appraisal Rights Following Reverse Merger 

Ninth Circuit Rejects Insured’s “Internal Business Practice” Argument and Enforces D&O Policy’s Broad Professional Services Exclusion 

Declarations: The Coverage Opinions Interview With Dan Abrams 

Florida Extends Filing Time for Claims Subject to the Statute of Repose 

Another Court Broadly Construes “Interrelated Wrongful Acts” Provision 

South Carolina’s New Insurance Data Security Act: Pebbles Before a Landslide? 

Pennsylvania Federal District Court Grants Summary Judgment on NIED Claim Involving an Alleged Negligent Diagnosis 

United States Supreme Court to Decide Internet Sales Tax Case 

Third Circuit Issues Precedential Ruling: “Anti-Assignment” Clauses in ERISA-Governed Health Insurance Plans Are Enforceable 

Batten Down the Boilerplate: Drafting Your Contracts in Uncertain Times 

In Epic Case, Supreme Court Reverses NLRB Course on Class Action Waivers 

Is a “Vice President” an Officer for Indemnity Purposes? Delaware and New Jersey Weigh In 

Update: Texas Supreme Court Issues New Opinion in Menchaca Bad Faith Case 

Delaware Court Enforces Strict Compliance With Notice Provisions 

Supreme Court Opens the Door for States to Legalize Sports Betting 

Massachusetts Supreme Judicial Court Clarifies Test for Determining Who is an “Employee” for Purposes of Workers' Compensation Eligibility 

Massachusetts Supreme Judicial Court Rules Universities May Have Limited Liability When a Student Commits Suicide 

Declarations: The Coverage Opinions Interview With Judge Robert Braithwaite 

Utility Patents and the Sneaker Wars: Nike Alleges Infringement of Multi-Billion Dollar Technologies 

Connecticut Supreme Court Holds That Landlord’s Insurer Can Pursue Equitable Subrogation If Lease Requires Tenant Have Insurance and Holds Tenant Responsible for Damage 

Texas Court of Appeals Confirms That, in Order to “Bring Suit” Within the Statute of Limitations Period, a Plaintiff Must Exercise Due Diligence to Serve the Complaint 

New IRC Section 83(i) Introduces Election to Defer Tax on Certain Stock Options and RSUs 

Deconstructing Construction Claims: Issues to Consider When Handling Construction Defect Subrogation 

Countdown to the Massachusetts Equal Pay Act: Will You Be In a Safe Harbor or Rough Waters Come July 1? 

New York's Highest Court Rejects "Unavailability" Exception to Pro Rata Allocation in Long-Tail Claims 

Stormy Daniels Case Raises Interesting Issues Concerning Arbitration Law 

District of Maryland: Prior Knowledge Exclusion in Policy Application Bars Coverage 

DoD Issues New Guidance to Drive Compliance with NIST 800-171 Cybersecurity Requirements 

Mixed Results for Employers in Legal Challenge to Philadelphia’s Salary History Ban Ordinance 

Wisconsin Appeals Court Finds No Duty to Defend Under Excess Policies 

Another Court Applies New York’s “Sufficient Factual Nexus” Test to Related Claims 

IRS Announces Significant Changes to Offshore Account Disclosure Programs 

Delaware Supreme Court Continues Recent Spate of Decisions Appraising Fair Value of a Company’s Stock Below Deal Price 

PA Green Lights Dry Leaf Cannabis and Other Updates to Medical Marijuana Laws 

Taxation of Carried Interests: 2017 Tax Act and Supplemental Guidance 

Insurers May Consider Extrinsic Evidence “Irrelevant to the Principal Merits” in Evaluating the Duty to Defend 

US Department of Labor Issues Three New Opinion Letters After Nine-Year Hiatus 

Key Provisions to Focus on When Negotiating Senior/Subordinate Co-Lender Agreements 

No Coverage for Seafood Importer Netted in Phishing Scam 

Holding Amazon Accountable: The Indecency of the Communications Decency Act Defense 

2018 Proposed Amendments to the Delaware General Corporation Law on Appraisal Rights and Ratification of Defective Acts 

Plaintiffs No Longer Have to Demonstrate the Absence of Comparative Fault to Avoid Summary Judgment in New York 

New York’s Court of Appeals Clarifies the Burden of Proof in Summary Judgment Cases 

Leasehold Financing: Key Issues for Mortgage Lenders 

FTC Issues Updated Guidance for Avoiding Antitrust Liability for “Gun Jumping” During M&A Negotiation and Due Diligence 

CEO Zuckerberg: Facebook User Settings Protect Individual Data – Congress Is Not So Sure 

Declarations: The Coverage Opinions Interview with Michael Rubinoff 

Supreme Court Holds That the Tolling Statute Applicable to State Law Claims Subject to Federal Supplemental Jurisdiction Stops the Statute of Limitations Rather Than According Plaintiffs a Grace Period 

Technology, the New Frontier of National Security: Trump Blocks Broadcom’s Proposed Takeover of Qualcomm 

After the Driverless Fatality, Insurance and Litigation Will Be Forever Changed 

Patient Safety Protections Require Hospitals to Comply With Mandated Protocols 

Insurers of Directors and Officers of Delaware Corporations Must Take Heed of The Superior Court’s Recent Murdock Decision 

$37 Million Verdict in Talc Mesothelioma Lawsuit Underscores Potential Exposure for Talc Manufacturers and Retailers 

Cyber Law: Pennsylvania Supreme Court Watch 

McConnell Set to Propose Legislation to Legalize Industrial Hemp 

DC Circuit Court Rejects FCC’s Expansive Definition of ATDS in Long-Awaited TCPA Decision 

Social Media in Litigation: The Increasing Impact and Evolving Standards for Discoverability and Admissibility 

New York Court of Appeals Rejects Unavailability Exception to Pro Rata Allocation 

Coalition of State Attorneys General Send Letter Demanding Answers from Facebook 

SEC Enforcement Action Shines Light on Equity-Based Compensation Disclosure Compliance of Private Companies 

FTC to Investigate Facebook's Use of Personal Data 

The Changing Shape of Bad Faith under the Restatement: What Are the Consequences When an Insurer Breaches Its Duty to Settle or Defend? 

California Federal Court: “All Sums” Allocation Applies to Meso Case Under CA and NY Law 

Florida Court of Appeals Clarifies How the Statute Governing Indemnification Provisions in Construction Contracts Applies 

Financial Reporting for Foreign Private Issuers Before the SEC 

Recent Healthcare Fraud Suit Puts Private Equity Industry on Notice as to Potential Liability for Portfolio Company Conduct 

Insider Trading Charges Brought Against CIO for Post-Breach Trading 

SEC Issues Guidance to Cryptocurrency Exchanges 

Department of Labor Announces New Payroll Audit Pilot Program 

Superior Court of Pennsylvania Rejects Pre-Tincher Product Liability Jury Instruction and Grants Tincher Defendant a New Trial 

2017 Tax Act: Choice of Entity 

Declarations: The Coverage Opinions Interview With Former New York Governor George Pataki 

Delaware Chancery Court Clarifies That Section 144 Compliance Will Not Automatically Bestow Business Judgment Protection 

Finding Plaintiff Intentionally Spoliated Evidence, the Northern District of Indiana Imposes Sanctions 

United States v. Microsoft Raises Significant Questions Regarding Application of the Stored Communications Act 

US Supreme Court Narrows Dodd-Frank Act Whistleblower Protections 

Delaware Chancery Court Brings Further Clarity to the Influence of Deal Price on Fair Value In Statutory Appraisal Actions 

Second Circuit Holds Sexual Orientation Protected Category Under Title VII 

FDA Releases Draft Guidances to Enhance Drug Supply Chain Security 

Washington Suburb Targeted by Cybercrime and Ransomware Attacks 

Spotify Is Bypassing a Traditional IPO in Favor of Direct Listing. Should Other Companies Follow Its Lead? 

Delaware Chancery Court Finds Unaffected Market Price to Be Fair Value in a Post-Dell Appraisal Decision 

An Insurer's Guide to Reserving Rights: Tips for Avoiding Waiver and Estoppel 

PA and NJ Workers' Compensation Benefits for 2018 

Superior Court of Pennsylvania Reverses Tincher and Rules that Azzarello Jury Instructions Fail to Conform to Applicable Law 

Food for Thought: FDA’s New Foreign Supplier Verification Program 

Responsive Pleadings: Preliminary Objections, Answers and Counterclaims 

New Jersey Adopts Series of Changes for Corporations 

2019 Medicare Advantage and Part D Advance Notice Part II and Draft Call Letter 

Utah’s Supreme Court Addresses When an Insurer Can, Despite the Made Whole Doctrine, Proceed in Its Own Name 

FTC Announces Annual Revisions to HSR Thresholds 

Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs 

Cumulus Media Reminds Lenders to Carefully Draft Covenants in Credit Agreements 

Declarations: The Coverage Opinions Interview with Bob Woodruff 

SEC Halts Outright ICO Scam and Appoints Receiver 

Recent Insights from the SEC Regarding Dodd-Frank Rulemaking and Initial Coin Offerings 

Walmart is Winner in Derivative Suit Race to the Finish Line 

After Nearly 100 Years, the Frye Standard Still Has Some Teeth 

The “Hungry Tapeworm” of Healthcare the New Joint Focus of Amazon, Berkshire Hathaway, JP Morgan 

Ohlbaum on the Pennsylvania Rules of Evidence (Advisory Board) 

Key Considerations of the Qualified Business Income Deduction 

Drafting Tips: “Best Efforts” And Variations on the Theme Under Delaware Law 

FDA Issues Draft Guidance on Public Notification of Recalls 

Delaware Shoots Down Right-to-Work Legislation 

California’s Right to Repair Act Applies to Construction Defects Resulting in Either Economic Loss or Property Damage 

Supreme Court of Virginia Holds that Intentional Spoliation of Evidence is Required for an Adverse Inference Jury Instruction 

Meet the Managing Partner: Patti Santelle 

Pennsylvania’s Fair Share Act: Reshaping Apportionment in Strict Liability Cases 

DOL Adopts Court Favored “Primary Beneficiary Test” For Internship Programs 

A Disruptive Resolution for the New Year 

Ohio Court Of Appeals: Absolute Pollution Exclusion Bars Coverage For Workplace Coal-Tar Pitch Exposure Claims 

Texas Supreme Court to Rehear Menchaca Bad Faith Case 

Recent Bankruptcy Court Decision Reminds Lenders That Perfection of a Security Interest May Not Be Enough to Protect Funds in a Bank Account 

The FCPA in 2018 

Deducting 2018 Real Property Taxes Prepaid in 2017 Comes with Caveats 

Substantive Federal Tax Changes Now a Reality 

Dell Reversal Welcome News for M&A Dealmakers 

2017 Federal Tax Act - Business Tax Provisions 

2017 Federal Tax Act – Individual Tax Provisions 

2017 Federal Tax Act - Pass-Through Entity Tax Provisions 

2017 Federal Tax Act – International Tax Provisions 

Coverage For Defense Costs Under Excess Policies – Missouri Court Surveys the Landscape 

More Autonomy For Boards to Decide Whether a Shareholder Proposal Should Go on a Corporate Ballot? SEC’s New Guidance on Shareholder Proposals Taken to Test 

FCC Rolls Back Net Neutrality 

New York Court of Appeals Disavows the “Bellefonte Rule” 

Harassment Can Happen Anywhere. Is Your Business Taking the Necessary Steps? 

Top 10 Coverage Cases of 2017 (17th Annual) 

SEC’s Government-Business Forum on Small Business Capital Formation Goes on Tour, Bringing Diverse Voices to the “Rock Star” of Small Business Cities 

Not So Fast! How Many Signatures Does it Take to Create a Binding Contract? 

With No Informed Consent Claim, Are Risks and Complications of a Surgical Procedure Admissible? 

“Tax Cuts and Jobs Act” Proposes Changes to the Treatment of CFCs in Securing U.S. Borrowings 

Key Takeaways from Real Estate and Finance Forum 

Ninth Circuit to Address Application of Pollution Exclusion to Indoor Carbon Monoxide Exposure Claim under Oregon Law 

Hostile Work Environment Claims in Today’s Workplace 

Connecticut Supreme Court to Review Several Issues in Asbestos Coverage Case 

NAIC Passes Insurance Data Security Model Law: What Insurers and Brokers Can Expect 

Excess Insurer’s Duties Clarified by 9th Circuit 

Federal Tax Reform Continues to Inch Forward 

Nevada Refuses to Increase Plaintiff’s Burden Of Proof for Product Liability Design Defect Claim 

The Solo and Small Firm Section: A Natural Fit for Many Minority Bar Committee Members 

US Senate Joins House in Striking Down CFPB Arbitration Rule 

Congressman Calls for Delay as CAT Deadline Nears 

U.K. Proposes Heightened Oversight Over Certain M&A Transactions to Protect National Security 

Healthcare Reform Progress or More Fits and Starts? 

President Blocks Chinese Acquisition of U.S. Corporation 

Investigating MIC: An Overview for Subrogation Professionals Evaluating Losses from Microbiologically Influenced Corrosion in Sprinkler Systems 

The Controversy Continues: Kaepernick Files Grievance Against NFL 

Internet of Medical Things Resilience Partnership Act of 2017 

Breaching the D&O Firewall: The Rise of Cybersecurity Regulations for Businesses and the Future Effects on D&O Insurance 

Complex Insurance Coverage Reporter 

ICOs in the Sights of Regulators – Is the Party Over? 

Contract Terms Can Impact the Accrual Date For Florida’s Statute of Repose 

Declarations: The Coverage Opinions Interview with Blind Melon's Rogers Stevens 

The New National (Labor Relations Act) Anthem 

Made In America Claims For Foods 

Philadelphia Court Rejects Expert Methodology for Detecting Asbestos 

Key Provisions to Focus on when Negotiating Intercreditor Agreements 

Real Estate Finance and Bank Regulatory Capital: Will HVCRE be Replaced by HVADC? 

US Department of Education Issues New Interim Guidance on Campus Sexual Misconduct 

Rancosky Adopts Terletsky: Pennsylvania Supreme Court Sets Standard for Statutory Bad Faith Claims 

Policing Financial Cyber-Crime: SEC Announces New Cyber Unit 

How Employers Can Respond to the Equifax Breach 

Fall 2017 Healthcare Update: If at First You Don't Succeed, Try, Try Again 

Ten Considerations for Financing Medical Office Buildings 

Driving Under the Influence of Opioids 

Declarations: The Coverage Opinions Interview with Ben Brafman 

House Bill Clarifies Start Point for Florida’s Statute of Repose 

Recent Ruling a Caveat to Private Equity Investors 

Possible Real Estate and Use and Occupancy Tax Relief for Philadelphia Commercial and Industrial Property Owners 

ALI Liability Insurance Restatement: Latest Happenings 

5 Things Insurers' GCs and Their Boards Must Know for Cybersecurity 

Bureau of Consumer Financial Protection Issues New Arbitration Rule; U.S. House of Representatives Rejects It 

Massachusetts Holds That Insurers Need Not Fund Insured’s Counterclaims 

California Limits Indemnification Obligations of Design Professionals 

Legalized Marijuana Sector Reaches New Highs: Safeguards for Investors and Creditors 

Choosing Delaware Law Does Not Mean You Can Litigate in Delaware 

No Insurance Coverage for Phishing Scam 

Revisiting Stock Transfer Restrictions 

Delaware Allows Blockchain to Create and Maintain State Corporate Records 

Taming the Wild West of Initial Coin Offerings: SEC Provides Guidance 

Update: "Skinny Bill" Fails in Senate Vote 

West Virginia Enacts "Innocent Seller" Legislation 

ACA Repeal Advances In Senate 

Avoiding Hostile Work Environment Claims in Today’s Workplace 

Massachusetts Pregnant Workers Fairness Act Expected to Become Law 

Third Circuit Upholds Dismissal of Civil Rights Claims Arising from Report of Suspected Child Neglect 

DOL’s Year-End Mic Drop: Final Rule Amending ERISA Disability Claim Procedure Regulations Released 

BCRA Update: McCain Health Scare Delays Senate Vote; Newly Added “Consumer Freedom Option” is Criticized 

Delaware Chancery Court Clarifies Effectiveness of Share Transfer Restrictions 

Declarations: The Coverage Opinions Interview with Floyd Abrams 

Providing Informed Consent to a Patient Must be Done by the Physician Only 

Doc, You’re Addicted (to prescribing): Going Opioid Free in the ED 

Beyond the Scope: In Some Jurisdictions, You May be Able to Argue that a Subrogation Waiver Clause Does Not Apply to Damaged Areas Outside the Scope of the Work in Construction Contracts 

The Better Care Reconciliation Act: Overview of CBO Analysis and Healthcare Industry Reactions 

Revised Common Level Ratios Provide Opportunity for Tax Savings 

Third Circuit Rejects Automatic Denial of Tolling of Statute of Limitations During Pendency of Section 220 Books and Records Action 

Massachusetts Supreme Judicial Court Rules Duty To Defend Does Not Include Duty To Prosecute Counterclaims 

Ban On Disparaging Trademarks Deemed Unconstitutional 

U.S. Supreme Court Again Curbs Personal Jurisdiction for Out-of-State Corporations 

The Fraud Carve-Out Revisited - EMSI and its Warnings for Dealmakers 

Supreme Court Blesses Church-Affiliated Nonprofits With ERISA Exemption Decision 

Proposed "Tech Tax" Could Derail PA Start-Up Businesses 

Chancery Court Clarifies DGCL Section 204 Cannot be Invoked to Ratify Deliberately Unauthorized Corporate Acts 

US Secretary of Labor Withdraws Guidance Regarding Independent Contractors 

Task Force Issues Report on Health Care Industry Cybersecurity Challenges and Recommendations 

In Kentucky, the Economic Loss Doctrine Precludes Negligent Misrepresentation Claims Only in the Context of a Commercial Product Sale 

Applying the Statute of Repose for Construction Claims, Colorado's Supreme Court Finds Third-Party Claims Timely-Filed 

Uncertainty Surrounds Philadelphia's Salary History Inquiry Ban 

ALI Liability Insurance Restatement - Final Approval Delayed: What It Means 

Supreme Court Limits Venue in Patent Cases in TC Heartland 

Patient Care of Constitutional Proportions: Exposure to Civil Rights Litigation 

NYDFS Cybersecurity Regulations and NAIC Model Law: What Insurers Need to Know 

Declarations: The Coverage Opinions Interview with Scott Turow 

Pennsylvania Partnership and LLC Law Revised 

New York City Freelance Isn't Free Act Now in Effect 

UPDATE: U.S. DHS Issues Revised Alert on WannaCry Ransomware 

In Ohio, When a Subrogating Insurer is the Plaintiff, Defendants Should not File Contribution or Indemnification Claims Against the Insured 

Evolution or Revolution: How Technology Partnerships Drive Value Based Care, Part 2 

Transcending Gender in Modern Healthcare 

To Err is Human, to Admit is Divine: Public Disclosure of Medical Errors 

Could a Fitbit Save Your Life? 

Crisis Communications in an Attention Deficit Age 

The Check is in the Mail – No Really it is! 

The Fair Share Act Impacts the Strategic Planning of a Jury Trial 

Proposed Federal Income Tax Reform Still a Guessing (and Waiting) Game 

Two Decisions That Should Frighten Insurers 

Assigning Loan Documents: Practical Reminders 

New York State Department of Financial Services Publishes FAQs and "Key Dates" for its Cybersecurity Regulation 

Evolution or Revolution: How Technology Partnerships Drive Value Based Care, Part 1 

Pennsylvania Superior Court Affirms Verdict Against Honda Motors Despite Tincher 

Superior Court Provides Road Map for Enforceability of Arbitration Provisions in Assisted Living Residency Agreements 

Title Insurance Rate Premiums in New York: Immune to Rate Disruption? 

The Importance of Estate Planning: Where There's a Will, There's a Way 

Courts Agree That "Insured v. Insured" Exclusion Bars Coverage in "Mixed Actions" 

Pennsylvania Department of Health Releases Draft Rules for Doctors Prescribing Medical Marijuana 

Critical Security Updates Released by Leading Software and Technology Companies 

FBI Discusses International Cybersecurity Risks for Businesses 

United States Court of Appeals for the Sixth Circuit Holds That Kentucky's Economic Loss Rule Does Not Apply to Consumer Transactions 

Jevic: Structured Dismissals Must Respect Creditor Priority, but Survive Supreme Court Scrutiny (For Now) 

Youth Courts Initiative Aims to Educate and Improve the Futures of Local Students 

Department of Homeland Security Issues Internet Security Alert Ahead of Easter Holiday 

SEC Adopts JOBS Act Inflation Adjustments and Technical Amendments 

Declarations: The Coverage Opinions Interview with Gloria Allred 

The Peer Review Privilege May Not Extend to Independent Contractor Physicians 

Delaware Supreme Court Decision Highlights Interpretation of "Commercially Reasonable Efforts" and "Reasonable Best Efforts" 

SDNY Vacates Arbitration Award for Party-Arbitrator’s Nondisclosures 

Construction Mezzanine Financing 

Delaware Chancery Court Relies on Extrinsic Evidence to Resolve Merger Agreement Ambiguity 

You Just Got Sued for the First Time. Now What? 

Online Registration of DMCA Agents Becomes Mandatory 

Declarations: The Coverage Opinions Interview with Robert Morgenthau 

New York Appeals Court Rekindles the Spark 

New York Appeals Court Rekindles the Spark 

New Jersey's Entire Controversy Doctrine: A Cautionary Tale for Insurers 

Proposed Federal Income Tax Reform: Who Will the Winners and Losers Be? 

Planning Now: Possible Federal Transfer Tax Repeal 

Declarations: The Coverage Opinions Interview with Karen Korematsu 

Avoiding Split Decisions: The Pitfalls of Proceeding Separately from the Insured 

PA and NJ Workers’ Compensation Benefits For 2017 

FTC Issues Annual HSR Threshold Adjustments 

Delaware High Court Rejects Effort to Target Defense IME Physician 

PA Court Denies Common-Law Duty of Employers to Safeguard Employee Information 

2016 Tax Return Filing Update 

Proposed Arbitration Limitations and the FAA: Are We Headed for a Showdown? 

Shall We Share: Balancing the Benefits of Joining Forces and the Risks of Potential Conflicts 

New York Revises Proposed Cybersecurity Regulations, Pushes Back Effective Date 

The End of an Era for New Jersey Estate Tax: A Tax Cut Followed Closely by Repeal 

Colorado's Court of Appeals Considers How the Statute of Repose Applies in Multi-Contractor Cases 

Philadelphia Revises Realty Transfer Tax Treatment of Acquired Real Estate Companies 

SEC Continues to Protect Against Use of Severance Agreements to Impede Whistleblowers 

Chinese IP Court Hands Down Groundbreaking Damages Award; Boon to U.S. Companies with IP Interests in China 

Philadelphia City Council Agrees to Salary History Inquiry Ban 

Supreme Court: Design Patent Damages May Be Limited to Infringing Component of End Product, Rejecting Apple's $399M Award Against Samsung 

Second Circuit Certifies Question Impacting "Bellefonte Rule" 

Challenged Patent Upheld in the First Post-Grant Review Decision Involving Pharmaceuticals 

Subrogating Security: The Importance of Protecting Private Data 

Residential Mortgage Lenders and Servicers Beware of Changes to Rule 3002.1 

SEC Adopts Final Rules Modernizing Intrastate and Regional Securities Offering Laws to Assist Companies with Capital Formation 

Mentoring and Sponsorship: Thoughts Regarding Retaining Diverse Attorneys in a Commercial Litigation Practice 

White Collar Overtime Regulations Temporarily Blocked 

Triggering a Statute of Repose: When a Product Becomes Real Property 

In Georgia, a Waiver of Subrogation Clause is not an Exculpatory Clause That Must be Prominently Displayed 

In New Mexico, There Can be More Than One Statute of Repose Accrual Date on Construction Projects 

In New Mexico, There Can be More Than One Statute of Repose Accrual Date on Construction Projects 

Declarations: The Coverage Opinions Interview with Marcia Clark 

Federal Court Enjoins CMS Ban on Pre-Dispute Arbitration Agreements in Long-Term Care Facilities 

Third Circuit Compels Arbitration of Fraud in the Inducement Claim 

Lessee Deemed Statutory Employer, Immune from Tort Liability by Pennsylvania Court 

Up To The Task 

FTC Issues Data Breach Response Guide for Businesses 

Executing Documents with Powers of Attorney and Confessions of Judgment in PA Just Got Easier 

Economic Loss Doctrine Bars Negligence Claim Against Building Company Owner, Individually 

Employment Agreement Class Action Waiver Deemed Unenforceable by Delaware Court 

In Pennsylvania, Subsequent Purchasers Can Pursue Fraud and Unfair Trade Practices Claims Against Builders 

The Pennsylvania Bar Association's Veterans' and Military Affairs Committee 

What the Yahoo Data Breach May Mean for Companies 

School District of Philadelphia to Challenge Real Estate Tax Assessments 

CMS Bans Pre-Dispute Arbitration Agreements for Long-Term Care Facilities 

Insurer Exposure Limited in Suit Involving “Fight Club” Daycare 

Athletic Participants Exclusions “Clear and Unambiguous” to College Lacrosse Player’s Death During Practice 

The Court of Appeals for the Sixth Circuit Lowers the Standing Bar in Data Breach Litigation 

New York State Proposes New Cybersecurity Regulations 

In Pennsylvania, a Party May be Required to Disclose Materials in the Claim File of its Third-Party Claims 

House Passes Bill Relaxing Reporting Requirements for Private Equity Funds 

A Guide to Criminal Background Screening and Philadelphia's Ban the Box Ordinance 

Admissibility of Scientific Expert Opinion in Toxic Mold Cases: How one State’s Decisiveness Can Help Resolve Another State’s Uncertainty 

Human Resources Best Practices and Audits: Types of Audits 

Game of Drones: Liability and Insurance Coverage Issues Coming 

NLRB Rules Student Assistants Are Statutory Employees With Collective-Bargaining Rights 

Employers Beware: New Developments Require Changes in Employment Agreements 

In a Welcome Change, IRS Relaxes Section 83(b) Election Requirements 

Human Resources Best Practices and Audits: Laws and Regulations to Consider 

Concerted Actions with Sister Company in Finland Result in Delaware Jurisdiction 

Georgia Extends Anti-Indemnity Statute to Cover Professional Services 

New Pay Equity Act Signed Into Law in Massachusetts 

Modernizing Vendor Risk Management In Financial Services 

A Directly Impacted Party Can Assign its Right to Sue 

Recent Court Challenges Could Signal a Change for Special Arbitration 

Putting Out A Cyber Fire: 7 Rules For Hospitals 

New Philadelphia Anti-Wage Theft Law Begins July 1, 2016 

Recent Amendments to the DGCL Affect Appraisal Rights, Mergers and the Chancery Court's Jurisdiction 

Declarations: The Coverage Opinions Interview with John Q. Public 

Philadelphia Issues Ordinance Regarding Use of Credit Checks 

New OSHA Rule Creates Electronic Reporting Requirement 

Supreme Court Clarifies Key Principles Under The Federal False Claims Act 

Subrogating Products Liability Claims: A Law and Economics Analysis 

Fire Causation: Spreading the Culpability 

Delaware Tightens Jurisdictional Requirements for Filing Suit Against Foreign Corporations Selling Products in Delaware 

Burning Down the House: Why is a Cyber Attack Different from a Fire Under the Law? 

In Minnesota, a Tenant may, Depending on the Language of the Lease, be Liable to the Landlord for Property Damage to the Tenant's Apartment but not for Damage to the Rest of the Building 

Declarations: The Coverage Opinions Interview With Brendan V. Sullivan, Jr. 

What Obama’s Precision Medicine Initiative May Mean for Risk Management 

DOL Issues Final Rule Amending Overtime Exemptions Under FLSA 

SEC Releases Compliance and Disclosure Interpretations on Crowdfunding 

Supreme Court Expands Grounds to Object to Bankruptcy Discharge Based on Fraudulent Transfers by Debtor 

IRS Reverses Position on "Bad Boy" Guarantees 

The Voidable Transactions (f/k/a Fraudulent Transfer) Handbook - 2016 Supplement: A Practical Guide For Lawyers and Clients (Voidable Transactions Handbook) (Volume 4) 

Maryland Appellate Court, In a Matter of First Impression, Affirms the Dismissal of a Case as a Spoliation Sanction 

A New Way to Protect Trade Secrets Will Likely Be Law Soon 

Capturing the Elusive Prejudice Standard: 4th Circuit Offers "Meaningful" Test 

HALOS Act Provides Clarification on General Solicitation Under Federal Securities Laws 

Declarations: The Coverage Opinions Interview with Rev. Robert Hagan (Father Rob) - Lawyer Turned Chaplain For Villanova Men's Basketball Team 

D&O on the Cheap 

Delaware Strengthens Jurisdictional Defenses for Foreign Corporations Registered to Do Business in Delaware 

In Wyoming, the Economic Loss Rule Does Not Preclude a Negligence Claim Against Home Builders for Negligent Construction of the Home 

In Wyoming, Economic Loss Rule Does Not Preclude a Negligence Claim Against Home Builders for Negligent Construction of the Home 

Plaintiff's Past Medical History Should Be Deemed Relevant 

Reasonable Expectations of Privacy in a Not-So-Private Electronic World 

Supreme Court Refuses to Hear Appeal In Google Books Copyright Case 

Impact of Vermont’s GMO Labeling Law 

PA Supreme Court to Rule on Scope of Judges' Credibility Determinations 

Liability Coverage for Claims of Publishing Secret Data Does Not Require Access by Others 

West Virginia Supreme Court of Appeals Rejects Sutton Doctrine 

Eight Things I Learned Working In-House 

Declarations: The Coverage Opinions Interview With Carter Phillips - The Supreme Court's Frequent Trier 

Pennsylvania Supreme Court to Review Constitutionality of Using 6th Edition of the AMA Guides in IREs 

REGULATION B UPDATE: Can a Spousal Guarantor Invoke its Protections? 

“Bad Boy” Guarantees Reviewed by the IRS 

U.S. Department of Health and Human Services Issues New “Guidance” on Mobile Health Applications 

What Is the Most Interesting Liability Coverage Issue? 

FCC Issues Proposed Privacy Rules Applicable to Broadband Internet Service Providers 

Effective Non-Reliance Provisions Must be Drafted with Precision in Delaware 

Hospital Pays Ransom to Hacker in Response to Malware Attack: An Eye-Opening Reality 

EEOC Files Multiple LGBT Suits in Federal Courts 

Made in the USA: Labeling Lawsuits in America's Pet Food Industry 

Delaware Supreme Court Determines Timing of Action for Bad Faith Failure to Settle Third-Party Claim 

Tennessee's Supreme Court Holds That Intentional Misconduct is not a Necessary Prerequisite for Spoliation Sanctions 

A Brand Must Allege Facts to Survive a Motion to Dismiss Induced Infringement Claims 

Declarations: The Coverage Opinions Interview With Bert Fields - The Most Prominent Entertainment Lawyer of All-Time 

SEC Provides Guidance as Crowdfunding Set to Become Effective 

Attorneys’ Fee Award Cannot be Enhanced to Deter Misconduct 

The Judicial Redress Act – A Step Closer Toward the Privacy Shield? 

California Department of Justice Defines “Reasonable” Cybersecurity 

Double Agents, Order-Takers, and Special Advisors – The Producer’s Intriguing Role in Coverage Disputes 

Delaware Court Expands Scope of "Books and Records" Requirement in Favor of Shareholders 

Pennsylvania Eliminates Capital Stock and Foreign Franchise Tax 

Vacant Property and the Right of Redemption in Pennsylvania 

Declarations: The Coverage Opinions Interview with Raoul Felder 

Foreign Corporation Shareholders Now Liable for Unpaid Wages in New York 

The Fourth Circuit Applies a Consequential Damages Exclusionary Clause and the Economic Loss Doctrine to Bar Claims by a Subrogating Insurer Seeking to Recover Over $19 Million in Damages 

European Commission Announces Forthcoming EU-US Privacy Shield Agreement 

Three's a Trend: Second, Fourth and Ninth Circuits Uphold Broad "Related Claims" Language 

There is More than One Way to Slice the Apportionment Analysis 

Some Tips for a Cybersecurity Incident 

LexisNexis Practice Guide: Pennsylvania Estate Planning | 2016 Edition 

The Supreme Court Upholds a Cyber Trespass Conviction 

Court Confirms That "Medical Only" Means "Medical Only" 

In Texas, a General Contractor May be Liable in Tort to a Third-Party Lessee for Property Damage Caused by a Subcontractor's Work 

In Texas, a General Contractor May be Liable in Tort to a Third-Party Lessee for Property Damage Caused by a Subcontractor's Work 

Declarations: The Coverage Opinions Interview With Cyril Wecht, M.D., J.D. 

Pennsylvania Supreme Court Dismisses Appeal of Attorney Fee Award Under the Contractor and Subcontractor Payment Act 

Is Casey Viable? 

Cybersecurity Information Sharing Act of 2015 Now Law 

9th Circuit Ruling Might Be End for Zip Code Coverage Suits 

Pennsylvania Superior Court Holds That the Bilt-Rite Exception to the Economic Loss Doctrine Does Not Require an Express Representation 

Unsecured Creditor Appeals Delaware Bankruptcy Court Ruling as to Postpetition Interest on an Unsecured Claim 

"Ban the Box" Law Applies to All Philadelphia Employers 

The Meaning of "Publication" in the Electronic World - From Data Collection to Data Breaches 

Wyndham Settles FTC Data Breach Charges 

The Ninth Circuit Holds There Is No Coverage for Violation of the Song-Beverly Act 

Flipping Through The New Bankruptcy Forms 

Form Reform: Major Bankruptcy Form Overhaul Takes Effect December 1, 2015 

Discipline of Employees for Conduct Outside the Workplace: Best Practices to Avoid Claims 

CCBL Diversity Panel to Address Same-Sex Marriage and How it Affects Bar Leadership 

Maximizing Contractual Indemnity Rights: Insuring the Indemnitor's Obligation 

Maximizing Contractual Indemnity Rights: Components of an Effective Provision 

Administrative Law Judge Rules Against FTC in Data Security Enforcement Action 

Title III Securities-Based Crowdfunding: Ten Things You Should Know If You Are Considering Participating as an Issuer, Investor or Intermediary 

Maximizing Contractual Indemnity Rights: Problems with Common Law 

In Florida, Component Parts of an Improvement to Real Property are Subject to the Statute of Repose for Products Liability Claims 

In Florida, Component Parts of an Improvement to Real Property are Subject to the Statute of Repose for Products Liability Claims 

FASB Finalizes Effective Date for Proposed New Leasing Standard 

Regulating the Gatekeepers: The Regulatory Scheme for Funding Portals in Crowdfunding Offerings 

Declarations: The Coverage Opinions Interview With John Grisham 

Discipline of Employees for Conduct Outside the Workplace: Criminal Activity 

Delaware Supreme Court Holds that Employer is Free to Acquire Maximum Uninsured Motorist Coverage on a Company Car Solely for Key Personnel 

SEC Adopts Final Equity Crowdfunding Rules – Will They Be Worth the Wait? 

Discipline of Employees for Conduct Outside the Workplace: Social Media 

Senate Passes Version of Cybersecurity Information Sharing Act, Awaits Resolution with House Version 

The Philadelphia Diversity Law Group's Diversity and Inclusion Symposium: Implicit Bias, Bias Interrupters and Bias Intervention Strategies 

Philadelphia Diversity Law Group: Symposium to Address Retention and Promotion of Diverse Talent 

Not Everyone is Subject to Jurisdiction in Delaware 

Apple Secures its Permanent Injunction 

EU Reaches Tentative Agreement with U.S. to Replace Safe Harbor 

Independent Contractors and Employees in the Gig Economy 

Involuntary Bankruptcy Petitions - Use With Caution 

New Uniform Voidable Transactions Act Enacted by Eight States, Four to Consider 

The Definitive Reservation of Rights Checklist: 50 Things That Every ROR Needs 

In a Suit by a Subrogee-Insurance Company, the Insured is not Liable for Contribution 

The Developing Labor Law 

Connectivity and Cybersecurity: More Devices Means More Risk 

Lessons Learned From FMLA Retaliation Trial 

Regulation B: Who can Invoke its Protections? 

New York Supreme Court Decision Clarifies Application of Fiduciary Exception to Attorney-Client Privilege 

Commonwealth Court Rules that Using 6th Edition of AMA Guides on IREs is Unconstitutional 

European Court Rules That Safe Harbor Does Not Legitimize Personal Data Transfer 

Texas Adds More Hoops for Condominium Associations to Jump Through 

Creating a Culture of Cybersecurity in the Workplace 

Third Circuit Holds "Privacy" Means Secrecy, "Publication" Means Dissemination to the Public, and "In Any Manner" Does Not Change Meaning of Publication 

How To Lateral Without Burning Bridges 

In Kentucky, The Economic Loss Doctrine Precludes Negligent Misrepresentation Claims Only In The Context Of A Commercial Product Sale 

October is National Cybersecurity Awareness Month - Why It Matters 

The Fraudulent Transfer (a/k/a Voidable Transactions) Handbook - 2015 Supplement 

A Primer on Patent Damages 

Should Grief Damages be Recoverable Under Current Pennsylvania Law? 

Medical Document Reviewer Hired by an Insurer Does Not Owe a Duty to an Insured, Says the Third Circuit Court of Appeals 

Changes to Florida's Construction Defect Notice Statute Take Effect October 1, 2015 

In Florida, Exculpatory Clauses Do Not Need Express Language Referring to the Exculpated Party's Negligence 

Best Practices in Preparation for a Data Breach 

The Death of the Sweetheart Deal 

NLRB Changes the “Joint Employment” Standard 

Blurred Lines: New York Supreme Court Clarifies Scope of Privileged Documents in Connection with Pre-Denial Communications Prepared by Insurer's Coverage Counsel 

Healthcare Providers Face Potential Civil Liability for Failing to Report Child Abuse 

Georgia Clarifies Its Non-Party At Fault Apportionment Statute 

Getting Serious about Palcohol: Powdered Alcohol 

Securing Electronic Medical Records on Mobile Devices 

The Coverage Opinions Exclusive Interview with Attorney General Alberto Gonzales 

Representations and Warranties Insurance in a Deal 

Arbitration Provision Against Public Policy 

NLRB Tosses Northwestern University Football Team's Representation Petition 

Pennsylvania Supreme Court Adopts New Rule in Breach-of-the-Consent-to-Settle-Clause Cases 

IRS Issues Interim Guidance for Foreign Bank and Financial Accounts Penalties; Congress Changes Deadline for Filing 

Indiana's Supreme Court, In a Matter of First Impression, Finds That an AIA Waiver of Subrogation Clause Extends the Waiver to Damage to Non-Work Property 

Reasonable Accommodations: Employer Defenses to Accommodation Claims 

New York City Stop Credit Discrimination in Employment Act Effective September 2015 

Class-Action Foul Territory 

Reasonable Accommodations: Exploring Specific Accommodation Circumstances 

Employee or Independent Contractor? New Administrator’s Interpretation Issued by Department of Labor Provides Guidance 

When “Confidential” is Not: NLRB Orders Disclosure of Witness Statements 

North Carolina Court Holds That the Plaintiff's Complaint Did Not Provide Sufficient Notice to Extend the Statute of Limitations After the Plaintiff Voluntarily Dismissed Her Complaint 

King v. Burwell 

Second Circuit Disregards U.S. Department of Labor Unpaid Intern Test 

IRS Announces Changes to Estate Tax Closing Letter Procedures 

The Appellate Standard of Review for Patent Claim Construction 

Marriage Equality Comes to All 50 States 

Employment Law Considerations Following The United States Supreme Court’s Landmark Decision Regarding Same-Sex Marriage 

Judicial Review of Arbitration Decisions 

Reinstatement After Modification or Suspension due to Economic Layoffs and Plant Closings 

Reasonable Accommodations: Examining Common Requests 

Delaware Supreme Court Affirms Huge Loophole in Collateral Source Rule, Leading to Drastic Reduction in Tort Damages 

New York’s Highest Courts says Coverage for Loss from “Fraudulent Entry” into Computer System Limited to Hacking 

New York City Mayor Expected to Enact Ban-the-Box Legislation 

New Requirements for UCC Financing Statements Filed in New Jersey 

New Jersey Judge Calls for Retrial in Case of Nursing Home Act 

Reasonable Accommodations: Employer Best Practices When Receiving a Request 

The Coverage Opinions Exclusive Interview With American Pharoah 

Pennsylvania Court Refuses to Impose New Duty on Employers to Protect PII from Data Breaches 

California Homeowners Can Release Future, Unknown Claims Against Builders 

IRS Proposes Changes to the Tax Treatment of Certain M&A Costs for Consolidated Groups 

Applicability of Entire Market Value Rule in Hatch-Waxman Cases 

Suspected Off-Label Infringing Uses Do Not Equal Inducement 

The Coverage Opinions Interview With Tom Brady 

In IBM Data Breach Case, There Can Be No Publication Without Access 

Choice of Law Follows Headquarters Site: Visteon Corporation v. National Union Fire Insurance Company of Pittsburgh, PA 

Delaware Follows Louisiana Ruling that Statutory Damages Are Not Penalties: First Health Settlement Class v. Chartis Specialty Insurance Company 

Even in the Cyber World, Intentional Misconduct is Not Negligence 

Protecting Your Brand in the Brave New World 

Estate Planning Opportunities as Interest Rates Rise (and While They’re Still Low) 

Pennsylvania Coalbed Methane Gas: Is it Coal or Gas? 

Cybersecurity Unit of DOJ Publishes “Best Practices” for Responding to a Cyber Attack 

Can One Bad Apple Spoil the Bunch? re: Arctic Apples and Insurance Claims 

Delaware Lawmakers Seek Workplace Rights for Victims of Domestic Violence, Sexual Offense, or Stalking 

EEOC Proposes Amendments To Regulations On Wellness Programs 

Full House To Begin Debate On Data Security and Breach Notification Act After Approval Of Energy and Commerce Committee 

And the Cyber-Beat Goes On. Yet Another Cyber Regulatory Focus for Insurers 

Delaware Court Finds Family Doctor Has No Duty to Prevent Patient’s Suicide 

Another Data Breach Class Action Dismissed for Lack of Injury 

OSHA Publishes Updated Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers 

Navigating the "Tort Problem" in Contractual Liability Exclusions: A Matter of Timing? 

The Coverage Opinions Interview With New York Times #1 Best Selling Author Nelson DeMille 

Delaware State Court Holds that Defective Workmanship Claims do not Trigger Coverage by a Builder’s Commercial General Liability Policy 

PA Mechanic's Lien Waivers, Releases: The Nuts and Bolts 

Target data-breach settlement: A lot and a little, all at once 

Hope for Philadelphia to Increase Firm Diversity Numbers 

Supreme Court Revives Pregnant UPS Employee’s Claim 

The Covenant Judgment Problem 

No Coverage For Cyber Comments Posted Under False Names 

Not Just Another Client Alert about Cyber-Risk and Effective Cybersecurity Insurance Regulatory Guidance 

How Unsecured Creditors can Benefit from the Stabilizing Effect of Chapter 11 

Delaware Lawmakers Seek to Raise the Minimum Wage … Again 

The Coverage Opinions Interview with Robert F. Kennedy, Jr. 

Pitch Perfect: Common Sense Tips for Making a Successful Angel Investment Presentation 

Pennsylvania Mechanics’ Lien “Waivers” and “Releases”: What’s the Difference? 

Uber's Data Breach Followed By Proposed Class Action: Lessons to be Learned 

March Madness: A Man's Advertisement Is His Castle (Or Converting Coverage B Into IP Insurance) 

I’m Sorry, So Sorry: Legal Implications of Apologies and Admissions of Fault for Delaware Healthcare Professionals 

A Picture Is Worth A Thousand Words... And A Duty To Defend 

Precision Medicine's Impact on Standard of Care 

The Coverage Opinions Interview With Frank Shorter - Olympic Gold Medalist And Lawyer 

Duty to Defend Ruling Final Even Though Additional Relief Requested: Selective Insurance Company v. City of Paris 

No Right to Appeal Duty to Defend Ruling: Irving Oil Limited v. ACE INA Insurance 

Philadelphia City Council Passes Paid Sick Leave Bill 

Terrorism Risk Insurance Program Reauthorization Act Signed into Law 

DE Confirms Robust D&O Protection Despite Company Demise 

Dude, Where’s My Car? 

Pennsylvania: When Should Pennsylvania's New Strict Products Liability Law Apply? 

Pennsylvania: When Should Pennsylvania’s New Strict Products Liability Law Apply? 

Powers of Attorney: The Basics 

Navigating the Intersection of FMLA, ADA, and Workers' Compensation 

The Many Flavors of Environmental Insurance 

Knowing The Knowing Violation Exclusion 

Criminal Practice Handbook 

District Courts Must Follow Georgia-Pacific and Seagate’s Instructions 

Delaware Bankruptcy Court Confirms Robust Protection for Delaware Officers and Directors Pursuant to the Business Judgment Rule Despite Company Demise 

SEC’s OCIE Announces Its 2015 Examination Priorities 

Prehearing Motions: Toward More Efficient Arbitrations 

China's Economy in 2015 and Beyond: Leading Chinese Economists Remain Optimistic 

Pennsylvania’s Supreme Court Clarifies Pennsylvania’s Strict Liability Standard 

The Coverage Opinions Interview With Robert S. Smith, Former Judge, New York Court Of Appeals 

Delaware Courts Refine Standards Regarding Appropriate Conditions to Stockholder Inspections of Books and Records 

Entire Fairness or Business Judgment? It’s Anyone’s Guess 

Delaware Superior Court Denies Uninsured Motorist Claim of Employee Operating Company Car 

Standing In Data Breach Litigation: Lessons From 2014 

Services Gone Wild: Have Wildlife Services’ Predator Control Programs Gone Too Far? 

Pennsylvania Supreme Court’s Ruling On Certificates Of Merit And “Gist Of Action” May Make It More Difficult For An Architect Or Engineer To Seek An Early Dismissal 

Act 153: Criminal Background Checks and Clearances for Those Employed by Colleges and Universities 

Fair Labor Standards Act: Employers Do Not Have to Pay for Time in Security Lines 

NY Appellate Court Holds Common Interest Privilege Applies to Parties to a Merger 

Holiday Tips for Employers 

Post-Nautilus, Post-Interval: Indefiniteness in November 

The Coverage Opinions Interview With Former Senate Majority Leader George Mitchell 

Superior Court Of Pennsylvania Holds That CASPA Does Not Allow For Individual Claims Against A Property Owner’s Principals Or Shareholders 

Fair Labor Standards Act: A Plaintiff Must Plead Concrete Facts 

SEC Approves New Securitization Risk Retention Rule with Broad Exception for Qualified Residential Mortgages 

OSHA Tightens Grip on Employers with new Reporting Requirements 

Delaware Court Narrows Collateral Source Rule to End Recovery for “Phantom” Medical Expenses 

Massachusetts: Appeals Court Upholds Vitality of Curry v. Great Am. Ins. Co., 954 N.E.2d 580 (Mass. App. Ct. 2011), Limiting Workers’ Compensation Insurers’ Lien Recovery Rights 

Massachusetts: Appeals Court Upholds Vitality of Curry v. Great Am. Ins. Co., 954 N.E.2d 580 (Mass. App. Ct. 2011), Limiting Workers’ Compensation Insurers’ Lien Recovery Rights 

Pennsylvania Superior Court Tightens Requirements for Co-Worker Affidavits in Asbestos Cases 

The Coverage Opinions Interview with Oscar Goodman - From Mob Lawyer to Mayor of Las Vegas 

Converse Hopes Red Soles Can Protect Chuck Taylor 

Commonwealth Court Holds That Award of Attorney's Fees and Penalties is Mandatory Under the Procurement Code Upon a Finding of Bad Faith 

Insurance Telematics and Usage-Based Insurance Products 

Wrestling with the Reptile: How to Identify and Neutralize “Reptile” Strategy Before It’s Too Late 

Defending Insurer Allowed to Collect Pro Rata From Previous Insurer: Travelers v. Netherlands Insurance Company 

Guarantee Fund Liable for Breach: Snyder v. California Insurance Guarantee Association 

Coverage for Suffocation of Hogs Executed By 'Care, Custody or Control' Exclusion: Boelmann v. Grinnell 

Delaware Settlements with Minors and the Uniform Transfer to Minor Act 

OSHA, Ebola and the Employer: What is my Obligation? 

The Fraudulent Transfer Handook - 2014 Supplement: A Practical Guide for Lawyers and Their Clients (Volume 2) 

China Trade Development: Fifteen Percent (15%) Corporate Income Tax Rate, New Incentive to Invest in the South Eastern Region of China 

New Jersey Superior Court Sides with Insurers in Dispute Concerning Assignability of Policies 

North Carolina: While There Is No Classic “Future Credit” In North Carolina, Courts Must Consider Workers’ Compensation Insurers’ Future “Exposure.” 

The Coverage Opinions Interview with Laurence Tribe 

Private Fund Advisers: SEC Focuses on Misallocation of Portfolio Companies’ Shared Expenses 

States Have the Right to Protect Businesses Against NPEs 

Superior Court Of Pennsylvania Holds Curb Construction Falls Within The Scope Of CASPA 

JOBS Act Update: Exempt Commodity Pools May Engage in General Solicitation 

Marriage Equality in Pennsylvania - What Does it Mean for Same-sex Married Couples? 

Delaware Court of Chancery Provides Guidance On Application of MFW On Motion To Dismiss 

Missouri Appellate Court Rules CGL Insurer's Reservation of Rights Letter Unclear, Untimely and Ineffective 

SEC Adopts Regulation AB II: New Disclosure, Reporting and Shelf Eligibility Requirements for Asset-Backed Securities 

IRS Introduces New Streamlined Filing Compliance Procedures for Offshore Accounts 

The Coverage Opinions Interview with Leigh Steinberg - The Greatest Sports Agent in History 

The Role of Local Counsel in the U.S. District Court for the District of New Jersey: Considerations and Responsibilities