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  • Article

    Insured's Motion To Stay Coverage Action Denied Where Duty To Defend Is Based On Allegations Against Insured

    The U.S. District Court for the Northern District of Illinois, applying Illinois law, denied an insured's motion to stay an insurer's declaratory judgment action seeking a declaration that it owed no duty to defend.
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Massachusetts High Court Rejects Insured's Claim To Recovery Expenses Incurred To Prevent Business Interruption

    The Supreme Judicial Court of Massachusetts, applying Massachusetts law, has answered a certified question by holding that an insured was unable to recover for costs incurred to prevent...
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    No Coverage For Employment Lawsuit Related To Pre-Policy Demand

    A federal court in New York ruled that an employment practices liability insurer had no duty to indemnify its policyholder for a lawsuit stemming from a whistleblowing claim, finding that the initial written demand preceded the policy period. The decision also addressed whether insurers must demonstrate prejudice when denying coverage based on late notice, ultimately holding that a twenty-month delay in notification would constitute prejudice even if such a showing were required.
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Companies Remain At Risk For Remote IT Worker Fraud; Should Consider Appropriate Mitigation Strategies

    The U.S. Department of Justice (DOJ) recently announced a coordinated, nationwide enforcement action countering the Democratic People's Republic of Korea...
    United StatesMedia, Telecoms, IT, Entertainment
    Wiley Rein
    Wiley Rein
  • Article

    FCC Seeks Comment On Procedures For Auction Of 132 FM Radio Construction Permits Scheduled For February 2027

    The Federal Communications Commission has announced plans to auction 132 full power FM radio construction permits in February 2027, marking the first such auction since 2021 and the first to utilize the agency's new application and bidding systems.
    United StatesMedia, Telecoms, IT, Entertainment
    Wiley Rein
    Wiley Rein
  • Article

    President-Elect Trump Announces Forthcoming Additional Tariffs On Chinese, Mexican, And Canadian Imports

    On November 25, 2024, President-Elect Trump made two posts to his Truth Social account in which he stated that on day one of his second Administration, he would impose additional tariffs of 10%.
    ChinaInternational Law
    Wiley Rein
    Wiley Rein
  • Article

    No Coverage For Claim Involving New Defendants And Alleging New Wrongful Acts Where Claim Relates Back To Earlier Policy Period

    The United States District Court for the Southern District of Florida, applying Florida law, has held that a D&O policy did not cover a claim against directors because the claim related back...
    United StatesCorporate/Commercial Law
    Wiley Rein
    Wiley Rein
  • Article

    TSCA 2024 CDR Reporting Deadline Extended -- Confirm Your CBI Is Protected

    On September 27, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule extending the submission deadline for the 2024 Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR).
    United StatesEnvironment
    Wiley Rein
    Wiley Rein
  • Article

    Relying On Insolvency Exclusion, Second Circuit Finds That D&O Insurer Not Required To Defend Professional Manager Overseeing Operations Of Distressed Company That Filed For Chapter 7 Bankruptcy

    The United States Court of Appeals for the Second Circuit, applying New York law, affirmed a trial court's denial of a preliminary injunction seeking to require a D&O insurer to defend a professional...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Wiley Rein
    Wiley Rein
  • Article

    Court Holds Retroactive Date Exclusion Is Ambiguous Under California Law

    A federal district court, applying California law, has determined that an insurer owed a duty to defend because the policy's retroactive date exclusion was ambiguous in that it could reasonably be interpreted to apply only to claims.
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    D&O Policy's Professional Services Exclusion Does Not Bar Coverage For False Claims Act Settlement

    The Delaware Supreme Court has held that a professional services exclusion in a D&O policy does not bar coverage for a False Claims Act settlement.
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    First Circuit Holds No Coverage Where Insured Failed To Provide Timely Notice Of Claim

    The United States Court of Appeals for the First Circuit, applying Massachusetts law, held that no coverage was available for a lawsuit because the insured failed to provide timely notice to the insurer.
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    White House Imposes Section 232 Tariffs On Imports Of Timber, Lumber, And Their Derivative Products

    Yesterday, President Trump's proclamation imposing tariffs on the import of timber, lumber, and their derivative products, pursuant to Section 232 of the Trade Expansion Act of 1962 (Section 232), was published in the Federal Register.
    United StatesInternational Law
    Wiley Rein
    Wiley Rein
  • Article

    Allegations Against Multiple Attorneys Deemed Related Acts Or Omissions Constituting A Single Claim Subject To A Misappropriation Of Client Funds Exclusion

    The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that the allegations against two attorneys named in a malpractice lawsuit constituted a single "claim"...
    United StatesLitigation, Mediation & Arbitration
    Wiley Rein
    Wiley Rein
  • Article

    Misappropriation Exclusion Bars Coverage For Claim Involving Improper Transfer Of Escrow Funds, But Insurer Must Defend Against Intentional Torts Asserted By Insured's Client

    The United States District Court for the Southern District of Florida, applying Florida law, has held that a professional liability insurer did not have a duty to defend or indemnify its insured in a lawsuit ...
    United StatesLitigation, Mediation & Arbitration
    Wiley Rein
    Wiley Rein
  • Article

    FCC Reexamines Options To Expand Protections For Federal Earth Stations Communicating With Commercial Satellite Systems

    Deadlines have been announced for responses to the FCC's Public Notice inviting comment on expanding protections for U.S. government earth stations communicating with commercial satellite systems.
    United StatesMedia, Telecoms, IT, Entertainment
    Wiley Rein
    Wiley Rein
  • Article

    New State Privacy Laws May Apply To Nonprofit Organizations

    In January 2025, five new state privacy laws will take effect in Delaware, Iowa, Nebraska, New Hampshire, and New Jersey. These laws will join laws already in effect in California, Colorado
    United StatesPrivacy
    Wiley Rein
    Wiley Rein
  • Article

    Wiley Consumer Protection Download (December 2, 2025)

    Welcome to Wiley's update on recent developments and what's next in consumer protection at the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), and the state level.
    United StatesConsumer Protection
    Wiley Rein
    Wiley Rein
  • Article

    Wiley Consumer Protection Download (September 4, 2024)

    Welcome to Wiley's update on recent developments and what's next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and
    United StatesPrivacy
    Wiley Rein
    Wiley Rein
  • Article

    New Executive Order Calls For Reforming Federal Grant Oversight

    On August 7, 2025, President Trump released an Executive Order (EO), "Improving Oversight Of Federal Grantmaking." Citing a study from 2024 that claimed...
    United StatesEmployment and HR
    Wiley Rein
    Wiley Rein

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