Publications Archive

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 

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 

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 

Pennsylvania’s Supreme Court Limits The Scope Of A Builder’s Implied Warranty Of Habitability 

New York Bankruptcy Court Permits Corzine and Others to Draw Defense Costs From D&O Insurance Proceeds 

Andrew F. Susko, Edward M. Koch, Luke A. Repici and Mark Paladino Obtain Reversal on Appeal of $2.5 Million Verdict Against an Electric Utility Company 

Delaware Bankruptcy Court Adopts "Subsequent Advance” Approach Regarding New Value Exception to Avoidance of Preferential Transfers 

Cracking Coverage Issues in Data Breach Cases 

The Coverage Opinions Interview With Jay Bilas - Duke Basketball Star And Coach, Lawyer, ESPN Broadcaster, Author 

Contractual Liability Exclusion Narrowly Interpreted in Defective Construction Context: Ewing Construction Company v. Amerisure Insurance Company 

Medical Records, The Internet, and A “Publication” 

Delaware Supreme Court Allows Shareholders Access to Corporation’s Attorney-Client Privileged Documents 

Jay Shapiro on Riley v. California and United States v. Wurie: Supreme Court Determines Legality of Cell Phone Searches Incident to Arrest 

Jay Shapiro on Riley v. California and United States v. Wurie: Supreme Court Determines Legality of Cell Phone Searches Incident to Arrest 

Rule 506(c) General Solicitation Offerings: SEC Issues Additional Guidance on Investor Verification 

The Coverage Opinions Interview With Stanley Feldman, Former Chief Justice Of The Arizona Supreme Court 

Commercial Construction Lenders Rejoice: The Pennsylvania Legislature Provides a Statutory fix for the “Kessler” Decision 

Dealmaker Q&A: White and Williams' Lori Smith 

A New Wrinkle in the Patent Troll Wars? 

New Jersey Appellate Division Affirms Grant Of Permissive Intervention To Void Settlement Obtained By Legally Invalid Class Action 

When is a Congressional Recess Not a Recess? U.S. Supreme Court Rebukes President’s Packing National Labor Relations Board 

NLRB as "Big Brother": Orders Reinstatement of Employee of Non-Union Business Despite Profane Outburst 

Permissive Intervention Granted To Void Two-Year Old Settlement Entered In Favor Of Legally Invalid Class Action 

The Coverage Opinions Interview With Dick Thornburgh, Former United States Attorney General 

The Copyright Alert System: A Potential Unfair Burden on Small Business Owners 

New York’s Highest Court Reverses Lower Court Ruling That Imposed Erroneous Timeliness Requirement For Disclaimers of Coverage 

U.S. Supreme Court Limits the Powers of the Nation’s Bankruptcy Courts 

The Coverage Opinions Interview With Roy Black 

Are You Ready For The New York Non-Profit Revitalization Act? 

Michigan: Identifying and Exploiting the "Queen Exception" to No-Fault Subrogation 

Delaware Bar Reacts to Recent Decision on Fee Shifting Bylaws 

Whitewood Significantly Impacts Workplace Rights In Pennsylvania 

Three Missed Takeaways from the Sony Data Breach Case 

Federal Court Strikes Down Pennsylvania Ban on Same-Sex Marriages 

Reservation of Rights Letter Adequate to Protect Rights: Sosebee v. Steadfast Insurance Company 

New York: The “Loss Transfer” Opportunity to Recover Otherwise Non-Recoverable First-Party Benefits 

A Matter of Opinion: Pleading False Statements Under Section 11 

New Strategy for Deterring Intracorporate Litigation?: Delaware Supreme Court Supports Fee-Shifting Bylaws 

Michigan: Identifying and Exploiting the "Queen Exception" to No-Fault Subrogation 

New York: The "Loss Transfer" Opportunity to Recover Otherwise Non-Recoverable First-Party Benefits 

Delaware “Bans the Box”: Criminal History no Longer Permitted on Job Applications 

The Coverage Opinions Interview With Justice Don Willett Of The Supreme Court Of Texas 

Comprehensive Tax Reform Plan Proposed By The GOP; President Releases Federal Budget Proposals For 2015 

Duty to Defend Faulty Workmanship Claims Under a CGL Policy 

Coverage B: A Person Is Not A Company 

Insurer’s Failure To Give Notice Before Repairing Its Insured’s Home Bars The Insurer’s Subrogation Claim Under California’s Right To Repair Act 

Boundaries of Fair-Use Defense in Trademark Infringement 

My Favorite Issue; Interview with Robert Shapiro 

Liquidity Stress Testing and Liquidity Buffer Requirements: What Large U.S. Bank Holding Companies Must do on an at Least Monthly Basis 

Arkansas: Avoiding the “Made Whole” Doctrine Through Dépeçage 

Copy and paste at your own risk: The dangers of electronic ‘plagiarism’ 

Arkansas: Avoiding the "Made Whole" Doctrine Through Dépeçage 

Internal Revenue Service Voluntary Disclosure of Offshore Accounts: Recent Developments 

Chadbourne & Parke v. Troice: Will the Supreme Court's Narrow Statutory Interpretation Open a Wide Door to Securities Lawsuits? 

Interview w/ Joe Jamail - the Richest Lawyer in America; Slurpee Brain Freeze Coverage 

U.S. Supreme Court: Severance Payments are Taxable as Wages for FICA Purposes 

7 Key Roles of a Successful Startup CEO 

Flag on the Play! Labor Board Deems that Student-Athletes are a University’s Employees 

Pennsylvania Supreme Court Reaffirms Validity of Statutory Employer Defense 

Young Lawyers Division Update: A Platform to Expand Potential 

EEOC Issues Guidance on Religious Accommodations 

Fair Labor Standards Act: An Employer’s Ability to Effect an Early Settlement? 

The Windsor Effect On Workplace Rights 

Suit Not Required for Insured to Claim Indemnification: Selective Insurance Company v. Cherrytree Companies 

No Bad Faith Where No Demand to Settle: Reid v. Mercury 

Whistleblower Protection Under OSHA: Increased Focus on Whistleblower Enforcement Will Lead to More Investigations 

My Favorite Interview (Mark Geragos); Biggest Coverage Case Ever 

Campus SaVE Act - Stemming the Tide of Sexual Misconduct on College Campuses 

An Interview With the Honorable Claire C. Cecchi, District Judge, United States District Court 

Three Additional And Important Takeaways From Sony 

Case You Must Read (Pt. 2); The Coolest Coverage Lawyer in America 

Physician Liability Extended to Preconception Torts 

Just How Many Cyber Policies Are Floating Around Out There? (Not Nearly As Many As You Are Being Told) 

Young Lawyers Division Update: Bridge the Truth Gap, Own Your Mistakes 

Sony Data Breach: No Publication By Sony, No Coverage 

Data Breach Lawsuits Don't Allege Viable Invasion of Privacy Claim 

No More "Error in Judgment" Charge to Juries 

Westminster; Groundhog Day; Insurance Love Song; Nat'l Case of First Impression 

Attention Shoppers: Increased Risk of Identity Theft from a Data Breach is Not an Injury 

Intellectual Property Roundtable: Issues Facing Practitioners Today 

ICE Benchmark Administration Replaces the British Bankers' Association as Administrator of LIBOR 

The Coverage Opinions Interview With Alan Dershowitz 

Protecting the Enforceability of Swap Guaranties in Light of Dodd-Frank: What’s a Lender to Do? 

Make-Whole Doctrine Does Not Include Deductibles: FFIC v. BankNorth Insurance Agency 

No Attorney-Client Relationship with Third-Party Payor: Stewart Title 

Report, Report, Report - Further Defining Risks for the Insurance World Through Enterprise Risk Management and Own Risk Solvency Assessment 

Recall Total: Discussing (Sort of) the Meaning of Publication in a Data Breach Case 

Measuring The Bull’s-Eye On Target’s Back: Lessons From The T.J. Maxx Data Breach Class Actions 

EPA Amends Rule on Phase I Assessment Standards 

Sui Generis: Old Wine in a New Bottle - EPA’s Final “Final” Rule on ASTM Phase I Environmental Site Assessments 

China to Develop Pilot Free Trade Zone in Shanghai 

Coverage for Dummies (6th Annual); Most Significant Cases 2013 

Class-Action Lawyers Hope Target Is a Bull's-Eye 

U.S. Supreme Court May Upend Nation’s Bankruptcy System 

Chadbourne & Parke v. Troice: Will the Supreme Court Limit Securities Claims 

To Infinity And Beyond - Long Dissolved Corporations Remain Subject To Claims According To The Delaware Supreme Court 

Female Powerbrokers Q&A: Joan Rosoff 

The Cover-age Story: Ten Most Significant Insurance Coverage Decisions Of 2013 

Application Of The Economic Loss Rule In Construction Cases In Washington Is A Fact Intensive Inquiry 

Female Powerbrokers Q&A: Patti Santelle 

New Legislation Affects Pennsylvania’s Realty Transfer Tax 

Jumpstart or False Start? SEC Proposes New Rules to Implement Crowdfunding Provisions of the JOBS Act 

The Cover-age Story:Declarations: The Coverage Opinions Interview With Brian Rodgers, Corporate Director of Safety And Risk Management For Butterball, LLC 

Pennsylvania Supreme Court Overturns Employers' Workers’ Compensation Exclusivity in Latent Disease Cases 

ESPN v. Ohio State: The Ohio Supreme Court Uses FERPA to Play Defense for Offensive Athletic Programs 

The Cover-age Story: Randy Spencer's Open Mic:The Most Interesting Insurance Man In The World 

Tax & Estate Planning Implications of the Supreme Court’s DOMA Ruling 

Q&A: John McCarrick, White and Williams 

The Cover-age Story: Declarations: The Coverage Opinions Interview With Ralph Nader His New Tort Museum, Views On Insurance And Telling Ralph Nader My Global Warming Joke 

Hypothesis-Based Problem Solving: A Comprehensive Process 

Internet Cookies, Personally Identifiable Information, And The Internet 

Beginning with the End in Mind 

No Revisionist History: Supreme Court of Delaware Narrowly Interprets Post-Closing Obligations Under Representations and Warranties, Earn-out and Indemnification Provisions 

Scheduled Property Values Not Triggered: LES Realty Trust v. Landmark Insurance Company 

Defense Counsel Had Conflict Due to Reservation of Rights: Schaefer v. Elder 

PRP Notice Qualified As Suit: Travelers Casualty & Surety Company v. Alabama Gas Company 

The Cover-age Story: Declarations: The Coverage Opinions Interview With Judge Richard Posner 

False Accounts On Social Media Does Not Violate The Computer Fraud And Abuse Act 

First Circuit Rules on Scope of Uninsured Location Exclusion in Homeowner’s Policy 

House Passes Producer Licensing Reform 

Rule 506 “Bad Actor” Disqualification: SEC Issues Small Entity Compliance Guide 

The Cover-age Story: Declarations: The Coverage Opinions Interview With Alan Page 

Fibromyalgia and Bullying: A Systematic Review of Literature 

Doing Well by Doing Good? 

General Solicitation and (Public) Private Placements: Navigating the Minefield Planted by New and Proposed SEC Rules 

Rainmaker Q&A: White and Williams' Nancy Conrad 

Delaware Law Prohibits Adverse Employment Action Against Volunteer Emergency Responders 

The Cover-age Story: Demand For Independent Counsel: Panel Counsel And The "Steering" Argument 

The Court of Appeals of New York Grants Reargument in K2 

Philadelphia County Court of Common Pleas Sanctions Plaintiff's Counsel Under Certificate of Merit Rules 

Rainmaker Q&A: White and Williams' Maulin Vidwans 

Babcock Signals Big Change In Pa. Duty-To-Defend Law 

MA Court Issues Ruling Favorable to Insurers on Extrinsic Evidence, Interrelatedness 

Can MCARE be Liable for More Than One “Occurrence” for the Same Physician in the Same Case? 

A Majestic Departure: The Third Circuit Narrows Interpretation Of “Property Of The Estate” Based On Debtor’s Lack Of Control 

Is That Sale “Final"?: Purchase of a Condominium Unit May Be Revoked for Developer’s Failure to Comply with the Interstate Land Sales Full Disclosure Act 

Rainmaker Q&A: White and Williams' John McCarrick 

The Cover-age Story: The Greatest Coverage Mystery: What Is An Accident? 70 Years And Still No Easy Answers 

In Kansas, Policy, Not Privity, Dictates Whether The Economic Loss Doctrine Applies 

Dismissal of Delaware Asbestos Lawsuit Based Upon Florida’s Asbestos and Silica Compensation Fairness Act 

New Pennsylvania Law on Duty To Defend and The Insured’s Right To Settle 

A Question For Cyber Coverage: Another Court Holds “Without Authorization” Under CFAA Means Hacking 

The Cover-age Story: Cyberia: Ohio Federal Court's Decision Not To Be Exiled Court's Definition Of "Publication" Useful For Hacking Claims Under CGL Policies 

“Open Season” on the Accredited Investor Standard: GAO Recommends Alternative Criteria 

A Leave It To Beaver Lesson: Paying Royalties Is Not Loss From A Wrongful Act 

SEC Repeals Ban on General Solicitation and Proposes Significant Changes to Rule 506 Offerings 

The Cover-age Story: Hardest Issue Of Them All 

Bosch May Pave the Way for Lower Litigation Costs 

The Compensation of Fact Witnesses Must be Examined 

The New (Semi) Confidential Arbitration Award 

Striking Out With The Intellectual Property Exclusion Exception 

Locked Out on LinkedIn: LinkedIn Account Belongs to Employee, not Employer 

Key Decisions for Employers – The Supreme Court Strictly Construes Title VII Discrimination and Retaliation Standards 

Delaware Extends Legal Protections to Transgender Individuals 

Make-Whole Premiums: Good News for Creditors 

Massachusetts Supreme Judicial Court Revisits Class Action Waiver Provisions in Arbitration Clauses 

Earning Independence in Iraqi Kurdistan 

Rulemaking Process Primer 

District Court Rejects Breach of Fiduciary Duty and Tort Claims Alleged Against a Surety 

The Cover-age Story: Hole in One: Insurance & the Law 

Instruments Under Seal: Those Words Really Can Make a Difference! 

PA Federal Court Holds Cedent’s Claims Time Barred 

The Fraudulent Transfer Handbook: A Practical Guide for Lawyers and Their Clients 

The Cover-age Story: Interview With An Insurance Legend 

Recent Amendments To Article 9 Of The Uniform Commercial Code: What Creditors Need To Know 

New York City Council Passes Earned Sick Time Bill 

The Theoretical Possibility Of A Manufacturing Defect Does Not Foreclose The Use Of A Res Ipsa Theory 

The Cover-age Story: The Case Getting A Lot Of Buzz 

Marcellus Shale Natural Gas: Is It Or Is It Not A Mineral? 

The Cover-age Story: The Case That You Must Read 

The Pelvic Mesh Battlegrounds are Set – Fraud and Punitive Damages 

The Importance of Safeguarding Confidentiality in the Peer Review Process 

The Cover-age Story: Declarations: The Coverage Opinions Interview With Ken Feinberg, "Pay(ment) Czar" 

Clients Benefit from Early Action in Response to Patent Infringement Notice Letters 

The Cover-age Story: Declarations: Coverage Opinions Takes The Field To Talk Risk And Insurance With Jonathan Mariner, Chief Financial Officer Of Major League Baseball 

No Acrobatics: Buzz-words and Phrases Do Not Create Coverage 

New Jersey Appellate Division Allows Dram Shop Case to Proceed Despite Lack of Direct Evidence Showing Negligent Service of Alcohol 

The Cover-age Story: Coverage Opinions Visits Penn Law School: IL Changes History Of Torts 

Supreme Court Rules in Gabelli 

Borrower’s Objection to Lender’s Application for Receiver Results in Guarantor’s Full Liability on Construction Loan under Non-Recourse Carve-Out Guaranty 

The Cover-age Story: Declarations: The Coverage Opinions Interview With Maurice R. ("Hank") Greenberg 

Some Sweet Cases: The Unauthorized Use Exclusion & Reliance Upon a Court Decision of No Coverage 

Why Conveying a Clear Vision for Your Startup is Important 

The Cover-age Story:Happy Valentine's Day: 50 Ways To Leave No Cover 

Employer Beware: The Art of Conducting an Employment Interview 

Rhode Island Recognizes Limits to the Anti-Subrogation Rule 

Key Considerations When Implementing, Expanding Or Administering A Study Abroad Program 

The Cover-age Story: To Be Or Not To Be Defined? 

Only The Fax Matter: The Phrase "Knew Or Should Have Known" Does Not Allege Negligence 

Individual Tax Provisions of the American Taxpayer Relief Act of 2012 

Estate and Gift Tax Provisions of the American Taxpayer Relief Act of 2012 

Business Tax Provisions of the American Taxpayer Relief Act of 2012 

Warrants of Attorney to Confess Judgment – Location, Location, Location …. Loan Modifications …. Attorney’s Fees 

The Cover-age Story: The Single Most Important Coverage Issue: Duty To Defend: “Four Corners” Or “Extrinsic Evidence” 

Successful Strategies for Representing Clients in White Collar Law Cases 

NY Federal Court Permits Appointment of Receiver for Hotels Without Lender Having Commenced Foreclosure Action 

The Future of Diversity and Inclusion in the Philadelphia Legal Profession 

The ADA and Food Allergies on Campus 

President Obama Signs the SMART Act to Provide Relief Under the Medicare Secondary Payer Act 

Who's to Blame for Inadequate Bank D&O Insurance? 

The Cover-age Story: 5th Annual “Coverage For Dummies” 

Happy New Year Indeed - Congress Passes Compromise Tax Legislation 

Not Too Early to Teach Social Entrepreneurship 

Physician Duty Extended to Baby in Preconception Tort Pennsylvania Case 

The Cover-age Story: Single Cause Is Comin’ To Town 

What Foreign Investors Can Learn from President Obama’s Prohibition of Ralls Corporation’s Acquisition 

The Oracle Says: For CFAA Claims, Allege “Hacking” And Plead With Particularity (Sometimes) 

First Circuit Enforces Broad Reading of the “Arising Out Of” Clause in Massachusetts 

Comfort for Refinancing Mortgage Lenders 

Michigan Court Expands Meaning Of “Material That Violates A Person’s Right Of Privacy” 

Client Alert – A Strategy to “Extend” the 2012 Gift Tax Exemption 

50 States Of Grey Claims: The 10 Most Significant Insurance Coverage Decisions Of 2012 

Proving Obviousness? Understanding the Implications of In re Cyclobenzaprine 

WIPO UDRP Panel Finds Evidence To Consolidate Case Against Respondent Using Fake WHOIS Info 

Illinois Imposes Tough Standard for Pursuing Spoliation Claims 

Challenges of a Plaintiff's Choice of Venue Must be Re-Examined 

Michael Taylor Designs Affirmed 

Pennsylvania Superior Court Declares That Second Buyers of Homes Have Same Implied Warranty Rights as Original Buyers in Claims for Construction Defects 

Wehr Constructors, Inc v. Assurance Company Of America: Anti-Assignment Clause In Builder’s Risk Policy Violates Public Policy 

The Election Results Are In: Tax Uncertainty Remains 

Swift Distribution With Swift Criticism for Charlotte Russe 

International Fidelity Insurance Company v. Western Virginia Water Authority - Prepayment As A Material Alteration: How Much Is Too Much? 

Announcing A New Bi-Weekly Publication On Insurance Coverage Issues By Randy Maniloff 

Pennsylvania Supreme Court Decision Nullifies Subrogation Right in Actions Involving Negligent Governmental Actor 

Covered Bonds: An Update 

Victoria’s Secret Wins UDRP For www.victorassecret.com Phishing Website 

Binding Authority: So Long, Farewell, Auf Wiedersehen, Goodnight 

Duty to Fender Bender: Connecticut Federal Court Held That Umbrella Insurer Had A Duty to Defend An Auto Claim (even while a defense was provided under the unexhausted primary policy) 

Leveling the E-Discovery Playing Field: Court Shifts Costs to Putative Class Action Plaintiffs Prior to Class Certification 

Chilly Reception: Virginia Supreme Court Rejects Coverage For Power Plant For Damages Allegedly Caused By Global Warming 

Data Breach Alert: Copied Customer Information is Loss, but Not “Confidential Information” Under Exclusion 

Norman IP v. Lexmark: Post AIA Joinder and the Rule 42 Trump Card 

Leaking Like Progres-sieve?: What’s Next For Insurers After The UIM Claim Heard ‘Round The World; Will More Money Now, Err, Flo? 

Dr. Frackenstein: Or How I Learned to Stop Worrying and Love the Risk 

Top Four WARN Mistakes 

Chrissie Hynde’s Favorite Coverage Issue: Pretenders Defense Costs; California Federal Court’s Decision Is Not In The Middle Of The Road 

The Litigation Hold Letter 

Use of Social Media in Hiring and Firing Employees 

Unlawful Discipline/Termination of Volunteer Emergency Response Personnel 

Colorado Court Holds That an Alarm Contract’s Limitation of Liability Clause Cannot Defeat a Willful or Wanton Breach of Contract Claim 

United States v. Esquenazi: Will the Eleventh Circuit Clarify the FCPA's Use of "Instrumentality" and "Government Official"? 

Solutions, Not Ideas, Are Everything 

Sui Generis: Smoke and Mirrors - How Soot May Be the Next Asbestos 

California Supreme Court Issues Long-Awaited Allocation Decision: Adopts The "One Giant ‘Uber Policy’" Approach 

Workplace Investigation Ruling From the National Labor Relations Board Further Dilutes Management Rights 

Music Law 101: Legal Issues Surrounding the Recording and Posting of Concerts 

Delaware Whistleblowers' Protection Act Update 

Delaware Legislature Expands Exception for Self-Administered Medication 

Illinois Federal Court: No Defect In Construction Of Sub-Contractor Exclusion 

Sui Generis: A Duo of Climate Change Suits Gains Traction Under the Public Trust Doctrine 

Change to Appellate Brief Format Currently Under Consideration 

The Americans With Disabilities Act and Inflexible Leave Policies: A Recipe for Trouble? 

Mark This Down - Clearance Sale Qualifies as Product Disparagement for Purposes of Duty to Defend 

Law of Duty, Causation and Damages in Claims Against Insurance Agents and Brokers 

The Dawn of Dual Regulation for Private Funds and Advisors: SEC and CFTC Adopt Final Swap Product Definitions 

California Court Holds that Trading on Someone Else's Reputation is Not Disparagement 

Sui Generis: Eastern District Upholds Retroactive Date in E&O Policy 

Deadline Looms for Philadelphia Real Estate Tax Relief 

Practical Considerations and Implications of the Jobs Act for Capital Raising by Early and Growth Stage Companies 

Resign, Replace, Resume 

Wisconsin Appeals Court Puts The End In Defend: Insurer Can Settle The Only Covered Claim And Then Withdraw From The Defense 

USPTO Offers IP Awareness Assessment 

SEC Extends Compliance Date for "Pay to Play" Ban on Third Party-Solicitation 

A Trademark Infringement Action Also Can Be an Action for Infringement of a Slogan 

Coverage for Corruption: U.S. Style 

Foreign Trademarks in China: Why Registering for One is Necessary 

District Court Makes Illi-noise Whether Policy Language Can Alter A Long-Standing Duty To Defend Rule; Court Prevents Insurer From De-fending For Itself 

Recent Impact of Reexams on Stays in E.D. Texas 

Advance with Caution: Construction Lending Complications on the Horizon 

CA Court Says “Palming Off” is Not Slander or Misappropriation of a Style of Doing Business 

Bringing Jim Thorpe Home: Inconsistencies in the Native American Graves and Repatriation Act 

Breach of Contract Exclusion Doesn’t Bar Coverage for Copyright Infringement 

Gross Negligence Defeats a Limitation of Liability Clause but Not a Waiver of Subrogation Clause 

Sui Generis: So Much for Global Warming Claims 

At A Loss For Words: 7th Circuit Defines “Loss” Without Needing Any Words From the Policy; Posner: No Coverage For the Return Of Money That The Insured Was Never Entitled To 

The Computer Fraud and Abuse Act Prohibits Unauthorized Access, Not Use 

What is a Slogan? 

Contractor Says Oh-CIP: I’m Not Enrolled In The Wrap-Up; Louisiana District Court Addresses Wrap-Up Policy Enrollment 

British Bankers’ Association to Review LIBOR Rate Setting Process 

Delaware Bankruptcy Court Dismisses Fraudulent Conveyance Claims for Transfers Made More Than Two Years Before Bankruptcy 

New York State Of Bind For Policyholder: District Court Does Not Allow General Contractor To Reach The “Subcontractor Exception” 

For Real? Is Counterfeiting Becoming The "New" Trade Disparagement For Purposes Of "Personal and Advertising Injury" Coverage? 

Indiana Supreme Court Slams The Flexdar Shut On Any Chance To Change Kiger Hoosier State Remains The Toughest In The Country For Insurers And The Pollution Exclusion The Most Eagerly Anticipated Coverage Decision In The Nation 

There is No Room For Gender Bias in Our System: Progress for Equality Made in the New Jersey Courts in the Past Thirty Years 

Severance Pay Offsets Under Pennsylvania’s Unemployment Compensation Law Now In Effect 

Posner On The Pollution Exclusion: Could It Have Been The Most Important Decision Ever? 

Coverage for Corruption 

Case of Interest, Khan v. Dell, Inc., No. 10-3655 (3d Cir. Jan. 20, 2012) 

Warrants of Attorney to Confess Judgment - Loan Document Amendments 

Recent Case Law Under The Federal Arbitration Act 

Holy Terms And Conditions: Wisconsin Supreme Court Says Kapow To Insured’s Argument That Bat Guano Is Not A Pollutant 

General Guidelines for the Physician's Deposition in a Medical Malpractice Case 

Eastern District of Pennsylvania Issues a Significant Kvaerner/Gambone Decision; Fourth Circuit Court of Appeals Issues the Most Significant Coverage Decision of 2012 -- Addressing Coverage for Pre-Existing Duties 

Change in Estate and Gift Rates 

The Hanging Chad of Coverage Issues: Any Insured Versus The Insured; Florida Federal Court Uses A Tiny Thing To Make A Big Decision 

SEC Amends Performance Compensation Rule and Provides Transition Relief for Pre-existing Advisory Relationships 

Impact Fee Could Affect Your Royalty Payments 

Linsurance Coverage: The Issue That Everyone Is Talking About 

Global Warning: Virginia Trial Lawyers Association Predicts The End Of Liability Insurance Following AES v. Steadfast Insurance Company 

Appellate Court Applies Follow-the-Fortunes to Post-Settlement Reinsurance Allocation 

Second Circuit Reverses District Court Holding on Evident Partiality, Confirms Arbitration Award 

2012 Reminders for Private Fund Advisers 

NY Appellate Court Unanimously Overrules Precedent Concerning Standard for Timeliness of Late Notice Coverage Disclaimers 

Insured In The Hole: Prisoner Working In The Kitchen Is Not A Volunteer; 24601 Unique Case 

Texas Appeals Court: Insurer Has Duty to Defend Austin Power; Dr. Evil For Insurers: A Duty To Defend Standard That Is A Mystery 

Deadline January 17 for Report of Organizational Actions Affecting Basis of Securities 

Sloan v. Liberty Mutual Insurance Company: “Pay if Paid” or “Pay When Paid" – The Third Circuit Weighs In 

Two Thousand And Unleaven: A Flat Year For Insurance Coverage 

Recent Regulatory Changes, Technological Advances, and Case Law Impacting Employer Clients 

Understanding an Insurance Brokers Duty of Care 

SEC Amends Net Worth Standard for Accredited Investors and Provides Limited Transition Relief 

Pre-Interrogation Warnings Given to a Defendant Held Sufficient under Federal and State interpretations of Self-incrimination Law, Comment 

AT&T’s Mobility’s Impact on Employers’ Arbitration Agreements 

Bullying in Middle School: Results From a 2008 Survey 

Dealing with claims resulting from Hurricane Katrina 

Satisfying the Special Grievance Requirement: Malicious Prosecution Remains Viable in NJ 

Judge Rakoff Again Criticizes SEC Settlements, How Will D&O Insurers Respond? 

Casualty Policy Requirements: Duty to Provide Notice of Loss, Duty to Cooperate, and Insurable Interest 

Decision Against the Surety Highlights the Difference Between the Aia A311 Bond Form and Newer Forms 

Bullying in Middle Schools: Results from a Four School Survey 

Summary Of The Third Circuit Court Decision In Holmes V. Lowe's Home Centers, Inc., et al 

First Chinese Drywall Verdict a Big One: Shot Across the Bow or Harbinger of Things to Come? 

Federal Estate Taxes in Flux 

PA Supreme Court Rejects Extending Bilt-Rite Theory of Liability 

PA Human Relations Commission Proposed Policy Guidance on Job Applicants with Criminal Records 

Executive Newsletter: Winter 2009-2010 

Drinking on the Job: The Intoxication Defense in a Construction Accident Case 

Year-End Tax Planning 

Two-Year Survey of Bullying in American Middle Schools 

Bad Faith Judgments, Co-author, informa insurance, in association with Edwards Wildman Palmer 

No More Power to Imply: Gonzaga v. Doe and the Evisceration of § 253(c) of the Telecommunications Act 27 

Buy American 

Don’t Cross That Line! The Case for the Extraterritorial Application of the National Labor Relations Act 

Executive Newsletter: Spring 2009 

Executive Newsletter: Winter 2008 

Tort Liability for Insurance Inspections: Case Law and Recent Developments 

Executive Newsletter: Fall 2008 

Ten Tips for Trying an Excess Verdict Bad Faith Case 

Executive Newsletter: Summer 2008 

Made in China: How Chinese Counterfeits are Creating a National Security Nightmare for the United States 

Supreme Court Refuses to Expand Third-Party Liability for Stock Fraud 

Single Cause is Comin' to Town 

What's In That Guacamole: How Bates and the Power of Preemption Will Affect Litigation Against the Food Industry 

U.S. Supreme Court Further Limits the Scope of Punitive Damages Awards 

Executive Newsletter: Summer 2007 

The In Court Voluntary Restructuring of Commercial Businesses in the United States 

HMOs Obtain Reversal of Class Certification in Physicians’ Medical Benefits Case