For decades, the protection provided by directors and officers (D&O) and errors and omissions (E&O) professional liability insurance policies has been weakened by insurance companies invoking the "disgorgement" defense ...

In case anyone had not noticed that the severity of data breaches keeps reaching ever-more unnerving levels, a friendly reminder recently arrived in the form of federal indictments unsealed against a group of alleged cyber criminals.

Insurance policies contain both defined and undefined terms. As the drafter of your insurance policy, your insurance company has likely defined a term when it finds it advantageous to do so, and may leave other terms undefined and purposefully vague.

As plaintiffs seek to enforce the Telephone Consumer Protection Act of 1991 with greater regularity, high dollar-value judgments and settlements have become commonplace.This article explores multiple evolving arguments for coverage for TCPA claims through the prism of three recent decisions.

Liability under the federal False Claims Act ("FCA") (31 U.S.C. §§ 3729 et seq.) hinges upon the "knowing" submission of a false or fraudulent claim, which means that the person presenting or causing presentation of the claim "(i) has actual knowledge of the information; (ii) acts in deliberate ignorance of the truth or falsity of the information; or (iii) acts in reckless disregard of the truth or falsity of the information." 31 U.S.C. §3729(b).

In Cajun Conti, LLC et al. v. Certain Underwriters at Lloyd's, London et al., Case No. 2021-CA-0343 (La. Ct. App.) ("Cajun Conti"), policyholders seeking insurance coverage for the shutdowns...

Exporters and sellers in every industry are feeling the effects of COVID-19, and they will look to their trade credit insurance to cover amounts that their buyers no longer can pay.

The tort and liability insurance system in the United States often makes non-U.S. business owners feel like strangers in a strange land.

Climate change risks are at the forefront of virtually all policyholders' minds, and for good reason. Hurricanes, tornadoes, wildfires and other perils associated with climate change...

In the construction industry, owner-controlled insurance programs (OCIPs) and contractor-controlled insurance programs (CCIP), also referred to as "wrap-ups..

Imagine you are in-house counsel at a company that is about to sign one of the largest transactions of the year, or maybe even of the past few years.

It's no secret that 2008 is shaping up to be a grim year for layoffs across a broad swath of industries nationwide. New weekly unemployment claims have twice exceeded 375,000 this year (once in January and once in March) — the highest level since immediately following Hurricane Katrina in fall 2005.

In obtaining basic workers compensation and general or auto liability coverage, policyholders may be required to sign separate additional contracts referred to as "deductible security agreements," "payment agreements for insurance and risk management services," or "cross-collateralization agreements."

Don't be fooled by the absence of the word "insurance" in "self-funding." And don't be fooled by the role of the federal government and federal statutes in the regulation of self-funded benefits plans.

Preston Byrne, a CoinDesk columnist, is a partner in Anderson Kill's Technology, Media and Distributed Systems Group.

Intellectual Property accounts for the majority of all property owned by modern corporations. Because it is therefore fiercely protected, liability for alleged Intellectual Property infringement is a major risk facing corporations today.

Although the disastrous Japanese earthquake and tsunami thankfully had very little physical impact on the United States, many companies here will suffer serious economic consequences in the weeks and months to come.

Employers face a wide variety of claims. Employment practices liability insurance (EPLI) provides coverage and pays defense costs.

Companies ranging from direct product manufacturers to web-based distributors often need to advertise that their goods possess a certain brandrecognition factor or meet a specific standard of quality.

As the world braces for a Swine Flu pandemic, the first concern of every business is the safety of their workers - and customers, if they're in the hospitality industry or another business that draws people into physical proximity to one another.