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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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Cybersecurity

Directors Should Look Beyond Cyber Insurance: Law enforcement officials seek accountability in data breaches and cyber loss

Cyber risks should have directors and officers thinking beyond specialty cyber coverage that covers their companies’ first-party losses and third-party liabilities. Just as cyber risks require input from management outside the IT department, the fallout for improperly managing corporate cyber...

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Energy | Oil & Gas

Deals Considered Bankruptcy-Proof Combust: Uncertainty heightens for midstream gatherers and processors after the Sabine decision

As the oil and gas industry continues to struggle in the face of the ongoing decline of commodity prices, a recent decision of the United States Bankruptcy Court for the Southern District of New York may have offered a glimmer of hope to upstream producers, while creating more uncertainty for...

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Bringing Home the Bacon - Emerging Issues in Food Insurance Law: Understanding the essentials of food contamination insurance

Outbreaks of food contamination, most recently Chipotle’s E. coli outbreak, garner not only media attention but also a flood of class actions, shareholder derivative suits and criminal investigations. Contaminated food has also produced an unprecedented wave of product recalls, some of which...

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What Counsel Must Do to Maximize Insurance Coverage: Insurance policies are complex contracts that require counsel's oversight. Job 1 is to demarcate the broker's role

Insurance policies are complex contracts, often riddled with pitfalls for the policyholder. The pursuit of a claim in the wake of a loss is equally fraught. Yet all too many companies entrust their assets and their very survival to insurance policies that are vetted by neither in-house counsel nor...

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