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HTMLIt's Privileged: Should Litigation Privilege attach to pre-litigation Adjusters' Files?
Anna Casemore; Blaney McMurtry LLP;
Legal Alert/Article
January 5, 2017, previously published on December 19, 2016
Litigation privilege serves to protect from disclosure, documents that come into existence (a) after litigation has been commenced, or (b) when litigation was reasonably contemplated if it was for the dominant purpose of using the information to obtain legal advice, or to assist in the conduct of...

 

HTMLNY DFS Publishes Revised Proposed Cybersecurity Rules for Financial Services Companies
Mark D. Herlach, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 2, 2017, previously published on December 30, 2016
On December 28, 2016, the New York Department of Financial Services (the DFS) published a revised proposed cybersecurity regulation (the Revised Regulation) for further public comment. First published in September 2016, the Revised Regulation is a culmination of three years of work by the DFS to...

 

HTMLFederal Insurance Office Report Highlights Consumer Protection Issues Raised by Big Data, Cyber Risks
Mark D. Herlach, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 2, 2017, previously published on December 30, 2016
On November 21, 2016, the Federal Insurance Office (FIO) issued its first ever annual Report on the Protection of Consumers and Access to Insurance (Report). The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) authorizes FIO to monitor all aspects of the insurance...

 

HTMLLegal Tips to Consider If You’re Buying a Drone This Holiday Season
David D. Ebersole, Christopher B. Hopkins, Ilirjan Pipa; McDonald Hopkins LLC;
Legal Alert/Article
January 2, 2017, previously published on December 6, 2016
The Federal Aviation Administration (FAA) is estimating over one million drones may be sold this holiday season. The novice recreational drone operator, however, may lack proper safety training, insurance, and knowledge of the regulatory environment. So, before you take Junior out to earn his wings...

 

HTMLNAIC Report: 2016 Fall National Meeting
B. Scott Burton, Ling Ling, Michael R. Nelson, John S. Pruitt, Stephen E. Roth; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 30, 2016, previously published on December 29, 2016
The National Association of Insurance Commissioners (NAIC) held its 2016 Fall National Meeting December 10-13. Despite the glitzy setting at the Fontainebleau Hotel in Miami Beach, there were no splashy new developments—save the announcement of the appointment of Michael Consedine as NAIC...

 

HTMLWhat Does Medical and Recreational Marijuana Legalization Mean for the Commercial Insurance Marketplace?
Daniel W. Gerber, Laura J. Irk, Jonathan L. Schwartz; Goldberg Segalla LLP;
Legal Alert/Article
December 30, 2016, previously published on November 30, 2016
In connection with this month’s elections nationwide, ballots in nine states included initiatives to legalize the use of medical or recreational marijuana. All but one of the ballot measures passed.

 

HTMLEnhanced Cyber Risk Management Standards Announced in Joint Rulemaking Initiative by Treasury, Federal Reserve, and FDIC
Mark D. Herlach, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 29, 2016, previously published on December 28, 2016
On October 19, 2016, the three major federal banking regulators announced a joint advance notice of proposed rulemaking (ANPR) for enhanced cyber risk management standards (Enhanced Standards) for large and interconnected federally regulated financial institutions and their third-party service...

 

HTMLAre Insurance Companies Ready For Autonomous Vehicles?
Borden Ladner Gervais LLP;
Legal Alert/Article
December 28, 2016, previously published on December 8, 2016
With the recent announcement in Ontario to allow autonomous vehicles on the road for testing, automotive manufacturers, insurance companies and others may face questions of liability - a lot earlier than anticipated.

 

HTMLThe UK Insurance Act 2015-Some Early Pointers on Possible Areas of Contention
Ian F. Lupson; Jones Day;
Legal Alert/Article
December 28, 2016, previously published on December 2016
The UK’s Insurance Act 2015 has now been in force since August 2016.

 

HTMLAvoiding Liability Risks At Company Celebrations, Holiday Parties and Other Get-Togethers
Alexander D. Marks; Burke, Warren, MacKay & Serritella, P.C.;
Legal Alert/Article
December 22, 2016, previously published on December 9, 2016
Whether to celebrate a company’s success or to spread holiday cheer, many companies throw parties for their employees throughout the year.While a good way to build camaraderie, employers must not overlook the liability risks associated with these light-hearted events.

 


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