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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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Insurance Coverage & Recovery

E&O Goes In-House: Employed Lawyers Professional (ELP) liability coverage may help to protect corporate counsel

Attorneys understand that every job and client brings with it the potential for great reward . . . and the possibility of a lawsuit. As such, law firms and solo practitioners purchase professional liability insurance coverage, also known as errors and omissions (E&O) or legal malpractice...

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Cybersecurity

When It Comes to Cyberinsurance, Buyer Beware: 10 tips for upping recovery odds from cyber and D&O policies

While the risks posed by data breaches are by now widely recognized, effective management of the risk is lagging. Statistics indicate that concern about data breaches is up, yet half of all businesses have no plans to dedicate more resources to avert these perils. The purchase of dedicated...

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Alternative Dispute Resolution (ADR)

The More the Merrier? Increase in multiparty arbitrations spawns new institutional rules

Over the last several years, the world’s leading arbitral institutions have adopted new rules, recognizing that the growth in international arbitration has been accompanied by the increasing complexity and sophistication of disputes.  Institutional statistics reveal increases in...

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