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  • Article

    Whistleblower Protections: Federal Agencies Ramp Up Enforcement

    Federal agencies are continuing to prioritize and ramp up enforcement of whistleblower protection rules, underscoring the need for all companies – both public and private – to undertake routine compliance reviews.
    United StatesFinance and Banking
    Wiley Rein
    Wiley Rein
  • Article

    Contract Exclusion Bars Coverage For Texas Property Manager’s Failure To Report HOA Claim

    A Texas federal court, applying Texas law, has held that an insurer owed no duty to defend a property management company against a homeowners association’s lawsuit because the claim arose solely...
    United StatesCorporate/Commercial Law
    Wiley Rein
    Wiley Rein
  • Article

    Court Holds That Contract Exclusion In EPL Policy Does Not Preclude Duty To Defend When Some Allegations Extend Beyond Employment Contract

    Applying Indiana state law, the Indiana Court of Appeals has held that a breach of contract exclusion did not preclude a duty to defend under an employment practices liability policy because some of the underlying allegations may have involved wrongful employment acts that extended beyond a breach of an employment contract...
    United StatesEmployment and HR
    Wiley Rein
    Wiley Rein
  • Article

    New York Court Deems Subsequent Sexual Harassment Lawsuit "Related" To Prior Suits

    A New York intermediate appellate court, applying New York law, has held that an insurer had no coverage obligation for a third lawsuit filed against its insured that was deemed related to two earlier lawsuits that were filed prior to its coverage period.
    United StatesEmployment and HR
    Wiley Rein
    Wiley Rein
  • Article

    In Coverage Dispute Over PFAS Remediation, New Jersey District Court Dismisses Bad Faith Claim

    The United States District Court for the District of New Jersey, applying New Jersey law, held that a bad faith claim against an insurer must be dismissed when it is rooted in the same conduct as the breach of contract claim, absent additional factual predicates.
    United StatesEnvironment
    Wiley Rein
    Wiley Rein
  • Article

    Pollution Claims For Oil Production Waste Barred By Retroactive Date

    The United States District Court for the District of Montana, applying Montana law, held on summary judgment that claims-made Petroleum Industry Insurance Coverage...
    United StatesEnvironment
    Wiley Rein
    Wiley Rein
  • Article

    Countdown To The 2026 Midterm Election: 90 Days Out

    As the 2026 midterm elections approach, a critical 90-day threshold triggers significant coordination restrictions for political advertising. Organizations running grassroots lobbying campaigns and paid advertisements must navigate complex federal rules that could transform their communications into prohibited campaign contributions. Understanding these coordination requirements is essential for corporations, PACs, and advocacy groups seeking to maintain compliant political engagement strategies.
    United StatesGovernment, Public Sector
    Wiley Rein
    Wiley Rein
  • Article

    FEC Raises Individual Federal Contribution Limits For 2025-2026 Election Cycle

    As published in the Federal Register on January 30, 2025, the Federal Election Commission (FEC) has followed the statutory dictates and raised the federal individual contribution limits to account for inflation.
    United StatesGovernment, Public Sector
    Wiley Rein
    Wiley Rein
  • Article

    Bump-Up Clause Bumps Shareholder Settlement Out Of D&O Coverage

    A Delaware Superior Court examined whether a D&O policy's bump-up clause barred coverage for a settlement arising from shareholder claims that merger consideration was inadequate. The court analyzed whether the settlement payment, distributed on a per-share basis to former shareholders, constituted additional merger consideration or compensation for litigation risk.
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Contractual Liability Exclusion Defeats Garnishment Proceeding Against Insurer

    The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that an insurer was not liable as garnishee in a claimant's proceeding to collect a default judgment against an insured law firm.
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    No “Accident,” No Coverage: Utah Federal Court Rejects Defense For Toxic Jewelry Claims

    A federal district court in Utah ruled that a liability insurer had no duty to defend toxic exposure and misrepresentation claims under commercial general liability, umbrella, and employment practices liability policies...
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Not Every Demand Is A Claim: Coverage Requires A Demand Against The Insured

    The United States Court of Appeals for the Eighth Circuit, applying Missouri law, affirmed dismissal of a court-appointed receiver’s claims against an insurer seeking coverage for the receivership action, holding that the receiver’s demands for coverage did not constitute a “Claim” against an insured, nor did the receiver adequately allege covered “Loss.”
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Property Damage Exclusion Inapplicable To HOA's Failure To Establish Seawall Reserve Fund

    The United States District Court for the District of South Carolina, applying South Carolina law, has held that a property damage exclusion did not bar coverage...
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Seventh Circuit Holds Excess Insurer Has Right But Not Duty To Attend Mediation Before Primary Coverage Is Exhausted

    The U.S. Court of Appeals for the Seventh Circuit, applying Indiana law, held that an excess liability insurer did not breach any duty where it refused to defend an insured or attend mediation on behalf of an insured where the insured had not exhausted its primary insurance.
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Third Circuit Revives Claims Related To Social Media Impersonation Ads

    On June 24, 2026, in a non-precedential opinion, the Third Circuit revived claims asserted by Michael Huckabee, former Arkansas governor, regarding social media posts that improperly claimed...
    United StatesIntellectual Property
    Wiley Rein
    Wiley Rein
  • Article

    Colorado Court Of Appeals Permits COVID-19 Coverage Suit To Proceed Based On Health Care Endorsement Coverage

    The Colorado Court of Appeals (Division VI), applying Colorado law, partially affirmed a trial court decision dismissing an action seeking insurance coverage for COVID‑19 related losses.
    United StatesLitigation, Mediation & Arbitration
    Wiley Rein
    Wiley Rein
  • Article

    When Labels Don't Matter: No Coverage For Restitutionary Arbitration Award

    The Ninth Circuit, applying California law, has held that there is no coverage under a D&O policy for an arbitration award comprised of funds previously loaned to the insured...
    United StatesLitigation, Mediation & Arbitration
    Wiley Rein
    Wiley Rein
  • Article

    April 1, 2025 FCC EEO Deadlines For Stations In IN, KY, TN, TX, DE, And PA

    Radio and television station employment units (SEUs) located in Indiana, Kentucky, Tennessee, Texas, Delaware, and Pennsylvania with five or more full-time employees must prepare by Tuesday, April 1, 2025, an annual EEO Public File Report (PFR).
    United StatesMedia, Telecoms, IT, Entertainment
    Wiley Rein
    Wiley Rein
  • Article

    Radio Broadcasters Cautioned By FCC Enforcement Bureau About Disclosure Obligations For Concerts And Festivals

    On February 6, 2025, the FCC Enforcement Bureau published an Enforcement Advisory reminding radio broadcasters of their disclosure obligations in connection with artist participation at radio station events or festivals.
    United StatesMedia, Telecoms, IT, Entertainment
    Wiley Rein
    Wiley Rein
  • Article

    ConnectMobile Delves Into AI-Enhanced Messaging, Scalable Innovation, Branded Calling ID™

    On Tuesday, October 14, CTIA hosted ConnectMobile as part of this year's Mobile World Congress in Las Vegas. The event brought together stakeholders from across the messaging...
    United StatesTechnology
    Wiley Rein
    Wiley Rein

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