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  • Article

    Fifth Circuit Leaves Open Decision Of Whether Liability Policies In Texas Afford Coverage Of Punitive Damages

    In Frederking v. Cincinnati Insurance Company, No. 18-50536 (5th Cir. July 2, 2019), the Fifth Circuit reversed a lower court ruling that resulted in a liability policy's coverage of punitive damages.
    United StatesInsurance
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Liberty Surplus Insurance Corporation v. Ledesma And Meyer Construction Company, Inc.

    The Ninth Circuit Court of Appeals certified the following question to the California Supreme Court regarding the issue of whether a claim for negligent retention, hiring and supervision qualifies as an "occurrence" under CGL policies.
    United StatesInsurance
    Lewis Brisbois Bisgaard & Smith LLP
Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Pulte Home Corp. V. CBR Electric, Inc.

    Insurer Entitled to Maintain Subrogation Action Against Subcontractors for Reimbursement of Defense Costs Based on Indemnity Clauses in Contracts with Developer/General Contractor.
    United StatesInsurance
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Santafe Braun, Inc. V. Insurance Company Of North America

    (August 2020) - In SantaFe Braun, Inc. v. Ins. Co. of North America et al., __Cal. App.5th__ (July 13, 2020), the California Court of Appeal followed the reasoning...
    United StatesInsurance
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Southern District Of Texas Holds Professional Services Exclusion Applies To Preclude Duty To Defend

    In Project Surveillance, Inc. v. Travelers Indemnity Company, No. 4:19-CV-03324, 2020 WL 292247 (S.D. Tex. Jan. 21, 2020), the court held that the professional services exclusion in the insured's commercial general liability policy ...
    United StatesInsurance
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Cleaning Up With Trade Secrets Under California's Right To Know Act

    In 2017, the California legislature passed SB 258, known as the California Cleaning Product Right to Know Act.
    United StatesIntellectual Property
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Sentencing Disparities Can Lead To Increased Uncertainty For Victim Companies Of Trade Secret Theft

    According to recent data, the theft of trade secrets has cost American companies between $225 billion and $600 billion annually. Sadly, restitution awards associated with the prosecution of...
    United StatesIntellectual Property
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Trademark Update: New USPTO Rules Include Widely Criticized Applicant Email Requirements

    The most significant for most trademark practitioners are the new email and specimen requirements.
    United StatesIntellectual Property
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    New OFAC Blocking Sanctions Target Russia's Financial Elite

    This round of sanctions targeted four businesspeople closely involved with the Russian financial sector: Petr Aven, Mikhail Fridman, German Khan, and Alexey Kuzmichev.
    United StatesInternational Law
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    OFAC Settles Violations Of Sanctions Involving Prohibited Securities Trading

    On March 17, 2026, the Office of Foreign Assets Control (“OFAC”) settled a claim against TradeStation Securities, Inc. (“TradeStation”), a Florida-headquartered brokerage firm that operates online securities trading platforms, for $1,110,661.
    United StatesInternational Law
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    California Supreme Court Rules Concerning Recovery Of Attorneys' Fees Under Civil Code Section 1717

    The California Supreme Court recently issued an opinion analyzing whether a defendant is entitled to attorney fees under Civil Code section 1717 by obtaining a dismissal of a contract action under the agreement's forum selection clause.
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Chamber Seeks Full Ninth Circuit Look At California's Forced Arbitration Ban

    Los Angeles, Calif. (October 27, 2021) - Since Governor Gavin Newsom first signed Assembly Bill 51 (AB 51) into effect on October 10, 2019, there has been an ongoing battle as to the legal enforceability...
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Chief Judge Janet DiFiore Announces Return To Full Staffing Levels In New York Courts

    On April 19, Chief Judge of the Court of Appeals and of the State of New York Janet DiFiore released a message to the legal community announcing the New York State Unified Court System's plans for returning to full staffing levels.
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Florida Legislature Grapples With Economic Damages Issue

    In the state of Florida, defendants often fall victim to inflated verdicts. Laws currently allow a plaintiff to present evidence of medical expenses that do not accurately reflect a plaintiff's actual economic damages.
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Illinois Legislature Enables Pre-Judgment Interest In Personal Injury Cases

    On January 13, 2021, the Illinois General Assembly passed HB 3360, which will enable pre-judgment interest of 9% in personal injury cases.
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Louisiana Court Refuses To Find Admiralty Jurisdiction Over Personal Injury Occurring On A Trailered Vessel

    A guest passenger aboard the Defendant's vessel sustained serious personal injuries on October 16, 2012, when he cut his arm on a rusty fastener while attempting to descend to the lowest level of the boat.
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    New Jersey Supreme Court Issues Statement Addressing Judicial Vacancies, Backlogs

    New Jersey Supreme Court Chief Justice Stuart Rabner recently issued a statement indicating that due to "the current high number of judicial vacancies...
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    New York Office Secures Defense Verdict For Client In Motorist v. Bicyclist Negligence Action

    New York Partner Andrew Harms recently obtained a defense verdict in Kings County Supreme Court in a motorist vs. bicyclist negligence action.
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    New York Team Secures Defense Verdict In Trucking Case Following Week-Long In-Person Jury Trial

    New York Partners James T. Whalen, Jr. and Kevin Zimmerman recently secured a defense verdict on behalf of a trucking company and its driver following a week-long in-person jury trial...
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Texas Supreme Court Refuses To Impose Liability On Good Samaritan Business Owner

    In Three Aces Towing, Inc. d/b/a Three Aces Storage, Cause No. 21-0652, ___SW3d ___, (Tex. 2022), the Texas Supreme Court reversed a decision from the state's Fourteenth...
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
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