Gilbert LLP Helps Kentucky Town Rebuild Following Deadly Winter Tornadoes

Gilbert LLP, a Washington, D.C. law firm that specializes in complex dispute resolution, announced today that it has engaged in a dynamic new pro bono project to assist the victims of this winter’s deadly tornadoes in Kentucky. With a goal of having lasting impact in a community, Gilbert has partnered with Disaster Relief at Work […]

Russia’s Invasion of Ukraine:  Maximizing Insurance Coverage to Mitigate Financial Losses

Russia’s invasion of Ukraine has led not only to severe humanitarian consequences, but also to severe economic consequences for Ukrainians, Russians, and others who conduct business within the region.  From the destruction of physical property in Ukraine, to forced abandonment of Ukrainian assets, to trade interruptions stemming from global sanctions on Russia, economic fallout from […]

Russia’s Invasion of Ukraine: Maximizing Insurance Coverage to Mitigate Financial Losses

Russia’s invasion of Ukraine has led not only to severe humanitarian consequences, but also to severe economic consequences for Ukrainians, Russians, and others who conduct business within the region.  From the destruction of physical property in Ukraine, to forced abandonment of Ukrainian assets, to trade interruptions stemming from global sanctions on Russia, economic fallout from […]

Victory For Racial Equity In Maryland Real Property Law

Gilbert LLP is pleased to report that legislation we actively supported to promote racial equity in real property law was passed by the Maryland legislature last week.  Gilbert LLP partner Richard Shore and associate Rachel Jennings have been building coalitions to support the bill’s enactment for more than a year and testified in favor of […]

Gilbert Attorneys Richard Shore and Rachel Jennings Testify in Support of Maryland Legislation to Protect Home and Land Ownership of Disadvantaged Groups

Gilbert partner Richard Shore and associate Rachel Jennings testified in February before committees of the Maryland House of Delegates and Senate in support of a bill to protect economically disadvantaged property owners from abusive tactics that allow real estate speculators to acquire family owned “heirs” property and other real property subject to partition laws for […]

Gilbert LLP: Our Pro Bono Work on Parole Matters – William Lumpkin’s Story

As part of our diverse Pro Bono practice, Gilbert LLP represents incarcerated individuals in several different types of matters, including parole proceedings before the U.S. Parole Commission. William Lumpkin was one of our parole clients.  When we learned about his case from the Washington Lawyers’ Committee in 2020, just a few weeks prior to his […]

Gilbert LLP Lauds Mallinckrodt Bankruptcy Confirmation

Gilbert LLP, a Washington, D.C. law firm specializing in complex dispute resolution, heralded the U.S. Bankruptcy Court for the District of Delaware’s confirmation of the bankruptcy settlement in In Re: Mallinckrodt PLC, et al. as “a key step toward abating the opioid crisis.” Gilbert played a central role in negotiating the terms of the Mallinckrodt […]

Gilbert Partner Heather Frazier to Speak at March 2 Perrin Mass Tort Litigation Conference

Gilbert LLP announced today that Heather Frazier, a firm partner, will appear at Perrin’s virtual Mass Tort Litigation Conference tomorrow, March 2, 2022.  Frazier will appear on the conference’s panel, “Bankruptcy in Mass Tort.” Ms. Frazier’s practice focuses on insurance recovery for mass tort liabilities in bankruptcy proceedings, state and federal court litigation, and alternative […]

Firm Attorney Rachel Jennings Testifies in Support of Bill to Protect African-American Land Ownership

Gilbert LLP associate Rachel Jennings recently testified before the Judicial Proceedings Committee of the Maryland Senate in support of Senate Bill 92, the Maryland Uniform Partition of Heirs Property Act. The Act would protect African-American and other disadvantaged groups from abusive tactics permitted by current real property law that allow real estate speculators to acquire family-owned property […]

Gilbert Partner Daniel Wolf Speaks at CLE Webinar on Insurability of Punitive Damages

On January 25, 2022, Gilbert Partner Daniel Wolf spoke at Strafford Publications’ live CLE webinar on “Insurability of Punitive Damages in Civil Litigation: Reducing Uncertainty of Coverage and Insurer Duties.”  The webinar addressed the insurance contract provisions, state law requirements, and public policy considerations that can impact the availability of insurance coverage for punitive damages, […]

Gilbert Partner Jason Rubinstein Named as “Go To Thought Leader” by National Law Review

Gilbert LLP announced today that the National Law Review (NLR) has named firm partner Jason Rubinstein as one of its Go To Thought Leaders for his published writing in 2021.  He is one of 87 awardees from over 14,000 contributed submissions to the NLR in 2021. Rubinstein’s award-winning article addressed insurance coverage issues related to […]

Gilbert LLP Announces Selection of Heather Frazier as New Firm Partner

Gilbert LLP announced today that it has named Heather Frazier to the firm’s partnership effective January 1, 2022.  Frazier has been with the firm since 2015. “In her time with us, Heather has established herself not only as an excellent lawyer, but also as an outstanding Gilbert citizen,” said firm founder Scott Gilbert.  “She has […]

In 2021, Gilbert Continues to Embrace Its Commitment to Do Good

A key tenet of Gilbert’s philosophy is to give back to our communities.  Lawyers and other professionals at Gilbert LLP engage in public service work, including a substantial pro bono legal practice.  That practice has never been more essential. The extraordinary events of the last 22 months highlight how certain populations—immigrants, racial and ethnic minorities, […]

How Law Firms Can Rethink Offices In A Post-Pandemic World

Commentators agree that the pandemic has changed, is changing, and will change the way law firms operate.[1] But what does the new normal look like? For many law firms, it is clear that hybrid models of remote and in-office work will be necessary to succeed, collaborate and compete for talent in a post-COVID-19 marketplace. Easily […]

Will Kanter Transform Cartel Enforcement?

The hearing on Jonathan Kanter’s nomination to lead the U.S. Department of Justice’s Antitrust Division is scheduled for Oct. 6. When viewed alongside President Joe Biden’s appointment of Lina Khan to chair of the Federal Trade Commission, his selection of professor Tim Wu as special assistant to the president, his formation of the new White […]

Kirby McInerney, Gilbert Interim Leads In CDS Market Rig Suit

Law360 recently reported on Gilbert LLP’s appointment as interim co-lead class counsel in the Credit Default Swaps Auctions Litigation.  Click here to read the article.

Gilbert LLP Partner Jenna Hudson Speaks at Perrin Opioid Litigation Conference

WASHINGTON, D.C.  —  Gilbert LLP partner Jenna Hudson took part in today’s Perrin Opioid Litigation Conference, joining attorneys from across the country to discuss a range of legal topics related to the opioid crisis. Hudson discussed how the insuring agreement (the first step to coverage) in a typical insurance policy applies to opioid claims.  Hudson […]

Gilbert LLP Lauds Purdue Bankruptcy Confirmation

Gilbert LLP, a Washington, D.C. law firm specializing in complex dispute resolution, today heralded the U.S. Bankruptcy Court for the Southern District of New York’s confirmation of the bankruptcy settlement in In Re: Purdue Pharma L.P. as “historic and transformative.” Gilbert played a central role in negotiating the terms of the Purdue bankruptcy settlement among all […]

Gilbert LLP Cited in Wall Street Journal Story About Pandemic and Public Transportation

The Wall Street Journal recently published an article about the impact of the pandemic on public transportation. After reviewing our white paper regarding post-pandemic law firm operations, the Journal reporter interviewed Craig Litherland and Brandon Levey for his story. The part of the story that references Gilbert is excerpted here: More concerning to transit officials: […]

DC Firm’s Return Policy: Stay Home or Work in Office Whenever You Need

By Bruce Love, National Law Journal One Washington, D.C., law firm is moving to a hybrid work environment, but it isn’t bothering with setting a minimum number of days in the office for lawyers and staff. Instead, 30-lawyer financial services firm Gilbert is allowing them to work from home whenever they think it’s appropriate and come […]

Gilbert LLP Starts Full Transition to In-Office Work

Gilbert LLP announced today its official transition to in-office work, utilizing a hybrid operating structure whose origins predate the pandemic. Gilbert began devising a new model for law firm operations in 2018, and it secured distinctive office space to help put this model into practice.  The firm also began to implement hoteling work arrangements in […]

Gilbert LLP Outlines Vision for Post-Pandemic Law Firm Operations

Gilbert LLP, a Washington, D.C. law firm specializing in complex dispute resolution, announced today that it has published Planning for a Future That Came Early, a comprehensive white paper that outlines the firm’s vision for the future of law firm operations. Notably, Gilbert began planning for a post-pandemic world in 2018.  The firm devised a […]

Racial Equity: Gilbert Partner Richard Shore Testifies on Protecting Marginalized Groups from Forced Sales of Family Property in DC

Gilbert LLP partner Richard Shore testified on May 13 before the DC City Council’s Committee on the Judiciary and Public Safety in support of the Uniform Partition of Heirs Property Act of 2021 (“UPHPA”).  The UPHPA is a model statute thus far adopted in 17 states and the U.S. Virgin Islands that is designed to […]

Fourteen Gilbert LLP Attorneys Named to 2020 Capital Pro Bono Honor Roll

Gilbert LLP announced today that 14 of its attorneys—nearly half the attorneys at the firm—have been recognized on the 2020 Capital Pro Bono Honor Roll. In informing those who have met the D.C. Courts standard for pro bono achievement, Chief Judge Anna Blackburne-Rigsby and Chief Judge Anita Josey-Herring said, “we salute you for using your […]

The Bedivere Liquidation – What Matters for Policyholders?

The Bedivere Insurance Company, formerly known as OneBeacon Insurance Company, was placed into liquidation on March 11, 2021.  Once writing commercial, workers’ compensation, and automobile liability insurance policies nationwide, the company had stopped writing most new or renewal business over a decade ago.  As a Pennsylvania-domiciled insurance company, the Pennsylvania Commonwealth Court will oversee the […]

Excerpted from Mass Torts in the United States

When faced with an emerging mass tort, companies often first turn to trusted defense counsel for guidance, often utilizing them as the company’s “first line of defense” regarding insurance issues.  In this role, defense counsel typically need to identify potentially responsive insurance policies, ensure that relevant insurers are properly noticed, and, in certain instances, make […]

Gilbert Secures Global Insurance Settlements in Asbestos Matter

Following years of litigation in both state and Chapter 11 bankruptcy court on behalf of an insolvent boilermaker, Gilbert LLP recently secured over $20 million in settlements from insurers to fund a liquidating trust that is expected to pay out its assets to asbestos claimants over approximately four years. A variety of factors made the […]

Winter Storms Projected to Be Largest Insured Loss in Texas History—Secure Your Safety and Property and Preserve Your Insurance Rights

The subzero temperatures and winter storms that swept through Texas and surrounding states this past week have left millions without power and/or water, subject to rolling blackouts, fighting frozen and/or bursting pipes, with collapsed roofs, or forced business closures.  Once immediate health and safety is secured, individuals and companies alike will need to shift their […]

Opportunities for the Biden Administration to Reverse Failed Trump Policy on Cuba – Part 2

Over the years, Gilbert LLP has been involved in many facets of Cuban-American relations.  As a new presidential administration settles in, we have developed several recommendations for undoing President Trump’s isolationist policies and effectuating meaningful changes to U.S.-Cuban relations without Congressional involvement. In Part 1 of this two-part series, we offered proposals to improve family […]

Excerpted from Mass Torts in the United States

In an emerging mass tort situation, what is the role of the defendant company’s insurance broker? And how should the tort defendant company and its counsel interface with that insurance broker? It is logical that a defendant company would turn to its insurance broker, particularly if the two have a long-standing relationship, and if that […]

Opportunities for the Biden Administration to Reverse Failed Trump Policy on Cuba – Part 1

Potentially no country has more to gain from a new U.S. presidential administration than Cuba.  President Trump has spent the last four years ratcheting up sanctions on Cuba and rolling back prior efforts to normalize relations in an effort to cripple the Cuban government and force a regime change. Whether President Biden will return to […]

Pursuing Equity: Changing State Law to Protect Generational Wealth of African-American and Other Disadvantaged Families

Gilbert LLP partner Richard Shore recently spoke on a panel sponsored by the Estate & Trust Law Section of the Maryland State Bar Association about the Uniform Partition of Heirs Property Act. The UPHPA is designed to help preserve family wealth passed down from generation to generation by limiting the ability of real estate speculators […]

Gilbert LLP Publishes “The COVID Review” Collection of Written Analyses of COVID-19 Business Interruption Issues

Gilbert LLP released The COVID Review today, compiling its extensive writings on COVID-19 and the range of business interruption insurance issues that have arisen during the pandemic. Gilbert, a leader in insurance coverage law, has written more than two dozen articles, blogs, and other material pertaining to the COVID-19 business interruption legal landscape since February, […]

The COVID Review

The coronavirus pandemic is an unprecedented event in the life of every person worldwide. Much as everyone remembers where they were when they learned of John F. Kennedy’s assassination, witnessed the attacks of 9/11, watched O.J. Simpson in the White Bronco, or viewed the Challenger explosion, COVID-19 will be a lasting, life-altering memory in the […]

Gilbert LLP Partner Jason Rubinstein Co-Authors Chapter in New ABA Book, Mass Torts in the United States: Strategy and Practice

Gilbert LLP announced today that Jason Rubinstein, a firm partner, has co-authored a chapter in the American Bar Association’s recently released book, Mass Torts in the United Sates: Strategy and Practice. The chapter, entitled “The Role of Insurance in Mass Tort Litigation,” was co-authored by Rubinstein and former colleagues Barry Buchman and Tamra Ferguson.  It […]

Three Gilbert Partners Named as National Law Review Thought Leaders

Gilbert LLP partners Mark Packman, Jason Rubinstein, and Daniel Wolf were honored by the National Law Review (NLR) in December for their written analyses of COVID-19 business interruption insurance issues. In a wide range of National Law Review blogs, the trio explored issues concerning policyholder rights, insurance industry claim objections, emerging state policies, and others.  […]

Tort Trial & Insurance Practice Law Journal Publishes Article by Gilbert LLP Partner Mark Packman on COVID-19 and Insurance Industry

Gilbert LLP partner Mark Packman was published last week in the Fall edition of the Tort Trial & Insurance Practice Law Journal with an article examining the Constitution’s Contracts Clause and proposed state legislation aimed at protecting business interruption claims for businesses suffering from COVID-19 losses. The article, entitled “Constitutionality Under the Contracts Clause of […]

Administration of Coronavirus Vaccines May Raise Constitutional Issues

With the development of COVID-19 vaccines, the world may finally be looking at a solution to the pandemic that has plagued all of us for the past year.  As several experts have noted, however, “Vaccines don’t prevent diseases; vaccinations do.”  And that creates a potential problem, because, as experts in other fields have noted, many […]

Constitutionality Under the Contracts Clause of Proposed Legislation Enabling Policyholders to Obtain Insurance Coverage for Coronavirus Claims

In addition to its human toll, the coronavirus pandemic has had massive economic effects. It has produced staggering layoffs, millions of claims for unemployment compensation, and unprecedented federal aid. Given these economic effects, it is not surprising that the pandemic has also affected the insurance industry. Lloyd’s of London has stated that it “expects  coronavirus-related losses […]

Gilbert LLP Announces Selection of Two New Partners

Gilbert LLP announced today that it has named Emily Grim and Daniel Wolf to the firm’s partnership, effective January 1, 2021.  Emily has been with Gilbert since 2011; Daniel since 2012. “Gilbert LLP is extremely pleased to add Emily and Dan to our partnership,” said firm founder and Chairman Scott Gilbert.  “They represent the very […]

Insurance Considerations For Schools Harmed By COVID-19

Any parent attempting to balance the challenges of working remotely while managing their children’s distance learning experience can tell you that schools have been among the facets of our society that have been hit hardest by the COVID-19 pandemic. Among other things, colleges and universities across the country had to grapple with shutting down schools […]

North Carolina Court Holds That All Risk Policies Cover COVID-19 Business Income and Extra Expense Losses as a Matter of Law

On several occasions, my law partner Mark Packman and I have published articles discussing that initial COVID-19 insurance coverage decisions going the insurance industry’s way are not a silver bullet for insurers. We have explained that individual or consolidated claims should be assessed on their own merits because factors such as specific policy language, jurisdiction, […]

Bedrock Principles of Insurance Contract Interpretation May Aid Policyholders Seeking Coverage for Losses Due to COVID-19

Determining how an insurance policy applies to a situation not anticipated by the policy’s drafters often results in disputes between an insurer and a policyholder.  So, it’s no surprise that the COVID-19 pandemic, which is unprecedented in many respects, has led to numerous differences of opinion regarding the extent to which various types of insurance […]

Court Invites Insured to Amend Business Interruption Complaint

By Judy Greenwald A federal district court in Minneapolis has rejected a hair salon and barbershop’s effort to collect business interruption coverage from its insurer and granted a motion to dismiss the case, but invited the plaintiff to amend its complaint. “It is possible” a policyholder would be “entitled to coverage for lost business income” […]

Insurer Suggests Some Viruses Can Knock Down Buildings, Just Not COVID

Insurers like to trumpet litigation wins on COVID business interruption coverage, but it’s helpful to actually read the decisions. Take the recent It’s Nice–Chicken Shack case. The best part of it is the insurer arguing that viruses can cause property damage, which it contended (incorrectly) requires damage to a building’s structure. The insurer did so […]

Insurer-Friendly COVID-19 Case Law Is No Silver Bullet

As we’ve written in a previous Law360 article, although insurers have trumpeted several recent victories in cases regarding insurance coverage for business interruption caused by the coronavirus pandemic, these cases are by no means a silver bullet. In particular, we pointed to the recent decision in Studio 417 Inc. v. Cincinnati Insurance Co.,[1] in which […]

Gilbert LLP Announces Move to New Office Space

Gilbert LLP, a Washington, D.C. law firm specializing in complex dispute resolution, announced today that it has relocated to new offices in the nation’s capital. “We believe we’ve created not just a new workplace, but a model for law firms and other professional services to emulate as they analyze their circumstances both during the COVID-19 […]

COVID-19 Claims May Survive Insurers’ Physical Loss Defense

The policyholders in lawsuits by restaurants and others seeking insurance coverage for income they’ve lost from the coronavirus pandemic have largely relied on the business interruption provisions of their policies. As the name implies, these provisions generally obligate insurers to reimburse policyholders for lost income due to an interruption in the policyholders’ businesses. The interruption […]

Renewed Shutdowns/Restrictions Present Interesting Issues Regarding COVID-19 Business Interruption Claims

In recent weeks we have published multiple pieces on issues related to the calculation of damages under business interruption policies for losses associated with COVID-19 shutdowns/restrictions.  Unlike more conventional business interruption claims, such as losses associated with a hurricane, COVID-19 claims are likely to be more complicated regarding the end date for loss calculations, especially […]

Proposed Legislation Regarding Business Interruption Insurance for COVID-19 Claims

In recent writings, we’ve informed you about insurance legislation introduced in several states to deal with the coronavirus pandemic.  This legislation generally seeks to compel insurers to provide coverage for the business interruption insurance their policyholders purchased and forbids insurers from arguing that coverage is precluded by virus exclusions or by “physical damage” to property […]

Gilbert LLP Partners With ACLU of Louisiana to Confront Police Violence and Racial Injustice

WASHINGTON, D.C.  —  Gilbert LLP, a Washington, D.C. law firm specializing in complex dispute resolution, announced today that it is partnering with the ACLU of Louisiana and a host of other private firms and law school clinics to bring litigation prowess to bear against racially discriminatory policing practices. “At this time, everyone—particularly those in the […]

Interplay of Mitigation and COVID Business Interruption Claims

On June 15, 2020, Society Insurance (“Society”) filed a motion in the United States District Court for the Eastern District of Wisconsin seeking dismissal of a proposed class action lawsuit that seeks insurance coverage for COVID-19-related losses incurred by certain bars and restaurants in Wisconsin, Minnesota, and Tennessee.  Rising Dough, Inc., et al. v. Society […]

In Observance of Juneteenth, Gilbert LLP Will Be Closed Friday, June 19, 2020.

In observance of Juneteenth, Gilbert LLP will be closed Friday, June 19, 2020.

Reasons for Communicating Clearly with Your Insurer Regarding the Scope of Coverage Before Purchasing Cyber Insurance

Purchasing cyber insurance is notoriously complex—standard form policies do not currently exist, many key terms setting the scope of coverage have not been analyzed by courts, and cyber risks are complicated and constantly evolving.  Given these complexities, prospective policyholders should consider, before purchasing a cyber policy, communicating their expectations for coverage in clear and specific […]

Legislation Enabling Policyholders to Obtain Insurance Coverage for Coronavirus Claims Is Constitutional (Part 2)

In Part One of this post, we discussed proposed legislation addressing the rights of policyholders to business interruption coverage for coronavirus claims and the insurance industry’s objection that this legislation would violate the Contracts Clause of the United States Constitution.  Below, we discuss the test for whether a state law violates the Contracts Clause, the […]

Legislation Enabling Policyholders to Obtain Insurance Coverage for Coronavirus Claims Is Constitutional (Part 1)

The Coronavirus Crisis On top of its human toll, the coronavirus pandemic has had massive economic effects.  Stay-at-home orders, which remain in place in much of the United States, have resulted in massive layoffs, spiraling claims for unemployment compensation, and unprecedented federal aid. Many businesses affected by the pandemic have turned to their insurers seeking […]

Worker sues after being fired for refusing to violate shelter-in-place order

By Kate Tornone, HRDive Dive Brief: An employee alleged April 23 that her firing — based on her refusal to work on site during the novel coronavirus pandemic — was inappropriately based on her refusal to engage in illegal activity (Reggio v. Tekin Associates, No. CC-20-01 986-B (Dallas County Court, April 23, 2020)). Amy Reggio […]

Gilbert Partner Richard Shore Named to D.C. Panel Charged With Developing Sound Plans for District Reopening

Gilbert LLP is pleased to announce that partner Richard Shore has been appointed to Washington, DC Mayor Muriel Bowser’s ReOpen DC Advisory Group.  The Advisory Group was formed to develop recommendations on reopening the District safely and sustainably through a plan based in science and tailored to the needs of the community. Shore was named to the […]

Gilbert LLP Secures Freedom for Persecuted Immigrant

On March 20, 2020, Gilbert LLP successfully prevented the deportation of a Honduran man under terms of the Convention Against Torture (“CAT”).  Gilbert’s client, a 19-year old Honduran who escaped persecution at the hands of deadly Honduran street gangs, was granted deferral of removal, a CAT designation which prohibits deportation to a country where it […]

A Gilbert COVID-19 Webinar on D&O Insurance

On Wednesday, April 15, at 2:00pm, Gilbert attorneys Rachel Kronowitz and Dan Wolf will be conducting a timely and valuable webinar entitled “Directors & Officers Insurance: Key Considerations for COVID-19.”  The webinar will be hosted by Perrin Conferences.  Additional information and registration details can be found here:  Gilbert D&O Insurance Webinar.

Firms must take these actions to preserve potential COVID-19 insurance claims

As the COVID-19 pandemic continues to wreak havoc on businesses, conflicting opinions are being offered about the potential applicability of certain insurance policies to COVID-19 losses. However, the COVID-19 landscape is changing daily and insurance coverage for such claims will be the subject of extensive litigation and legislation. Companies should take steps now to preserve […]

Gilbert LLP Creating Website Resource Program for COVID-19 Insurance-Related Matters

Gilbert LLP, a leading Washington, D.C. insurance recovery firm, announced today that it is launching an online resource package for businesses impacted by the global pandemic. The initial resources offered by Gilbert include critiques of insurance-related actions taken by state and local governments and a series of blog posts published by Gilbert attorneys as the […]

Social Distancing During Wedding Season: Mitigating Loss and Securing Insurance Coverage

In a typical year, March flowers hint at wedding showers soon to be celebrated.  But 2020 is not a typical year.  As travel and crowd size restrictions continue to tighten, the wedding industry—which relies on large gatherings of people, many of whom travel for the occasion—has been and will continue to be significantly impacted.  And […]

Non-Public Companies Should Not Forget D&O Insurance When Evaluating Coverage That May Respond To COVID-19-Related Losses

Though most initial COVID-19 insurance-related analysis is focusing on first-party insurance, companies should also review their third-party insurance coverage in response to this pandemic.  Non-public companies would be well-advised in this review not to overlook directors and officers (“D&O”) insurance, which often provides quite broad liability coverage to such companies.  Although D&O coverage for public […]

Businesses At Risk Of COVID-19-Related Lawsuits Should Consider Providing Notice of Circumstance Under Current Claims-Made Liability Policies

Health and safety are rightly everyone’s first priority as COVID-19’s unprecedented impact continues to grow each day.  But businesses should also start considering what future lawsuits they may face related to COVID-19 and how to protect their rights under third-party liability insurance policies intended to cover such lawsuits. One key issue every business should consider […]

Coronavirus and Implications on Employment Claims and Insurance

My colleague, Jason Rubinstein, recently wrote a piece highlighting potential impacts the coronavirus pandemic might have on various commercial lines of insurance.  Though too early to know the full extent of resulting lawsuits, it is only a matter of time before employers start to see claims by current or former employees stemming from issues related […]

Coronavirus and Commerce: Possible Insurance Implications

The coronavirus pandemic and its consequences are spreading throughout the world at an alarming rate.  Governments at all levels and the private sector are scrambling desperately to mitigate these consequences even as new closures, stricter quarantines, and fresh fears develop on an hourly basis. While some industries are more directly impacted than others (e.g., airlines […]

Protecting Enrollments in Times of Risk and Crisis

The recent outbreak of the coronavirus, and the alarming rate at which the virus is spreading, is having a global impact. Among the affected entities are American colleges and universities, especially those that enroll large numbers of students from the countries most impacted by the coronavirus outbreak. Recent restrictions announced by the United States on […]

Gilbert LLP Is Moving to Eastern Market in D.C.

Gilbert LLP is moving!  This Spring, we will open our new office in the exciting Eastern Market neighborhood in Washington, D.C.  We are working with our architect and contractor partners to design and build the space, which will set new standards for efficiency and sustainability. Below are a few photos of the work in progress.  […]

Can U.S. Companies Insure Against a Trade War?

The recent trade deal between the U.S. and China was welcome news for U.S. companies with investments in China.  The tenuous relationship between the countries, however, continues to cause substantial uncertainty for U.S. investors.  Their concerns are not unique to China—the Trump Administration has taken an aggressive trade stance even with nations usually considered friendly, […]

The Insurance Landscape For Phishing Claims Is Shifting

No matter the size of the company, many employees have received an email similar to the one below. At first glance, the sender’s email address appears to be legitimate, but a closer look reveals a misspelling in the domain name — a “0” in the domain name instead of an “o.” To: Employee <employee@domain1.com> From: […]

Gilbert Helps Secure Parole for Pro Bono Client

On December 4, 2019, a Gilbert LLP client was granted parole by the U.S. Parole Commission after serving 22 years for manslaughter. The client, who had unsuccessfully sought parole three separate times since 2010, was assisted pro bono by Gilbert attorney Jasmine Chalashtori in this successful effort. He is slated to be released from prison […]

Department of Justice Victim Assistance Fund Refuses to Pay Award to U.S. Marine Brutally Tortured and Wrongfully Imprisoned by Iran

FOR IMMEDIATE RELEASE: CONTACT: Jason Kaplan, kaplan@skdknick.com, 845-300-9836 Today, Gilbert LLP filed a lawsuit in the United States Court of Federal Claims on behalf of former U.S. Marine Amir Hekmati, who was brutally tortured and falsely imprisoned by the Government of Iran from 2011 to 2016 after traveling to the country to visit his grandmother.  […]

Marine Vet Freed by Iran in 2016 Sues U.S. Over Unpaid Compensation

By Rick Gladstone, New York Times When a Marine veteran from Michigan was freed by Iran in 2016, an ordeal of imprisonment, torture and deprivation that had lasted almost four and a half years came to an end. Amir Hekmati was welcomed home as a hero. But his battle with the government in Tehran has given way to a […]

Overextended warranties: What policyholders should know to protect themselves from overbroad warranty statements

When purchasing directors and officers liability insurance, policyholders are often asked to warranty that they are not aware of any facts that might lead to a claim under the prospective policy. While such warranty statements are common in D&O underwriting, in recent years insurers have increased their efforts to aggressively use the warranties — which […]

Insurance Considerations for Music Festivals

Just weeks before it was set to begin, Woodstock 50 gasped its final breath. But the steady drumbeat of problems that caused organizers to cancel the event will only continue as financiers, artists, and organizers confront the range of legal issues that may now take center stage. Insurance will be key to addressing the Woodstock 50 […]

Gilbert LLP Appointed by Federal Appeals Court to Represent Client Challenging His Unlawful Murder Conviction

WASHINGTON, D.C. ­– On October 1, 2019, Gilbert LLP was appointed by the U.S. Court of Appeals for the Fourth Circuit to represent Randall Tyler in his challenge to the constitutionality of his conviction for murder, conspiracy, and burglary in the Circuit Court for Lexington County, South Carolina.  Mr. Tyler is represented pro bono by […]

Playing with Fyre: Insurance Considerations for Music Festival Organizers

Just weeks before it was set to begin, Woodstock 50 gasped its final breath.  But the steady drumbeat of problems that caused organizers to cancel the event will only continue as financiers, artists, and organizers confront the range of legal issues that may now take center stage. Insurance will be key to addressing the Woodstock […]

Delaware Court Ruling Creates New Wrinkle For Defendants Evaluating Appraisal Claims

In 2016, Delaware amended Section 262(h) of the General Corporation Law to permit defendants in appraisal actions to prepay claimants and cut off pre-judgment interest that would otherwise accrue under Delaware law on the fair value payment that occurs at the conclusion of such actions.  Since then, much has been written about the pros and […]

Cohen Lawsuit Against Trump Organization Moves Forward

On August 28, the Commercial Division for the Supreme Court of the State of New York, County of New York, ruled that Gilbert client Michael Cohen could move forward with his case against his former employer, the Trump Organization. Mr. Cohen is claiming that the Trump Organization failed to indemnify and advance attorneys’ fees and […]

Optimizing Technology Assisted Review

While there are benefits to leveraging past experience, the legal industry also must embrace the dramatic advancements in technology assisted review (“TAR”) applications that can significantly reduce litigation discovery costs, improve document review accuracy, and improve litigation outcomes. As these technologies have evolved, more and more courts are accepting and even encouraging parties to use […]

Gilbert LLP Attorney Dan Wolf Honored by Legal Aid Society With Making Justice Real Pro Bono Award

WASHINGTON, D.C. ­– Gilbert LLP is proud to announce that Dan Wolf, an Associate with the firm, has been honored by the Legal Aid Society of the District of Columbia with the Making Justice Real Pro Bono Award for his record of achievement in pro bono representation. Legal Aid selected Dan for this award in […]

Gilbert Retained by Committee of Tort Claimants in Imerys Bankruptcy Matter

WASHINGTON, D.C. ­– Gilbert LLP, a leading insurance recovery firm, has been retained as special insurance counsel to the Official Committee of Tort Claimants in the Chapter 11 bankruptcy proceedings of Imerys Talc America, Inc., a major supplier of cosmetic talc to U.S. talc sellers. Imerys faces thousands of lawsuits alleging its products caused ovarian […]

Tours in Trouble: A Rock Star’s Response to Coverage Denials Based on Physical Injury or Mental Health

Touring is a major source of profits for today’s successful recording artists, and they spend considerable sums on venues and staging to bring music to their fans.  But the list of things that can go wrong before and during a tour is almost endless. That’s why artists, tour companies, and record labels purchase various forms […]

Tours in Trouble: A Rock Star’s Response to Coverage Denials Based on Physical Injury or Mental Health

Touring is a major source of profits for today’s successful recording artists, and they spend considerable sums on venues and staging to bring music to their fans.  But the list of things that can go wrong before and during a tour is almost endless. That’s why artists, tour companies, and record labels purchase various forms […]

Gilbert Partner Jenna Hudson Speaking at National Opioids Conference on June 6

WASHINGTON, D.C. ­– Jenna Hudson, a partner at Washington, D.C.-based Gilbert LLP, will speak on a panel tomorrow at the Perrin Opioid Litigation Conference in Dallas, Texas. Hudson is a part of the Gilbert team that represents multiple states’ attorneys general and sovereign Indian tribes in litigation against opioid manufacturers, distributors, chain retailers, and others.  […]

Release of Todd Leininger from Venezuelan Prison

Gilbert LLP is very happy to welcome back to the United States our client Todd Leininger, who was unjustly held in a Venezuelan prison for five years.  Upon Todd’s release, his mother Barbara Leininger issued the following statement: “Over the past five years, all I have hoped and worked for is Todd’s safe return home. […]

Gilbert LLP Works With Delaware Attorney General to Pursue All Three Levels of Prescription Opioids Supply Chain

WASHINGTON, D.C. ­– On April 2, 2019, Gilbert LLP, on behalf of the State of Delaware, took additional legal action to combat the opioid crisis in the State when it filed an Amended Complaint in Delaware Superior Court against twelve corporate entities who are involved in the manufacture, distribution, and sale of prescription opioids within […]

Tribes Get Tentative Green Light In Opioid MDL

U.S. Magistrate Judge David A. Ruiz issued two reports Monday recommending trimming the tribes’ claims against drug manufacturers, distributors and pharmacies, but concluded that the bulk of their suits should withstand defense motions to dismiss, leaving claims alleging Racketeer Influenced and Corrupt Organizations Act violations, negligence and nuisance in play. The tribes accuse the manufacturer […]

Political Risk Coverage: Options and Opportunities

Political turmoil across the globe has led to unprecedented risks for U.S. companies doing business abroad. A surge in nationalism and increasing influence by far-right political leaders worldwide have left even traditionally-stable nations subject to civil unrest, attacks on democratic institutions, and discrimination against foreign interests. In light of such uncertainty, U.S. companies are increasingly […]

Life on the B Side: Social Media Advertising Under CGL Coverage B (Part 2)

The following is Part II in our two-part series on the intersection between social media advertising and the lesser known portion of commercial general liability (“CGL”) policies—the elusive “Coverage B.”  In Part I, we examined the prevalence of social media and social media advertising in today’s society.  We also provided a brief overview of the […]

The Opioid Crisis Costs Billions. Will Insurance Pay For It? (Part 2: “Occurrence”)

Every day we learn new horrors about America’s opioid epidemic.  As discussed in my last entry, insurance issued to the prescription opioid industry may fund solutions to the crisis.  In conjunction with litigation filed by governmental entities from across the nation, Gilbert LLP is analyzing that question. One significant source of coverage may be comprehensive […]

Gilbert LLP Files Amicus Brief in North Carolina Gerrymandering Case

Gilbert LLP filed a friend-of-the-court brief on March 8 with the Supreme Court opposing efforts by North Carolina Republicans to gerrymander Congressional districts in their state.  The brief was filed on behalf of Professor Christopher Elmendorf, who is the Martin Luther King, Jr., Professor of Law at the University of California at Davis Law School, […]

Michael Cohen Files Indemnity Lawsuit Against the Trump Organization

Gilbert LLP is representing Michael Cohen with respect to claims against his former employer, the Trump Organization, based on the Trump Organization’s failure to indemnify and advance attorneys’ fees and costs on behalf of Mr. Cohen in connection with various investigations and legal proceedings.  Mr. Cohen is pursuing his claims through litigation filed today in […]

FAA Proposes Amendments to Rules Applicable to Drones

Nearly four years ago I first wrote about the proliferation of commercial drones and the myriad of insurance and regulatory issues presented by their use. Since then, the commercial, industrial, and recreational drone markets have continued to expand at a dizzying pace. Correspondingly, changes in the regulatory, legal, and insurance landscapes applicable to drones will […]

Social Media Advertising Under CGL Coverage B (Part 1)

The following is Part I of a two-part series on the intersection between social media advertising and the lesser known portion of commercial general liability (“CGL”) policies—the illusive “Coverage B.” This first part will provide a brief overview of the prevalence of social media in today’s society and types of advertising found in the social […]

Securing Coverage for Wrongful Termination

Employers can be subject to a wide array of employment-related claims and often purchase employment practices liability insurance (EPLI) to ensure that they have broad coverage if and when they face such claims. For example, employers that purchase EPLI would expect that their insurer would provide coverage for any wrongful termination or retaliation claims that […]

Delaware AG Can Pursue Fraud Claims Against Opioid Makers

Law360 — Delaware can move ahead with a case calling out drug manufacturers for downplaying the addictive nature of opioids, the state’s Superior Court ruled Monday, though it cut out claims against two major pharmacy chains as well as accusations of civil conspiracy. The Superior Court refused motions to dismiss claims of consumer fraud and […]

Gilbert LLP Launches New Website

WASHINGTON, D.C. – Gilbert LLP announced today that it has launched www.GilbertLegal.com, a savvy new website that presents Gilbert’s mission, its attorneys, and the services it offers clients on an innovative digital platform. “Gilbert lawyers bring insight and innovation to every problem we confront,” said Scott Gilbert, founder and Chairman of Gilbert LLP. “Our clients […]

Duke Energy, insurers mull settlement of $600M coal-ash liability suit

Charlotte Business Journal By John Downey Duke Energy and some two dozen insurance companies are negotiating a possibility of what could be a $600 million lawsuit over coal-ash liability and won a four-month stay of the case on Wednesday to give them time to see if the case can be worked out. Lead attorneys for […]

The Opioid Crisis Costs Billions. Will Insurance Pay For It? (Part 1)

There is an opioid crisis plaguing the United States. Millions of Americans are addicted, and tens of thousands die annually from overdoses. Nationally, the number of people who take prescription opioids for non-medical purposes is greater than the number who use cocaine, heroin, and hallucinogens combined. To address this problem, hundreds of governmental entities have […]

Gilbert LLP Announces Selection of Jenna Hudson as New Firm Partner

Gilbert LLP announced today that it has named Jenna Hudson to the firm’s partnership effective January 1, 2019. Hudson has been with the firm since 2010. “We are thrilled to have Jenna join our growing partnership,” said firm founder Scott Gilbert. “She has demonstrated superb legal skills, potent strategic insight, and great leadership potential during […]

Rick Leveridge Joins Gilbert

Rick Leveridge has been practicing law for over 35 years.

Gilbert LLP Ranked in Top Tier by U.S. News & World Report

Gilbert LLP has been ranked in the top tier of insurance law firms in Washington, DC by U.S. News & World Report’s 2019 Best Law Firms.

Excess D&O In Del.: A Safe Forum For Exhaustion Disputes

Over the past decade, excess D&O insurers have become increasingly aggressive in denying coverage when a policyholder settles with one or more underlying insurers for less than full policy limits. These denials are generally based on a line of cases holding that exhaustion language found in many excess D&O policies requires payment of full limits […]

Confronting D&O Insurers’ Efforts To Carve Back Subpoena Coverage

Whether a government subpoena constitutes a “claim” is a frequently contested issue between D&O insurers and their policyholders. D&O policies (at least with respect to coverage for private companies and individual insureds at any company) typically define “claim” through multiple subparagraphs: first, a broad and generalized subparagraph that usually references a “written demand for monetary […]

How To Deal With Insurers’ Litigation Management Guidelines

Insurers have broad obligations to defend claims against their policyholders. However, as policyholders quickly learn when facing a claim, insurers often seek to limit these obligations through a wide array of tactics. One common tactic is to insist that attorneys defending a policyholder must comply with guidelines issued by the insurer. These guidelines — often […]

U.S. District Court Grants American Held Prisoner in Iran $63 million

Judge Ellen Huvelle of the U.S. District Court for the District of Columbia has granted the motion of Amir Hekmati, an American held prisoner in Iran, for default against the Islamic Republic of Iran and awarded Mr. Hekmati over $63 million in compensatory, economic and punitive damages.

Standard Insurance Policy May Cover Government Subpoena

Responding to a government subpoena presents unique and significant challenges for in-house counsel. Government agencies often wield broad subpoena powers and may demand reams of information with minimal explanation. And many state and federal regulators have recently become more aggressive than ever in issuing and pursuing subpoenas. In this context, the expensive work of responding […]

Is a Sealed Lawsuit a “Claim”? Insurance Coverage Issues for Qui Tam Actions

A critical coverage issue under “claims made” liability insurance policies-which typically cover only claims made against a policyholder and noticed to an insurance carrier during the applicable policy period ( or shortly thereafter)-is determining when a matter becomes a “claim” and when that claim was first “made.” While these may sound like straightforward determinations, they […]

Employing Insurance to Protect You From Wage & Hour Suits in Light of Updated Regulations

In 2014, we reported that wage and hour lawsuits—claims in which employees and companies dispute the amount owed to an employee or class of employees for overtime work—had increased 432 percent over the last two decades. Unfortunately for companies, the trend continues. According to Norton Rose Fulbright’s 2015 benchmarking survey, labor and employment suits were […]

Foregone Conclusion: Insurers Hire Lawyers To Deny Big Claims Before Evaluating Them

Insurers increasingly are using law firms rather than traditional in-house personnel as claim handlers, particularly on major claims by business insureds. Insureds are negatively impacted in two significant ways. First, law firms tend to be very aggressive about denying coverage claims, which is perhaps not surprising given their ethical obligation to be “zealous advocates.” Second, […]

A Comprehensive Look at Potential Drone Related Liability and Insurance Coverage Implications

In May, I posted an article regarding the burgeoning use of commercial drones and potential liability associated with state enacted privacy legislation.  The popularity of that post, coupled with my interest in both drones and insurance, lead me to think about what other potential drone associated liability exists, and how those liabilities relate to insurance […]

No Special Privileges

Insurers increasingly are using law firms rather than traditional in-house personnel as claim handlers, particularly on major claims by business insureds. Insureds are impacted in two significant ways. First, law firms tend to be quite aggressive about denying coverage claims, which is perhaps not surprising given their ethical obligation to be “zealous advocates.” Second, in […]

Don’t Let Pre-Notice Defense Costs Get Away

When a policyholder first learns that they are facing litigation (or any third-party claim), they are immediately confronted with many pressing concerns.  The primary concern is mounting a robust defense against the new claim.  In such circumstances, it is unsurprising that a policyholder sometimes incurs defense costs before they can provide notice of the claim […]

Website Immunity Under the Communications Decency Act

To encourage the growth of the internet, the Communications Decency Act immunizes companies that host content from liability for that content. However, recent caselaw confirms that this immunity is not boundless. Accordingly, counsel for both website operators and those seeking redress for website content should keep an eye on how the caselaw in this area […]

If Robo-Cars Are Perfect, Why Will They Raise Your Insurance Premiums?

The Wall Street Journal recently ran a column centered on a surprising statistic:  Self-driving cars, though perfect, get into more accidents on average than human drivers.  It turns out that self-driving cars have worse accident rates than every category of human driver except young and elderly drivers.  The reason?  Self-driving cars adhere meticulously to the […]

As Drones Hit the Sky, Lawsuits Predicted to Fly

The rise of Unmanned Aerial Vehicles (“UAV”), also known as drones, is well-documented.  In fact, the global market for non-military drones has recently been estimated as a $2.5 billion industry that is growing at approximately 15 to 20 percent annually.  See Clay Dillow, Get Ready for ‘Drone Nation,’ Fortune, Oct. 27, 2014.  Companies large and […]

President Obama Signs Bill Extending Federal Terrorism Reinsurance Program

Born out of the September 11, 2001 terrorist attacks, on November 26, 2002, President George W. Bush signed into law the Terrorism Risk Insurance Act (“TRIA”).  Originally set to expire on December 31, 2005, Congress twice previously extended TRIA, first in December 2005 and again in December 2007.  Despite passage of bipartisan bills in both […]

Have Some Insurers Lost the Forest for the Trees?

The value of confidentiality in settlement negotiations can hardly be disputed. Parties routinely require it, the Federal Rules of Civil Procedure protect it, and it is standard in formal negotiations such as mediations. But in addition to seeking to protect the negotiations themselves and concessions that the parties may have made to reach a resolution, […]

Not By “Any Manner” Of Means: Securing Cyber-Crime Coverage After Zurich v. Sony

Much has been written about the New York Supreme Court’s landmark ruling in Zurich American Insurance Co. v. Sony Corp., Index. No. 651982/2011 (N.Y. Supr. Ct. Feb. 21, 2014), in which a New York trial court denied coverage to Sony Corporation for liabilities stemming from a 2011 cyber-attack on its PlayStation Network. The court held […]

Wage and Hour Claims: A Look Back on The First Half of 2014

As the mid-point of 2014 fades into the rearview mirror, it is clear that wage and hour claims continue to be a hotbed of litigation impacting large and small companies across industries.  In turn the protection those companies can receive, or fail to receive, from their insurers for these claims, remains an important area of […]

$2.9 Million Jury Award For Texas Fracking Claim: Lessons for Energy Company Risk Managers

A jury in Dallas recently awarded $2.9 million to a Texas family in one of the first trials involving allegations that hydraulic fracturing caused nearby residents to suffer health problems and property damage.  Although commentators were quick to point out that there was no evidence that fracking actually caused the plaintiffs any injury, the jury’s […]

There is No Need To Be Alarmed By Alarmist Readings of New York’s Most Recent Ruling On Waiver of Notice Defenses

The New York Court of Appeals recently reversed and remanded a lower court’s ruling that insurers had waived their late notice defense by not raising the defense until years after they first received notice of a pollution remediation claim.  Although some have interpreted this decision as a near-death knell to coverage for pollution remediation claims […]

The False Conception That FCA Claims Are Not Covered

In 2013, the United States Department of Justice recovered $3.8 billion under the False Claims Act (“FCA”), bringing the total amount secured by the Justice Department since 2009 to $17 billion.  Whistleblowers recovered another $345 million last year.  These recoveries came in a wide variety of circumstances and from companies in multiple industries, including pharmaceutical […]

Redbox Covers the Nation with Red Box DVD Rental Units, But its CGL Policy Doesn’t Cover Redbox

Companies facing liability for possible violations of privacy protection statutes are continuing to look to their traditional commercial general liability policies (“CGL”) for coverage.  But, as Redbox recently discovered, coverage for privacy issues remains a case-by-case question.  In its recent CGL coverage dispute, Redbox argued that coverage for an alleged privacy violation was available under […]

Despite Often Presumed Limitations, Policyholders May Have General Liability Coverage for Supply Chain-Related Breaches of Contract and Damages That Result in Recall

The Eighth Circuit recently confirmed that the all-too-common conceptions that breaches of contract and damages that result in recall are never covered by general liability insurance are, in fact, misconceptions. In Netherlands Insurance Co. v. Main Street Ingredients, LLC, 2014 WL 1012793 (8th Cir. Mar. 18, 2014), the policyholder, Main Street Ingredients, LLC (“Main Street”) […]

What Do You Get When You Cross March Madness With Insurance?

A chance to win one billion dollars.  Quicken Loans and Berkshire Hathaway recently announced that they are teaming up to award one billion dollars to be shared by persons who correctly predict the winners of every game in this year’s men’s college basketball tournament.  Quicken is running the competition and paying Berkshire Hathaway an undisclosed […]

Given Proliferating Wage & Hour Claims, Specialized Insurance an Important Consideration for Employers

Given a dramatic increase in both the number of wage and hour lawsuits and the average cost to employers to resolve one—$4.5 million—a little prevention could be worth at least a pound of cure in this area, Kami Quinn and Jason Rubinstein say in this BNA Insights article. They note that filings of collective wage and […]

Insurance by Number

Jurist and law professor Richard Posner recently commented on a common problem among lawyers, namely, that they believe they have a “math block.”  Jackson v. Pollion, 733 F.3d 786, 788 (7th Cir. 2013).  More recently, Judge and Mediator Wayne D. Brazil noted that even sophisticated risk analysts “cannot reliably determine the ‘discounted settlement value’ of […]

Three Tricks That Make Negotiations Work

The Forbes Leadership Forum recently published Gilbert LLP Partner Richard Shore’s article on “Three Tricks That Make Negotiations Work“ – don’t look at the person who is talking, look at the people who are listening; eat, drink, and be merry; and channel your inner Seinfeld. Earlier, Forbes published Richard’s article on “Four Tricks That Make […]

Delaware Decision Makes It Increasingly Difficult for Insurers to Evade Coverage for Dissolved Corporations

Can an injured plaintiff obtain compensation from a dissolved company with unexhausted insurance policies and force the insurer to pay? The Delaware Supreme Court says yes—in certain circumstances. On November 26, 2013, the Delaware Supreme Court issued a ruling with significant implications for insurers, policyholders, and creditors of dissolved corporations when it held that injured […]

Texas Supreme Court Rejects Insurer Expansion of Limited Exclusion for Liability Assumed by Contract, Compelling Insurer to Defend Construction Defect Dispute

In a highly anticipated ruling earlier this month, the Texas Supreme Court rejected Amerisure Insurance Company’s attempt to radically expand the scope of a common exclusion for liability assumed by contract found in many comprehensive general liability insurance policies.  See Ewing Constr. Co., Inc. v. Amerisure Ins. Co., No. 12-0661, 2014 WL 185035 (Tex. Jan. […]

How Insurance Works with Labeling and Duty-to-Warn Lawsuits

Food processors can use existing and new insurance policies in cases involving alleged violations of Prop 65 Labeling and duty-to-warn cases continue to emerge as a key area of risk for food and beverage companies. In light of this trend, food and beverage companies should make certain that they understand the nature of these potential […]

Lessons from a Recent Wage & Hour Ruling

Wage and hour lawsuits continue to rise and it is clear that they are here to stay.  See, e.g., Andrew Ramonas, US Chamber Warns:  Wage-and-Hour Litigation on the Rise, Corporate Counsel (October 23, 2013) (noting that settlements of wage and hour claims totaled $467 million during the past year). In our prior blog entries of we […]

Insurers Cannot Avoid Coverage Obligations Based on a “Technicality”

The Colorado Court of Appeals recently reiterated that insurers cannot escape their coverage obligations based on “technicalit[ies]” that do not prejudice the insurer.  See Stresscon Corp. v. Travelers Prop. Cas. Co. of Am., 2013 COA 131, Nos. 11CA1239 & 11CA1582 (Colo. App. Sept. 12, 2013).  Such “technicalit[ies]” long have included a policyholder’s failure to notify […]

Second Circuit Weighs in on D&O Excess Coverage

A hot topic in the world of directors and officers liability insurance is the application and interpretation of excess coverage.  We discuss Ali v. Federal Insurance Co., a recent Second Circuit decision involving this issue, in the following case note published by the American Bar Association Section of Litigaiton: Insurance Coverage published on September 12, 2013. A recent hot […]

Recent Ruling Highlights Inconsistent Conclusions Regarding Number of Occurrences by Courts Applying the “Cause” Test

It’s a disturbingly common situation.  A youth gets access to the family gun and, accidentally or otherwise, kills or injures one or more people.  The victims (or their survivors) sue the family of the shooter, arguing that family members were negligent in failing to secure the weapon – particularly in cases where there were clear […]

Broken Records – Addressing Insurers’ Improper Attempts to Evade Their Discovery Obligations Based on Their Own Poor Record Keeping Systems

The scope of discovery is a hotly contested issue in many insurance coverage disputes. Discovery is an insured’s opportunity to gather information to support its coverage claims, test an insurer’s positions, and respond to an insurer’s defenses.  Some of the most valuable information an insured can gather during discovery concerns an insurer’s handling of similar […]

West Virginia Reverses Course to Expand Coverage

In the construction industry, small defects in workmanship can result in dramatic losses.  For example, water damage losses arising from an improperly installed bathtub could be many times the cost of installing the tub in the first place.  Some states hold that defective workmanship is not covered by comprehensive general liability (“CGL”) insurance policies, because […]

Déjà Vu All Over Again: Insurers Argue That Below-Limits Settlements With Underlying Insurers Negate Excess Coverage

If an insured faces liability that demonstrably exceeds the limits of underlying insurance, can an excess insurer avoid its coverage obligations because underlying insurers have not actually paid their limits of liability?  Common sense says no.  But insurance industry bloggers, citing the recent decision by the Second Circuit in Ali v. Federal Insurance Co., No. […]

The “Non-Cumulation” Clause: Another Attempt by Insurers to Escape Coverage Obligations

Imagine the following scenario:  your company faces thousands of lawsuits because, years ago, it produced a product that people now say is dangerous.  As the claims quickly burn through your primary liability coverage, you turn to your excess insurance company for help.  They decline coverage.  Puzzled, since you’ve always been timely with your insurance premiums, […]

Recent Decisions Regarding Duty to Warn Could Have Impact on Insurance Coverage

When we hear news of developments in the world of torts that could expand areas of potential liability, we naturally think about whether insurance is likely to respond to that liability. One area that has us thinking these days is the evolving law regarding the “duty to warn.” Recently, some courts have suggested that a […]

A Recent Development in “Wage and Hour” Insurance

In our August 1, 2012 blog entry titled “Insurance Coverage for Wage and Hour Litigation Claims,” we discussed the recent surge in wage and hour litigation and the potential for insurance coverage related to wage and hour lawsuits under employment practices liability (“EPL”) and directors and officers (“D&O”) insurance policies.  Therein, we also discussed the […]

Is Your D&O Policy Bankrupt-Ready? 10 Underwriting Tips To Protect Your Directors and Officers

Protection of the personal assets of board members and c-suit corporate officers through indemnification and insurance is a challenge for financially troubled companies seeking to retain and hire the best people to help navigate the difficult business climate.  SEC and FDIC regulators, among others, have made it clear that they will be increasing scrutiny of […]

Risk-Management Mechanisms Associated With Gluten Allergies

Approximately 1% of the United States population is allergic to gluten, a protein found in wheat, barley, and rye.  For these individuals, gluten consumption may result in vomiting, bloating, anemia, osteoporosis, diabetes, and even intestinal cancer.  As more consumers discover that they have gluten allergies, they have become more mindful of which foods are naturally […]

How to Avoid Turning a Settlement with Your Primary Insurer Into a “Get Out of Jail Free” Card for Your Excess Insurer – The Qualcomm Dilemma

Imagine for a moment that you have two customers, Diane and George. Diane and George each owe you money for products they have purchased.  Each of them raises some concerns about the bill.  Being a wise business owner, you assess your likelihood of collection. Due to some concerns about Diane’s ultimate ability to pay, you […]

Substance Over Form: Insurance Notice Requirements Are Met When An Insurer Has Notice From Any Source

Insurers frequently attempt to avoid their coverage obligations by contending that their insureds provided late notice of claims or occurrences. Most jurisdictions follow the commonsense rule that insurers cannot defeat coverage based on allegedly late notice unless they demonstrate that they suffered significant prejudice as a result — which insurers rarely can do.  See, e.g., […]

Illinois Appeals Court Reaffirms Zurich v. Raymark, Strengthens All Sums Precedent Under Illinois Law

In a significant victory for policyholders, the Illinois Appellate Court reversed a trial court decision that John Crane, Inc. (“Crane”) had no excess coverage for asbestos bodily injury claims.  By so ruling, the appeals court clarified Illinois law on the key issues of exhaustion, trigger and allocation.  John Crane v. Admiral Ins. Co., 2013 IL […]

Court Affirms that Medical Science Supports “Continuous” Asbestos Trigger

In the recent Plant Insulation case, a California court addressed the evolution of the medical science behind the “continuous” asbestos trigger. Our firm recently considered precisely this issue in the article Unsettling the Asbestos Dust, recently published in BNA Insights.  Based on new medical evidence, insurers have argued that injuries under their policies do not […]

Four Non-Traditional Mediation and Negotiation Strategies

If your company or organization finds itself engaged in litigation, chances are that the dispute will be resolved in a conference room rather than a courtroom.  Most lawsuits settle before judgment, and in-house counsel increasingly are turning to mediation — negotiation assisted by a third-party facilitator — to resolve their clients’ disputes.  They hope mediation […]

Sixth Circuit Rules in Favor of Asbestos-Containing Product Manufacturer-Policyholders

Comprehensive general liability policies limit the amount the insurer has to pay for each “occurrence”, which is typically defined as an “accident” or “exposure to [injurious] conditions”.  Insurers and policyholders frequently battle over the number of occurrences that result from asbestos lawsuits and other toxic-tort claims. Miriam Smolen, a partner at Gilbert LLP, recently won […]

Rise in Food Contamination Calls for Proactive Risk Management in 2013

Despite improvements in food safety over the last two decades, 2012 saw no shortage of recalls due to food contamination. For example, one Indiana farm recalled all cantaloupes from its 2012 growing season after the fruit was linked to an outbreak of salmonella that killed three and sickened hundreds. Another salmonella outbreak caused health officials […]

Skirmishes Over Use of Social Media in Litigation Continue to Intensify

Since our prior two posts on the issue, there have been several developments showing that questions about the proper use of social media in litigation continue to abound. These developments demonstrate that practitioners who fail to stay on top of the latest developments in this area – both in terms of the potential appropriate and […]

Ten Things Every Company Needs To Know About Insurance Coverage For Superstorm Sandy

There is a good chance you have coverage.  There is a good chance that affected companies have insurance for some or all of the property damage, loss of profits, and expenses resulting from Superstorm Sandy. Your policies may cover flood damage. Many business property policies cover both flood and wind damage, sometimes subject to special […]

Insurance Coverage for Wage & Hour Claims Arising Out of Superstorm Sandy

Although the full scope of Superstorm Sandy’s financial impact will not be known for some time, there is little debate that Sandy will go down in history as one of the nation’s most costly natural disasters.  In fact, many experts already estimate total losses in excess of fifty billion dollars. In the aftermath of Sandy, […]

Protecting Your Bottom Line from the Cost of National Association of Securities Dealers and FINRA Investigations

When self-regulatory organizations (“SRO”), such as the Financial Industry Regulatory Authority (“FINRA”), commence an investigation or proceeding, member firms are typically concerned with the financial impact that both the defense costs and any ultimate payment obligation will have on their bottom line.  With the United States Second Circuit Court of Appeal’s decision in Fiero v. […]

Recent Ethics Charges Against Attorneys Demonstrate Need for Full Understanding of “Do’s and Don’ts” of Using Social Media As Litigation Tool

As we discussed in an earlier post regarding the use of social media to research potential jurors, the information available through social media can be a potent litigation tool.  Indeed, far from being limited to a juror-research device, practitioners in the insurance realm and beyond are now using social media sites as a potential source […]

Insurance Coverage for Wage and Hour Litigation Claims

There has been a surge in wage and hour litigation recently, and it has been getting a lot of attention.  See, e.g., M. Huisman, Seyfarth Shaw Study Shows Increase in Wage and Hour Labor Suits, Corporate Counselor (July 27, 2012); J. Segal, The New Workplace Revolution: Wage and Hour Lawsuits, CNNMoney (May 29, 2012).  This […]

Four Tricks That Make Mediation Work

In an article just published in the Forbes Leadership Forum, I outline four counterintuitive strategies that harness the strengths of mediation rather than treating it as litigation light: 1.  Let the other side pick the mediator – agreeing to a mediator the other side likes can work in your favor, and save time and money […]

Fracking Risk and the Nationwide Underwriting Guidelines

Nationwide Mutual Insurance Co. made headlines in the ongoing debate over hydraulic fracturing earlier this month, declaring that it won’t cover damage related to the controversial drilling process. Hydraulic fracturing, commonly referred to as “fracking,” is a process in which a mixture of water, sand, and chemicals is injected into a drilling well at high […]

Companies With Formaldehyde Risks Should Consider Insurance Issues Sooner, Not Later

In June 2011, the U.S. Department of Health and Human Services released a report identifying formaldehyde as a “known carcinogen” with possible ties to leukemia. Commentators have speculated that this development may spur a wave of toxic tort litigation. Formaldehyde is used in a wide variety of products, including building materials, adhesives, fabrics and beauty […]

How Far Can Lawyers Go in Researching Jurors on Social Media Sites?

As in any case, a favorable jury can be a key component to success in an insurance coverage trial. Selecting a sympathetic jury, however, is no easy task. Historically, jury selection has been akin to a guessing game, as practitioners have relied largely upon jury questionnaires or brief interviews during voir dire to glean information […]