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HTMLIllinois Passes Authorized Electronic Monitoring in Long-Term Care Facilities Act
Michael E. Zidek; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 1, 2015, previously published on September 1, 2015
On Friday, August 21, 2015, Illinois Governor Bruce Rauner signed into law Public Act 099-0430, the Authorized Electronic Monitoring in Long-Term Care Facilities Act, which permits a resident of a nursing home and her family members to place video and/or audio recording devices in the...

 

HTMLCalifornia Supreme Court Upholds Limited Right of Carrier to Seek Recovery of Unreasonable Fees Directly from Insured’s Independent Counsel
Anet M. Castro, John H. Podesta, Julie E. Van Wert; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 27, 2015, previously published on August 27, 2015
On August 10, 2015, in Hartford Casualty Insurance Company v. J.R. Marketing, LLC, et al., the California Supreme Court held that in some circumstances insurers may seek reimbursement of payments made to the insured's independent Cumis counsel, legal counsel chosen by the insured when the insurer...

 

HTMLEleventh Circuit Addresses Statutory Penalty Claims under ERISA
Joshua Bachrach, Tanya I. Suarez; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 26, 2015, previously published on August 25, 2015
The ERISA statute authorizes a court to award a penalty of up to $110 per day based on the failure of an Administrator to respond to a participant’s or a beneficiary’s request for plan documents. The term “Administrator” is defined under ERISA as “the person...

 

HTMLEffort to Establish Private Cause of Action in New York Against Insurers for Unfair Settlement Practices Fails to Pass State Legislature in 2015
James L. Ansorge, Jonathan L. Bing; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 19, 2015, previously published on August 18, 2015
The New York State Legislature actively considered a bill during the recently completed legislative session that would have amended the New York State Insurance Law regarding unfair claims settlement practices in a way that may have subjected insurers to increased liability. When the 2015...

 

HTML“Force of Nature” or Human Error? Litigating the Act of God Defense
Ernest V. Goodwin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 18, 2015, previously published on August 18, 2015
The cause of the plaintiff’s damages is typically the first and most critical question posed to a jury in a product liability trial. If a jury determines that a substantial factor in the cause of the plaintiff’s damages was a natural event, such as lightning, a tornado or some other...

 

HTMLThe Internet of Things and the Inevitable Collision with Products Liability PART 3: Initial Contact
H. Michael O'Brien; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 13, 2015, previously published on July 28, 2015
This is the third in a series of blogs examining the rapid development of the Internet of Things (IoT) and its consequential impact on product liability risk. The development of the IoT has been so rapid and the applications so ubiquitous across every imaginable industry and commercial enterprise...

 

HTMLFRE 502(d) - An Underutilized “Safety Net” in Document Intensive Litigation
Selina A. Billington, Daniel M. Braude; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 12, 2015
The inadvertent disclosure of privileged material may haunt a company for years, particularly in today’s era of pattern litigation and increased collaboration within the plaintiffs’ bar. Fortunately, in matters pending in federal court, this consequence can be avoided through the use of...

 

HTMLTenth Circuit: Legal Characterization of Facts in Underlying Complaint Insufficient to Trigger the Duty to Defend
Suzanne M. Meintzer, Shawna Ruetz; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 12, 2015, previously published on August 10, 2015
On July 30, 2015, the Tenth Circuit affirmed that an insurer that issued a commercial general liability policy with an auto exclusion for bodily injury arising out of the loading and unloading of an auto did not have a duty to defend. In Landmark Am. Ins. Co. v. VO Remarketing Corp., No. 14-1270...

 

HTMLNevada, Washington and North Dakota Expand Data Breach Definition and Notice Requirements
Lindsay B. Nickle, Kevin M. Scott; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 6, 2015, previously published on July 29, 2015
Continuing the trend of states expanding their data privacy laws, companies that store and transmit personal information about residents of Nevada, Washington and North Dakota must now take note of additional data-element definitions and notice requirements following data breach incidents. In...

 

HTMLSeventh Circuit Holds That Risk of Future Fraudulent Charge on Credit Card Sufficient to Withstand Motion to Dismiss
Melissa K. Ventrone, Aleksandra M. S. Vold; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 5, 2015, previously published on July 22, 2015
During the 2013 holiday season, Neiman Marcus, like many other retailers, discovered that its payment card systems had been compromised and customers’ credit and debit card information was potentially stolen. The rush to the courthouse began, and multiple class action lawsuits were filed and...

 


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