All Articles

Insurance

Targeted Discovery in Arbitration Disputes Involving Representations and Warranties Insurance

As mergers and acquisitions worldwide exceed $3 trillion annually, the market for representations and warranties insurance has accelerated. The insurance is designed to protect against the breach of a representation or warranty in an M&A transaction, and is seen as a way to facilitate...

Read More

Insurance

New GDPR Law Triggers New Risks – and a Panoply of Coverage Issues

Daniel J. Healy of Anderson Kill's cyber insurance recovery practice sorts out the complex coverage issues raised by the EU's General Data Protection Regulation. GDPR, the European Union's General Data Protection Regulation, has arrived with much ado. So far, however, there has...

Read More

Alternative Dispute Resolution (ADR)

Supreme Court Upholds Employers’ Mandatory Arbitration Agreements Barring Class Actions

On May 21, 2018, the Supreme Court handed down a pivotal decision in the arena of employment law, ending the uncertainty over the enforceability of mandatory arbitration agreements barring class actions. The Supreme Court ruled that an employee who enters into an arbitration agreement...

Read More

Investigations

Faced with a #MeToo Claim? Hire an Outside Investigator

The #MeToo movement has changed the framework for companies faced with sexual harassment claims. The revelations of 2017 have unleashed a flood of internal and external complaints of sexual harassment and sexual hostile work environments. Companies need to develop new rapid-response reflexes. In...

Read More

Litigation

Battle Lines Drawn Over Coverage For Opioid Litigation

Opioid producers and distributors have turned to their insurance companies for relief from litigation, triggering a fierce fight. The pharmaceutical industry is under siege by opioid litigation. Opioid producers and distributors are the targets of dozens of suits brought by states and...

Read More

Insurance Coverage & Recovery

Tide Turns on Phantom Exclusion

“Final adjudication” undermines the insurance industry’s disgorgement defense.  For decades, the protection provided by directors and officers (D&O) and errors and omissions (E&O) professional liability insurance policies has been weakened by insurance companies...

Read More

Labor & Employment

Managing the Risk of Employee Claims

The #MeToo movement has naturally caused many companies to make greater efforts to prevent and police sexual harassment in the workplace. Protecting employees from any form of sexual misconduct, harassment and even violence should undoubtedly be the primary goal of these efforts. Even so, there...

Read More