All Articles

Covering Your Business Against Interruption: Even if a hurricane doesn’t hit your company directly, it can still inflict lasting damage

  While the human suffering triggered by Hurricanes Harvey and Irma unfolded in real time on our TV screens, opening American hearts and wallets and triggering heroic volunteer rescue efforts, the full extent of the economic damage will not be evident for some time. That impact is likely to...

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Insurance Coverage & Recovery

Using Insurance to Transfer Transaction Risks: There are several options, but first you need to analyze those risks

As in-house counsel, imagine that your company is preparing to sign one of the largest transactions of the year, but it faces significant risks in performing under the agreement. These risks could impair your ability to deliver what you promise to do, and might also harm your employees or property...

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Insurance Coverage & Recovery

Policyholders' Hands Are Strengthened When Insurance Companies Refuse to Settle: Appellate decisions on a California case suggest the tables may be turning

A lawsuit of any magnitude can be devastating for your business, whether it manifests its hardship financially or otherwise. The stress of making the right decision for your company’s future can seem insurmountable at times. And just like that, a light at the end of the tunnel: a settlement...

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Where ‘Natural’ Takes on a Whole New Meaning: Courts are waiting for the FDA to define the word for labeling

The term “natural” in the food and beverage industry has long been an effective selling point as U.S. consumers look to live healthier lifestyles. An issue, however, arises when the term is deployed to entice consumers, regardless of whether the product is in fact “natural”...

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Cybersecurity

A Unique Storm Spawns Unique Insurance Issues: In Hurricane Matthew’s Aftermath, Lessons from Superstorm Sandy

While the Southeast United States escaped the worst of feared damage from Hurricane Matthew, the storm did take more than 40 lives in the U.S. and cause extensive power outages, flooded roads and dams, and damage to buildings from Florida to Virginia. It also triggered mass evacuations and closures...

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Corporate Counsel

Yes, Your D&O Policies Cover FCPA Defense: Save your company millions by positioning it to recover insurance proceeds

You are General Counsel of a global manufacturing company and sit down at your desk one morning to find that your company has received letters from the U.S. Department of Justice and the Securities and Exchange Commission. A whistleblower alerted the agencies that improper payments had been made to...

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Gaming | Hospitality

The Right to Settle: Protecting the right to control your case

Every year, hotels are subject to a host of lawsuits, both valid and meritless, from guests who claim to have suffered an on-premises injury. The defense of such cases can be extremely expensive, and most hotels accordingly purchase commercial general liability (CGL) insurance so that if they are...

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