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Herrick, Feinstein LLP
In today's modern world, data breaches are a fact of life. Last month, Home Depot confirmed that hackers broke into its payment systems and stole debit and credit card data for more than 40 million customers.
A federal court denied a professional liability insurer’s motion to dismiss a coverage dispute over a $3.5 million payment the policyholder-bank made.
Protecting a company against data breaches requires not only measures to prevent the adverse cyber event, but also adequate insurance to minimize the financial impact should such an event occur.
Insurance companies are having some success in court discouraging settlements—no matter how reasonable—between policyholders and lower-layer insurance companies.
Ebola has become a worldwide crisis. It has ravaged Liberia and other West African countries. It has been diagnosed in Europe. And, cases are now being reported in the United States.
The duty to cooperate means keeping and turning over pertinent documents and doing so as soon as possible.
Proskauer Rose LLP
Companies that do business with the federal government, or whose business transactions otherwise involve payments by the government, undoubtedly understand the exposure they face to "whistleblower" or "Qui Tam" lawsuits brought by private individuals on behalf of the government alleging fraud under the False Claims Act.
Bradley Arant Boult Cummings LLP
The determination of when an insurer pays defense costs turns on whether the E&O policy is an indemnity or a liability policy.