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HTMLFirst Impressions Are Lasting: New Defense Available in Delaware for Auditors and Other Third Parties in Corporate Misconduct Claims
Seth L. Laver, Jonathan S. Ziss; Goldberg Segalla LLP;
Legal Alert/Article
April 17, 2015, previously published on March 2015
In a case of first impression before the Delaware Chancery Court, the defense of in pari delicto was applied in favor of an auditor to defeat claims brought by the receiver of several insolvent insurance entities. This decision sets important and favorable precedent for the defense of accounting...

 

HTMLNY Dept. of Financial Services Requests Detailed Cyber Security Reports From Insurers
John J. Jablonski, Sandra M. McDermott, Frederick J. Pomerantz; Goldberg Segalla LLP;
Legal Alert/Article
April 14, 2015, previously published on April 8, 2015
Cyber security is clearly one of the highest priorities — if not the top concern — for regulators in 2015. Late last month, the New York Department of Financial Services (DFS) sent more than 160 licensed insurers a New York Insurance Law Section 308 Letter seeking a detailed report...

 

HTMLNew York Amends Controversial Provisions of Replacement Regulation
Sandra M. McDermott; Goldberg Segalla LLP;
Legal Alert/Article
April 14, 2015, previously published on April 8, 2015
After almost two decades, the New York Department of Financial Services (DFS) has approved amendments to New York Insurance Regulation 60, which will now permit insurance agents to immediately bind coverage where an existing life insurance policy or annuity contract is being replaced. The Third...

 

HTMLMeth Is Not “All Natural”: Failure To Conform Exclusion Bars Coverage for False Advertising Lawsuits
Michael P. Kandler, Michael F. Lettiero; Goldberg Segalla LLP;
Legal Alert/Article
March 24, 2015, previously published on February 10, 2015
In General Star Indemnity Co. v. Driven Sports, Inc., 2015 U.S. Dist. LEXIS 7966 (E.D.N.Y. Jan. 23, 2015), General Star Indemnity Co. (“Gen Star”) issued a commercial lines policy to Driven Sports, Inc. (“Driven”), a producer and seller of an energy supplement called Craze....

 

HTMLKey NYCAL Asbestos Rulings Following $190 Million Verdict. What Does It Mean?
Paul S. Haberman, Andrew J. Scholz; Goldberg Segalla LLP;
Legal Alert/Article
March 24, 2015, previously published on February 17, 2015
On February 5, 2015, New York County Supreme Court Justice Joan A. Madden issued a post-trial decision involving an asbestos consolidated trial that resulted in a $190 million plaintiffs’ verdict for five mesothelioma plaintiffs.

 

HTMLJudicial Call for More Guidance on Punitive Damages Awards
H. Lockwood Miller, Lisa M. Robinson; Goldberg Segalla LLP;
Legal Alert/Article
March 24, 2015, previously published on December 8, 2014
Earlier this year, in a bellwether trial in the Actos multidistrict litigation, a Louisiana federal court jury awarded $9 billion in punitive damages to plaintiffs who claimed that the use of the diabetes drug Actos caused bladder cancer. Not surprisingly, post-trial challenges followed. In...

 

HTMLEmployer Liability for Privacy Breach?
Seth L. Laver, Seth L. Laver, Michael P. Luongo, Michael P. Luongo; Goldberg Segalla LLP;
Legal Alert/Article
March 24, 2015, previously published on January 26, 2015
Professionals are often entrusted with confidential information. Ethical rules as well as federal and state laws limit when such information may be accessed by professionals and under what circumstances it may be disseminated. Sure, professionals may be held accountable for errors that result in...

 

HTMLOSHA Standards Protect Workers from Exposure to Ebola
David E. Leach; Goldberg Segalla LLP;
Legal Alert/Article
March 17, 2015, previously published on December 15, 2014
Can an employer receive an OSHA citation for failing to protect its employees from exposure to the Ebola virus? Surprisingly, the answer is yes. While most workers in the United States are unlikely to encounter the Ebola virus, workers whose jobs involve healthcare, airline and other transportation...

 

HTMLAvoiding OSHA Citations: The Best Defense Is (Also) a Good Offense
Stefan A. Borovina; Goldberg Segalla LLP;
Legal Alert/Article
March 17, 2015, previously published on January 5, 2015
In the unfortunate circumstance when an employer receives an OSHA citation, it is comforting to know that numerous procedural and substantive legal defenses exist to limit liability. Of the substantive defenses, one of the most effective is known as the “unpreventable employee...

 

HTMLFocusing on Safety (and Potential Recognition) with OSHA’s On-Site Consultation Program
Michael Rubin; Goldberg Segalla LLP;
Legal Alert/Article
March 17, 2015, previously published on January 19, 2015
If you are a small or medium-sized business and want to know how you are doing in terms of safety, one option is to simply ask OSHA by participating in its voluntary On-site Consultation Program. If you elect to participate in this program, a consultant will work with you to identify workplace...

 


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