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HTMLSeller Beware: Eighth Circuit Finds Insurer Potentially Liable for Enrollment Mistakes of Employer
Joshua Bachrach; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on February 27, 2015
In Silva v. Metropolitan Life Insurance Company, 762 F.3d 711 (8th Cir. 2014), the Eighth Circuit joined a number of other circuits in recognizing equitable remedies of reformation and surcharge based on a breach of fiduciary duty under ERISA. The claim for supplemental life insurance benefits...

 

HTMLColorado Supreme Court: Late Notice Inexcusable under Claims-Made Policies
Suzanne M. Meintzer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on February 23, 2015
In Craft v. Philadelphia Indemnity Ins. Co., 2015 CO 11 (Colo. Feb. 17, 2015), Craft was the principal shareholder and president of two entities to which Philadelphia issued claims-made directors and officers coverage. One of the entities sued Craft for misrepresentations allegedly made in the...

 

HTMLBoom or Bust? Cyber Security and Data Breach Loss in Latin America
Scott Sweeney; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on February 25, 2015
Every day in the news we are assaulted by reports of cyber security and data breaches of industry giants, major retailers and financial conglomerates that compromise the privacy and security of millions. In the wake of such crimes, cyber insurance premiums last year reached $2.5 billion, a 25...

 

HTMLNorth Korea’s Attack Raises Critical Coverage Issues and TRIA Implications
Joseph F. Bermudez, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 18, 2015, previously published on December 23, 2014
The FBI advised that the recent attack on Sony Pictures Entertainment (SPE) “destroyed systems” and “rendered thousands of SPE’s computers inoperable, forced SPE to take its entire computer network offline, and significantly disrupted the company’s business...

 

HTMLAfter-hours Time Spent by Employees for Required Security Checks Is Not Integral to the Employees’ Job and Not Compensable under FLSA
Adam J. Detsky, Henry L. Solano; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 18, 2015, previously published on December 16, 2014
In Integrity Staffing Solutions, Inc. v. Busk et al., the United States Supreme Court ruled unanimously that workers who fill orders in Amazon.com warehouses need not be paid for the time they are required to spend waiting for and subsequently going through security screenings at the completion of...

 

HTMLOverview of HUD’s 2013 Guidance on Assistance Animals as Reasonable Accommodations under the Federal Fair Housing Statutes, and Post-guidance Developments
Yoora Pak, Angela M. Sekerka; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 18, 2015, previously published on December 18, 2014
The Fair Housing Amendments Act (FHAA) makes it unlawful to discriminate against disabled individuals in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of disability. 42 U.S.C.S. § 3604(f)(1). The FHAA’s definition of unlawful...

 

HTMLNew York Environmental Commissioner Will Issue an Order Early Next Year Banning “Fracking,” Under a Moratorium Since 2008
Alexander L. Betke, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 18, 2015, previously published on December 22, 2014
In a much-anticipated report, the New York State Department of Health has concluded that high-volume hydraulic fracturing (HVHF) should be banned statewide. In a nutshell, the Department found that there was insufficient scientific evidence that fracking was safe. The report stated in relevant part...

 

HTMLIllinois Appellate Court Finds Defendant Not Liable for “Speculative” Workplace Asbestos Exposure
Charles W. Planek; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 18, 2015, previously published on December 30, 2014
The Illinois Appellate Court for the Fourth District affirmed a jury’s defense verdict in Holloway v. Sprinkmann Sons Corporation of Illinois, 2014 IL App (4th) 131118 (December 16, 2014). The plaintiff testified that from 1962 to 1976 she worked at the defendant’s plant and during that...

 

HTMLCalifornia Amends Law to Expand Businesses’ Obligations in the Wake of a Data Breach
Gregory Bautista, Donald P. Sullivan, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 9, 2014
Entities that own, license or maintain personally identifiable information on California residents beware - on January 1, 2015, an amendment to California’s privacy and breach law goes into effect that may have a significant impact on the way entities respond to data breaches. Starting in...

 

HTMLNew York City Mayor de Blasio Signs Affordable Transit Act into Law
Jonathan L. Bing, Jake Herring; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
February 16, 2015, previously published on December 15, 2014
On October 20, 2014, New York City Mayor Bill de Blasio signed Local Law 53, the Affordable Transit Act. Under this new law, New York City businesses with 20 or more full-time employees will be required to offer a federal commuter tax fringe benefit to employees. Covered employers will need to...

 


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