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Publications

May 2017
California Supreme Court Clarifies Rest Day Rules
May 2017
American Bar Association Debuts Third Edition of "Reorganizing Failing Businesses" Co-Edited by Gordon & Rees Megan M. Adeyemo
Apr 2017
Law 360 Publishes Gordon & Rees Attorney Katharine Thompson’s Article "Defining Occurrences For Sexual Abuse Cases"
Mar 2017
Ninth Circuit Applies Diamond Heights Framework to Excess Insurer’s Duty to Settle Under California Law
Mar 2017
New York Team Publishes Article on New York State Employers Facing Increase in Minimum Wage and Exempt Employee Threshold in DRI’s The Job Description
Mar 2017
D.C. Council Approves Expansive Paid Family and Medical Leave
Mar 2017
City of Chicago, Cook County Require Paid Sick Leave for Employees
Mar 2017
Washington Supreme Court Holds that Insurance Fair Conduct Act is Only Applicable where there has been a Denial of Coverage as Opposed to a Violation of Insurance Regulations
Mar 2017
Construction Law Update
Mar 2017
Gordon & Rees Austin Associate Authors Article Published in DRI RX for the Defense
Feb 2017
Quantum Meruit Recovery Is Alive, But Don’t Rely On It
Feb 2017
A Cautionary Tale to Subcontractors Opting for Unapproved Counsel in Construction Defect Cases in Florida
Feb 2017
When is it Unreasonable for a General Contractor to Rely on A Subcontractor’s Bid?
Feb 2017
Gordon & Rees New York Team Authors Article on Addressing Issues of Workplace Violence
Jan 2017
No “Occurrence” Found Where Contractor Intentionally Performed Defective Work With The Hope It Would Not Cause Property Damage
Jan 2017
Court of Appeal Limits Exception To “Going and Coming Rule” To The Benefit Of California Employers
Jan 2017
Supreme Court to Resolve Circuit Dispute Regarding Validity of Class Action Waivers
Dec 2016
"On Call" Rest Breaks Do Not Satisfy the Rest Break Requirement Under Labor Code 226.7 or Wage Order 4, subd. 12(A)
Dec 2016
Seventh Circuit Dismisses FACTA Putative Class Action for Lack of Standing Under Spokeo
Dec 2016
American Bankruptcy Institute Journal Publishes Article by Partner Jacob Cohn as Lead Cover Article in December 2016 Issue
Dec 2016
Supreme Court Holds Illegal Tipping Does Not Require Financial Gain
Dec 2016
Your Summary of Arizona’s New Minimum Wage and Paid Sick Leave Law
Dec 2016
Construction Law Update
Nov 2016
New Texas Net Worth Rule Provides Defendants with More Protection
Nov 2016
Partner Jay Gregory Authors Article on Use of Surveillance Systems in Connection with Sale of Residential Property
Nov 2016
$54 Million Verdict Against Wal-Mart Illustrates Dangers of Using Flawed Piece-Rate Compensation System
Nov 2016
Gordon & Rees Partner William A. Ruskin’s Expertise Highlighted in BNA Toxics Law Reporter Article on Fracking Litigation
Nov 2016
Federal District Court Halts Overtime Rule Change
Nov 2016
Growing Like Weeds: How Employers Should Respond As More States Legalize Marijuana
Nov 2016
New California Legislation for Employers: All Gender Restrooms, Background Checks & Retirement Plans
Nov 2016
Colorado Approves Proposition 106 "End of Life Options" Measure
Nov 2016
Employer Analysis of Pay Data is a Critical Risk Avoidance Tool
Nov 2016
Federal Salary Threshold for Exempt Employees to Increase on December 1, 2016
Oct 2016
Connecticut Insurance Team Publishes Article "Ill-Gotten Gains: Policy Language and Public Policy" in DRI’s In-House Defense Quarterly
Sep 2016
Employment Counsel: Inaccurate Wage Statements Remain a Significant Area of Liability for California Employers
Sep 2016
New FINRA Rules Create "Capital Acquisition Brokers"
Sep 2016
Gordon & Rees Austin Partner Jeffrey Lilly Published in Defense Counsel Training Manual
Sep 2016
New Illinois Law Renders Illegal and Void Non-Competition Agreements for Low-Wage Employees
Sep 2016
Ninth Circuit Holds Financial Conflict Required Skepticism and Reverses Summary Judgment for Insurer
Sep 2016
Construction Law Update
Aug 2016
New York Partner William Ruskin’s Expert Analysis Article Featured in Law360
Aug 2016
White-Collar Exemptions and the Impact on Construction
Aug 2016
New Jersey Supreme Court Decides Developer/General Contractor’s CGL Policy Covers Damages Arising from Subcontractors’ Faulty Workmanship
Aug 2016
EU-US Privacy Shield – How to Opt In and Self Certify
Aug 2016
Bad Faith and Elder Abuse Claims Barred by Genuine Dispute Over Cause of Damage
Aug 2016
Insurer’s Unreasonable Refusal to Settle Obligated It to a Stipulated Judgment in Excess of Policy Limits
Aug 2016
Are Your Nevada Noncompete Agreements Now Invalid?
Aug 2016
California Supreme Court Makes Anti-SLAPP Motion Stronger Weapon for Defendants
Aug 2016
San Diego’s Paid Sick Leave Ordinance is Amended
Jul 2016
Get Your Pokémon Off My Lawn!
Jul 2016
Gordon & Rees’s Jason Meyer and Jeffrey Herman Author Daily Journal Article on the Impacts of Marijuana Laws on Employment
Jul 2016
Massachusetts Declares Drought
Jun 2016
Voters Approve “City of San Diego Earned Sick Leave and Minimum Wage Ordinance”
Jun 2016
California Supreme Court Holds that Brandt Fees Are Part of Compensatory Damages to be Assessed for Constitutionality of Punitive Damages Awards
Jun 2016
Los Angeles Enacts New Paid Sick Leave Ordinance
Jun 2016
EEOC Requires Workplace Translation
Jun 2016
Chicago Federal Appellate Court Rules Employer-Employee Agreements That Require Mandatory Individual Arbitration are Unlawful
Jun 2016
Construction Law Update
May 2016
Notice Requirements for Employers Under The Defense of Trade Secrets Act
May 2016
Florida Federal Court Bars Coverage Under “Your Work” Exception
May 2016
Federal Government Must Timely Issue Final Decisions on Contractor Claims or Risk an Appeal
May 2016
What Happens When You Mix the Real Estate Crash Of 2008?
May 2016
Sustainable Construction: Too Good to Be True?
May 2016
New Rules to Make Millions Eligible for Overtime: What Employers Need to Know
May 2016
The Defense of Trade Secrets Act: Key Takeaways and Recommendations for Businesses
May 2016
Gordon & Rees’s Molly Jones Authors Daily Journal Article on California Craft Distillers Act
May 2016
Connecticut Supreme Court Clarifies Standard for Determining Whether a Product Is “Unreasonably Dangerous” and Therefore Defective by Holding That the Modified Consumer Expectation Test Is the “Primary Strict Product Liability Test”
May 2016
Insurance Companies Held Liable as Real Parties in Interest After Unsuccessfully Prosecuting Action Under Assigned Contract with Attorneys’ Fees Provision
May 2016
Parent Company Lacks Standing to Bring Declaratory Relief Action Against Subsidiary’s Insurer
Apr 2016
San Francisco Associate Amber Eklof’s Article Published in DRI’s The Job Description Newsletter
Apr 2016
Certain Underwriters at Lloyds, London v. Arch Specialty Insurance Co.
Apr 2016
Chicago Partner Craig Jacobson Co-Authors ABA Property Insurance Article
Apr 2016
New York State 2016-2017 Budget Deal: What ALL Employers Need to Know
Mar 2016
California Employment Regulations Mandate that Harassment and Discrimination Prevention Policies Be Put In Writing
Mar 2016
U.S. Supreme Court: ERISA Reporting Decisions are the Responsibility of Federal Government, Not States
Mar 2016
Construction Law Update
Feb 2016
Curbing Limitless Liability for Engineers
Feb 2016
The Only Thing Clear about Nevada Mechanic’s Lien Priority Is That the Lien Claimant Will Likely Get His Day in Court
Feb 2016
Doctrine of Superior Equities Does Not Bar Assignment of Claim against Insurance Broker
Feb 2016
Gordon & Rees Carlsbad Attorney Published in Life Sciences Intellectual Property Review 
Feb 2016
Protecting Trade Secrets
Feb 2016
The FLSA’s New Regulations: Waiting for the Other Shoe to Drop
Feb 2016
The After-Christmas Bonus Blues: Navigating Your Non-Compete Agreement
Feb 2016
CMS Releases Final Rule On Return of Overpayments
Jan 2016
The FLSA’s New Regulations: Waiting for the Other Shoe to Drop
Jan 2016
Equal Access to Websites: Balancing Aesthetics and Accessibility
Jan 2016
Phoenix Attorney Jamie Mayrose’s Article on Economic-Loss Rule Published in ABA Newsletter
Jan 2016
SCOTUS Holds That Unaccepted Rule 68 Settlement Offer Doesn’t Moot Consumer Class Action Lawsuit
Jan 2016
Cost-Shifting in Federal Court Discovery: Where We Are and Where We’ve Been
Jan 2016
Delaney Busch and Kelly Kirby Author Article on Cybersecurity in The Insurance Coverage Law Bulletin
Dec 2015
Attorney’s Fees under the Fair Labor Standards Act: An Ever-Growing Tail
Dec 2015
Construction Law Update
Dec 2015
Constructing a Clearer Path to Lien Recovery For Design Professionals
Dec 2015
Lien On Me – Mechanical Liens And Design Professionals Liens
Nov 2015
Review of New Laws and Regulations Likely to Impact California Employers in 2016
Nov 2015
Joseph Blyskal and Delaney Busch Author ABA Article on Social Media
Nov 2015
DRI Publishes 4th Edition of Insurance Bad Faith
Oct 2015
Chicago Attorney Article on FLSA Rule Proposal Published in Bar Journal
Oct 2015
California’s New Fair Pay Act Provides Greater Protection for Employees in 2016
Oct 2015
Merton Marks’ Article on Bad Faith Published in Industry Magazine
Oct 2015
The California Court of Appeals Broadens Anti-Retaliation Rules for Employers
Oct 2015
Leon Silver Authors Article in the "Take the Lead - The Movement Blog"
Oct 2015
Phoenix Partner’s Article Published in DRI’s In-House Quarterly Magazine
Oct 2015
New Federal E-Discovery Rules Set to Take Effect December 1
Sep 2015
Gordon & Rees Attorneys Author Chapter in Recently Published DRI Book
Sep 2015
Insurer May Not Be Bound by Stipulated Judgment Agreed to by Insured Without Insurer’s Consent
Sep 2015
New York Office Published in Law360 Regarding Title IX and College Athletics
Sep 2015
3rd Circuit Ruling in FTC v. Wyndham Affirms Broad Governmental Authority Under Section 5
Sep 2015
Construction Law Update
Aug 2015
Show Me the 998 Money – Under New California Law, Who Pays the Post-998 Expert Fees and Costs is Irrelevant
Aug 2015
A Note from the Field: Sureties Beware of Attempts to Extend the Miller Act’s 1 Year Limitation Period Using the Reaching Back Doctrine
Aug 2015
Increased Regulations and Potential Pitfalls in a Drought State
Aug 2015
Law360 Publishes Article by Leon Silver and Andrew Jacob
Aug 2015
California Supreme Court Overrules Henkel and Holds Insurer Consent Is Not Required For Policy Assignment After Coverage-Triggering Event Has Occurred
Aug 2015
Goli Rahimi Authors CBA Record Article “The Illinois Whistleblower Act: Defending Against a Retaliation Claim”
Aug 2015
Insurer May Seek Reimbursement from Independent Counsel of Excessive Defense Expenses Given Trial Court’s Duty to Defend Order
Aug 2015
Seventh Circuit Holds Unaccepted Offer of Judgment Does Not “Moot” Plaintiff’s Claim
Aug 2015
Arizona Bar Journal Publishes Article by Gordon & Rees Arizona Attorneys
Jul 2015
DRI’s In-House Defense Quarterly Publishes Article By Gordon & Rees’s Dominic Campodonico
Jul 2015
Amendments to California’s Paid Sick Leave Law
Jul 2015
General Liability Insurer Entitled to Subrogate Against its Insured’s Indemnitor
Jul 2015
Ninth Circuit: Amazon’s Customer-Generated Search Function Could Create Trademark Infringement Liability
Jul 2015
Defense Counsel Beware of Forum Non Conveniens Trend
Jul 2015
Major Revisions to California Family Rights Act Regulations – Are You Ready?
Jun 2015
“Ban the Box” Comes to New York City: New Law to Limit and Regulate Employers’ Ability to Consider Criminal Background in Hiring
Jun 2015
Washington Supreme Court Answers the Ninth Circuit Court of Appeals’ Certified Question on the Definition of Collapse as “Substantial Impairment of Structural Integrity”
Jun 2015
California Requires Employers to Provide Paid Sick Leave
Jun 2015
U.S. Supreme Court Rejects One-Size-Fits-All Work Policies
Jun 2015
Construction Law Update
May 2015
Protecting the Intellectual Property of Architectural Works: The Fundamentals of Copyright and Trademark Protection
May 2015
In Oregon, Time (Limitations), They Are A-Changin’
May 2015
The Court of Appeals Clarifies the Purpose of Public Contract Code § 7107 & the Ramifications for Public Entities Violating the Same
May 2015
Gordon & Rees Austin Partner Jeffrey Lilly Co-Authors Article for Inside Counsel
May 2015
The EEOC’s Conciliation Efforts are Judicially Reviewable
May 2015
New Law to Restrict New York City Employers from Considering Credit History
May 2015
The Ninth Circuit Provides Additional Opportunities for Removal after Class Certification
Apr 2015
Craig Jacobson Co-Authors ABA Article on Recent Developments in Property Insurance Law
Apr 2015
Insurer Not Obligated To Cover Claims Arising From Undisclosed Facts Supporting Potential Future Claims
Apr 2015
Gordon & Rees Austin Partner Jeffrey Lilly Co-Authored an Article for Inside Counsel
Apr 2015
The Supreme Court Denies Petition for Writ of Certiorari in Crawford v. LVNV Funding
Apr 2015
“Malicious” Requires Intent to Harm
Apr 2015
Supreme Court Announces New Standard For Pregnancy Discrimination Claims & Rejects EEOC’s 2014 Guidelines On Accommodating Pregnant Workers
Apr 2015
Washington Franchisees Denied Request for Preliminary Injunction from Seattle’s new Minimum Wage Law
Mar 2015
In Highly Watched Case, U.K. Court Allows Google-Safari Consumer Privacy Case to Proceed
Mar 2015
A Win for Home-Builders: Pennsylvania Supreme Court Rules that the Implied Warranty of Habitability Only Applies to Initial Buyer-Resident
Mar 2015
Gordon & Rees Austin Partner Jeffrey Lilly Published in Inside Counsel
Mar 2015
Ronald Giller and Sarah Wieselgren Co-Author Article Published in Franchise Law Journal
Mar 2015
Contamination Products Insurance Does Not Cover Recall of Ingredients Supplied to Insured Manufacturer
Mar 2015
Umbrella Policy Potentially Provides Coverage For Personal Injury Claims Not Arising From An Accident
Mar 2015
Jeffrey Lilly and Bradley Bush Publish Article in IADC Product Liability Newsletter
Feb 2015
Three Gordon & Rees Attorneys Publish Data Breach Litigation Article in National Publication
Feb 2015
Construction Law Update
Feb 2015
Gordon & Rees Austin Partner Jeffrey Lilly Publishes Article in Texas Lawyer
Feb 2015
Economic Loss Rule Impacted by Recent Colorado Supreme Court Decision
Feb 2015
Denial of Summary Judgment Does Not Automatically Establish Duty To Defend
Jan 2015
New Year’s Resolution for 2015: Understand California’s New Employment Laws
Jan 2015
2014 Year End Colorado Employment Law Update
Dec 2014
NLRB Prohibits Employers From Having “Work Only” Email Policies
Dec 2014
Pennsylvania Supreme Court Holds that Statutory Insurance Bad Faith Claims Are Assignable
Dec 2014
Office for Civil Rights (OCR) Enforcement Activity & Audits under HIPAA/HITECH
Dec 2014
AMCOMP Views Publishes Article By Merton Marks
Oct 2014
EEOC Issues New Pregnancy Discrimination Guidance
Oct 2014
CIGA’s Litigation Position in Declaratory Relief Action Was Not a Claim Denial for Statute of Limitations Purposes
Oct 2014
California Governor Vetoes Proposed Anti-Franchisor Legislation
Sep 2014
CGL Policy’s Employment-Related Practices Exclusion Is Unambiguous and Precludes Coverage for Alleged False Imprisonment of Employees
Sep 2014
Gordon & Rees’s Matt Kleiner and Dawn Valentine Author Article in DRI Happenings
Sep 2014
Trial Court Committed Prejudicial Error in Refusing Jury Instruction on Role of Insurance Producer as Agent or Broker
Sep 2014
Asbestos Suits Against Employers Present New Risk for Employer’s Liability Insurers
Aug 2014
California Supreme Court Rejects Attempt to Hold Franchisors Responsible for Franchisee’s Employment Actions
Aug 2014
Construction Law Update
Aug 2014
“Use” of Auto Includes Unloading Passenger
Aug 2014
Connecticut Supreme Court: Insurer Has Standing to Seek Declaration on Fellow Insurers’ Contractual Duties to Defend Mutual Insured
Aug 2014
Limitation of Liability Clause in Pre-2007 Professional Contracts Enforceable
Aug 2014
New and Recently Revisited Florida Law Affecting Construction Disputes and Possible Implications
Aug 2014
What the Frack Is Happening in Illinois? The Concerns With Fracking and the Potential Legal Claims on the Horizon
Jul 2014
What It Takes to Establish Divisible Harm Under CERCLA
Jul 2014
Employers Must Amend Qualified Retirement Plans by Dec. 31 to Comply With DOMA Ruling
Jul 2014
New York State Amends Human Rights Law to Expand Workplace Protections for Interns
Jul 2014
New York High Court Limits Reach of Late Disclaimer Statute, Finding It Applies Only to Death and Bodily Injury Claims
Jul 2014
No Duty to Defend Insureds Against Claims for Conspiracy to Abduct Child Since Conduct Not Accidental
Jul 2014
Insured Adequately Stated Bad-Faith Claim by Alleging Insurer Did Not Investigate Insured’s First-Party Claim Before Demanding Arbitration
Jul 2014
Building Code Violations Requiring Removal Of Nonhazardous Materials Do Not Constitute “Property Damage” Under CGL Policy
Jul 2014
California Supreme Court Holds Principal Architects Owe Duty of Care to Future Homeowners
Jul 2014
California’s July 1 Minimum Wage Increase Affects Wages of Non-Exempt and Exempt Employees
Jul 2014
CGL Coverage for Commercial Disparagement Requires False or Misleading Statement About Specific Product
Jul 2014
Gordon & Rees Philadelphia Partners Author Law Review Article on Tort System and Asbestos Trusts
Jun 2014
Gordon & Rees Partner Jeffrey Lilly Authors Chapter in "Inside the Minds: Navigating Drug and Medical Device Legal Issues”
Jun 2014
California Supreme Court Clarifies Enforceability of Class Action and Representative Waivers in Arbitration Agreements
Jun 2014
Prior Publication Exclusion Negates Duty to Defend Where Similar Advertising Was Published Before and During Policy Period
Jun 2014
Washington’s Insurance Fair Conduct Act Only Applies to First-Party Claims
Jun 2014
Agency Action Must Be Adversarial or Coercive to Be a “Suit” When Policy Doesn’t Define That Term
Jun 2014
Matthew Foy and Laura Smith Author Chapter in DRI Personal and Advertising Injury Compendium
Jun 2014
Construction Law Update Q22014
Jun 2014
Employers Must Accommodate Religious Beliefs and Practices Under Washington State’s Anti-Discrimination Law
May 2014
California Declares Duty in “Take-Home” Exposure Cases
May 2014
California Appellate Court OKs Re-evaluation of Employees Following Return From Medical Leave
May 2014
Stipulated Covenant Judgment Sets Minimum Amount of Damages in Bad-Faith Case
May 2014
Professional Services Exclusion May Not Be A Complete Bar On Coverage When Insured Also Performs Construction Work
May 2014
Illinois Bar Journal Publishes Article By Brian Roth On Tipping and Wage-and-Hour Consequences
Apr 2014
Applicability of Truckers’ Policy Exclusions Is a Triable Issue
Apr 2014
Negligent Misrepresentation Claim Can Be Asserted Against Insurance Adjuster
Mar 2014
Common Interest Privilege Protects Claims Representative’s Statements to Lawyer
Mar 2014
ERISA Preempts Prejudgment Interest Claim Under California Insurance Code Section 10111.2
Mar 2014
Insurer Owed Duty to Defend When Self-Insured Retention Provision Expressly Applied Only to Indemnity Obligation
Mar 2014
Insured Not Entitled to Independent Counsel Despite Insurers’ Reservation of Rights
Mar 2014
Insurer Not Obligated to Defend Underlying Action Seeking Only Injunctive Relief
Mar 2014
Modern Marriage: The Impact of the Legalization of Same-Sex Marriage and U.S. v. Windsor on Multi-State Businesses?
Mar 2014
New Criminal Background Check Ordinance Impacts Seattle Employers
Mar 2014
Washington State Enacts Legislation Restricting an Employer’s Ability to Monitor Its Employees’ Social Media Accounts
Mar 2014
Employees Can Inhale But What Should Employers Do?
Mar 2014
Cause of Action Exists for HMO’s Negligent Delegation of Statutory Obligation to Reimburse Emergency Physicians
Mar 2014
Appeals Court Rejects Privacy Class Action Suit Over Unauthorized Call Recordings
Feb 2014
Developments in Insurance Case Law 2013
Feb 2014
Thirteen Companies Settle for Falsely Claiming Compliance With U.S.-EU Safe Harbor
Feb 2014
Food Truck Not an Auto Under CGL Policy
Feb 2014
Longer Statute of Limitations Applies in Case Involving Public Entity’s Contract for Private WorkLonger Statute of Limitations Applies in Case Involving Public Entity’s Contract for Private Work
Feb 2014
California Fair Plan Association Not Required to Pay Fire Losses Exceeding Policy Limits
Feb 2014
Sick Leave Plan Deemed Payroll Practice Outside ERISA Pre-emption and Subject to California Kin Care Law
Feb 2014
No Coverage for Data Breach Under Personal Injury Provision in General Liability Policy
Feb 2014
New Jersey Law Against Discrimination Expanded to Provide Additional Job Protections to Pregnant Workers
Feb 2014
DRI’s For the Defense Publishes Article By Gordon & Rees’s Susan Meyer and Christopher Franich
Feb 2014
Restaurant Beware: Automatic Gratuities Are Considered Service Charges and Not Tips
Feb 2014
No Duty, No Problem? Strict Product Liability Applies Anyway
Jan 2014
Barabin: Evidentiary Victory for the Defense or Evidentiary Cop-Out?
Jan 2014
Blockbuster Ruling Finds Asbestos Plaintiffs Withholding Evidence, Changing Stories
Jan 2014
Is California Easing the Path to Punitive Damages?
Jan 2014
Gordon & Rees's Tom Tobin and Matt Nugent Co-Author Article in HarrisMartin’s Litigation Watch: Benzene
Jan 2014
American Bankruptcy Institute Journal Publishes Article By Partner Jacob Cohn
Jan 2014
DRI ERISA Report Publishes Article By Gordon & Rees Partners Ron Alberts and Sarah Turner
Jan 2014
New Year Brings Enactment of Several New Labor & Employment Laws in California
Jan 2014
Circuit Split Resolved on Enforceability of Contractual Limitations Period That Begins to Run Before Administrative Remedies Exhausted
Jan 2014
Design Milk Publishes Copyright Article By Justin Aida, Rich Sybert and Jordan Derringer
Jan 2014
Gordon & Rees 2013 Year-End Colorado Employment Law Update
Jan 2014
The Connecticut Law Tribune Publishes Insurance Article By Dennis Brown and Joe Geoghegan
Jan 2014
Construction Law Update
Jan 2014
Defense Research Institute Publishes Aviation Article By Gordon & Rees’s Spencer Hugret
Jan 2014
The End of Locker Room Talk: Same-Sex Harassment Litigation Expected to Rise
Dec 2013
Gordon & Rees 2013 Year-End Colorado Employment Law Update
Dec 2013
Denial Of Health Benefits For Federal Employee’s Same-Sex Domestic Partner Violates Plan And Constitution
Nov 2013
Insurance Code § 10110.6 Interpreted Regarding Group Disability Income Policy and Controlling Plan
Nov 2013
Ninth Circuit Provides Certainty in Calculating Punitive Damages That Could Increase Damage Awards
Nov 2013
Auto Exclusion in Homeowner Policy Enforced
Nov 2013
Pfeifer v. John Crane: Sophistication and Punishment in California Product Liability
Oct 2013
New Texas Law Improves Trade Secret Protection
Oct 2013
California Court Holds UTSA Does Not Displace Non-UTSA Claims Based on Unrelated Conduct
Oct 2013
Employers Can Interview Employees Who Are Potential Class Members
Oct 2013
Is Indefinite Leave a Reasonable Accommodation in New York City?
Oct 2013
New Criminal Background Check Ordinance Impacts Seattle Employers
Oct 2013
New Jersey Supreme Court Rewrites Carter-Wallace Allocation Rules in Cases Involving the State Guaranty Association
Oct 2013
Somers v. Apple Illustrates That in Antitrust Law, the Devil Is in the Details
Oct 2013
Insurer’s Motion to Compel Appraisal of Value of Insured Property Denied Where Insureds Alleged Illegal Adjustment Practices
Sep 2013
Insurer’s Withdrawal of Cumis-Triggering Reservation of Rights Eliminates Insured’s Right to Cumis Counsel
Sep 2013
Under Oregon Law, EPA Letters Are “Suits” Triggering Liability Insurer’s Duty to Defend
Sep 2013
Federal Law Pre-empts State Law on Liability Insurance Chargebacks, But State Law Controls on Workers’ Compensation Insurance
Sep 2013
Body-to-Body Contact Not Required for Policy’s “Assault or Battery” Exclusion to Apply
Sep 2013
New Jersey Court Approves Direct Suits Among Carriers to Share Defense Costs
Sep 2013
No Summary Judgment in Suit Alleging Insurer Should Pay Lost Rents for Vandalized Vacant Building
Sep 2013
Insured’s Punitive Damages Award Against Insurer Reduced From $19 million to $350,000
Sep 2013
Appellate Court Announces Six-Year Statute of Limitations for Private Contribution Actions Under New Jersey’s Spill Act
Sep 2013
Right to Repair Act Does Not Provide Exclusive Remedy for Homeowners When Construction Defects Result in Actual Damage
Sep 2013
The Award of Attorney Fees and Costs Is Appropriate in an Interpleader Action
Sep 2013
Settlement With Insurer Precludes Subsequent Claims
Aug 2013
No Professional Liability Coverage for Law Firm Victimized by Check Scam
Aug 2013
Auto Policy Not Considered As Providing Excess Coverage Over Another Auto Policy Where “Other Insurance” Clauses Conflict
Aug 2013
Conduct That Violates Unfair Insurance Practices Act May Be Actionable Under Unfair Competition Law Despite Moradi-Shalal Restriction
Aug 2013
Securities Litigation Update
Aug 2013
SEC Announces Three New Enforcement Initiatives
Aug 2013
FINRA 2013 Statistics Show Filings Down and Fewer Awards In Favor Of Customers
Jul 2013
California Appellate Court Clarifies Standards for Stays Based on Forum Non Conveniens Grounds
Jul 2013
Drug Patent Owners Beware: Settlement May Expose You to Antitrust Scrutiny
Jul 2013
Law Firm Cannot Simultaneously Represent Insurer and Insured With Conflicting Interests
Jul 2013
Intellectual Property Newsletter
Jul 2013
First Circuit Finds Mutual Rescission of Life Insurance Policy
Jul 2013
Settlement of Injury Action Against Insured Does Not Bar Claim Against Insurer for Denial of Benefits Under Medical Payments Coverage
Jul 2013
Alice in Patent Wonderland: The Federal Circuit Falls Down the Rabbit Hole of Software Patents
Jul 2013
Trade Secret Claims Gone Bad: U.S. District Court Awards $12.4 Million In Fees
Jul 2013
Insured City's Failure to Remedy Pre-Coverage Wrongful Act Does Not Create Continuing Occurrence to Trigger Coverage During Policy Period
Jul 2013
Provision Capping Insurer's Liability at Per Occurrence Limit Precluded Stacking Primary Policies Issued By That Insurer
Jul 2013
Court Decides Issues of First Impression on Property Damage, Bad-Faith Investigation, and Liability for Claims Not Created By Duty to Defend
Jul 2013
SEC Opens Floodgates to Allow Private Companies to Advertise Fundraising Efforts
Jul 2013
Impact of the DOMA Decision on Employers
Jun 2013
The White House Takes On The Patent Trolls
Jun 2013
Whose Copyright Is It Anyway? Ninth Circuit Holds That Copyright Infringement Plaintiff-for-Hire Lacks Standing to Sue
Jun 2013
Insurer in Breach of Duty to Defend May Not Rely on Policy Exclusions to Avoid Indemnity Obligation
Jun 2013
California Insurance Code Section 533.5(b) Does Not Apply to Criminal Actions Brought By Federal Prosecutors
Jun 2013
Insured Who Was Never Denied Benefits Did Not Have Standing to Sue Disability Insurers Under Unfair Competition Law
Jun 2013
Fourth Circuit Becomes Second Appeals Court to Reject NLRB's Posting Rule
Jun 2013
Policy Requirement That Insured Property Have Fire Suppression System Is Condition Precedent to Coverage
Jun 2013
It's Exhausting! Bowman vs. Monsanto
Jun 2013
Recent Changes That Affect Patent Term
Jun 2013
Connecticut Supreme Court Limits Insurer's Aggregate Exposure to $1 Million in Nursing Home Fire
Jun 2013
Intellectual Property Newsletter
Jun 2013
Second Circuit: Excess D&O Policies Not Triggered Absent Exhaustion of Underlying Limits
Jun 2013
U.S. Supreme Court Clarifies Who Constitutes "Supervisor" for Vicarious Liability Under Title VII
Jun 2013
U.S. Supreme Court Upholds Contractual Waiver of Class Arbitration Over Concerns About Prohibitive Costs of Individual Claims
Jun 2013
U.S. Supreme Court Holds But-For Causation Required to Prove Title VII Retaliation Claims
Jun 2013
Oregon Senate Bill 814 Impacts Insurance for Environmental Claims
Jun 2013
Nondefending Insurer Can't Sue Independent Counsel for Reimbursement of Allegedly Excessive Attorney's Fees
May 2013
Gordon & Rees Partner S. Manoj Jegasothy Participates in Pittsburgh Business Times Law Forum Roundtable
May 2013
Ninth Circuit Upholds Multi-Million Dollar Judgment Notwithstanding Challenges to Damages Expert's Testimony
May 2013
D.C. Appeals Court Strikes Down NLRB Posting Rule
May 2013
Does Costco's Advertising Ring True? Costco Claims that "Tiffany" is a Generic Trademark
May 2013
Colorado Enacts Social Media Workplace Privacy Law
May 2013
Provision Capping Insurer's Liability at Per Occurrence Limit Precluded Stacking Primary Policies Issued By That Insurer
May 2013
The Unintended Consequences of 35 U.S.C. §299 and the ITC
May 2013
Intellectual Property Newsletter
May 2013
No Coverage Under Homeowners' Policy That Excluded Damage Caused By Gradual Water Discharge
May 2013
Recent OSHA Investigation Signals Greater Scrutiny for nPB and Related Solvents
May 2013
New Jersey District Court Approves Spoliation Sanction for Plaintiff's Deactivation of Facebook Account
May 2013
Gordon & Rees's Deborah Smith and Richard Ames Co-Author Article in ABA's Toxic Torts and Environmental Law Newsletter
May 2013
Seekers of Class Certification Find Defined Principles in Comcast Corporation v. Behrend
May 2013
India Accession to the Madrid Protocol
Apr 2013
Intellectual Property Newsletter
Apr 2013
Certain Establishments Now Required to Post Public Notices Regarding Slavery and Human Trafficking
Apr 2013
California Supreme Court to Review Duty to Defend in Product Disparagement Case
Apr 2013
Insurer Lacked Standing to Assert Subrogation Claims Under CERCLA
Apr 2013
California Real Estate Broker Not Liable for Tortious Acts of Its Agents
Apr 2013
What a Tangled Webb We Weave: Court Imposes Failure to Warn Liability On Supplier to Johns-Manville
Apr 2013
The Liability Risk Retention Act Preempted a Nevada Order Prohibiting a Risk Retention Group from Writing "First Dollar" Automobile Liability Policies in the State
Apr 2013
De-Kindling Competition: Is Amazon Using DRM to Close the Book on Brick-and-Mortar Shops?
Apr 2013
Appellate Decision Clears the Air for Employers Concerned About Colorado's Legalization of Marijuana
Apr 2013
Plan's Terms, Not Equitable Principles, Govern An Action Pursuant to Section 502(a)(3) of ERISA
Apr 2013
Seven-Second Audio-Visual Clip Used in Musical Theater Affirmed As Copyright Fair Use
Apr 2013
Supreme Court Rules Against Publishers, Providing Boon To Gray-Marketers
Apr 2013
Condominium Policy's Vacancy Exclusion Unambiguously Barred Coverage
Apr 2013
Fiduciaries Must Act Diligently By Thoroughly Investigating All Potential Investment Opportunities for Beneficiaries
Mar 2013
Court Restricts Insurers' Ability to Assert Privilege in First-Party Bad-Faith Suits
Mar 2013
NLRB Reinstates Employees Fired Over Off-Duty Facebook Posts About Co-Worker
Mar 2013
No Coverage for Plaintiff That Agreed Not to Execute Stipulated Judgment
Mar 2013
Quarterly Construction Law Insight
Mar 2013
Insurer Can Rely on Final Judgment When Determining Duty to Defend
Mar 2013
The Holder Rule Means What It Says: California Appellate CourtRejects Limitations Other Jurisdictions Read Into Rule
Mar 2013
Settling One Insured's Claim in Multidefendant Case Not a Contract Breach
Mar 2013
Court Limits Insurers' Ability to Seek Subrogation for Environmental Remediation Claims
Mar 2013
New York City Anti-Discrimination Law Expanded to Protect Unemployed Status
Mar 2013
Attorney-Client Privilege May Not Protect Communications Relating to ERISA Benefit Determinations Made Prior To Litigation
Mar 2013
NLRB Restricts Employers' Ability To Discipline Union-Represented Employees
Mar 2013
Proposed Addition of BPA to Prop. 65 Toxicant List Creates Potential New Litigation Threat for Businesses
Mar 2013
USCIS Publishes Revised Form I-9 For Immediate Use
Mar 2013
Insurance Law Quarterly Newsletter
Mar 2013
A Novel Solution to a Common Problem
Mar 2013
The Supreme Court To Decide Whether Equitable Defenses Can Preclude A Plan's Recovery Under Section 502(a)(3)
Mar 2013
U.S. Supreme Court Eliminates Loophole Plaintiffs Use to Avoid Federal Court
Mar 2013
Texas Supreme Court Enacts New "Expedited Actions" Procedure
Feb 2013
Courts Side With Retailers That Sought Customers' Personal Information
Feb 2013
Developments in Insurance Case Law 2012
Feb 2013
Policy Exclusion Precludes Coverage for Home Demolished By City Order
Feb 2013
Massachusetts: No Liability for Somebody Else's Products
Feb 2013
Intellectual Property Newsletter
Feb 2013
Expansion of FMLA Rights for Family Members of Military Personnel
Feb 2013
Freeman Invs., L.P. v. Pac. Life Ins. Co. - Contract Claims In Putative Class Action Related to the Sale of Variable Life Policy Are Not Precluded By the Securities Litigation Uniform Standards Act Where the Claims Do Not Rest on a Misrepresentation or Fraudulent Omission
Feb 2013
Attorney-Client Privilege Protects Communications Between Title Insurer and Counsel Prosecuting Insured's Case
Feb 2013
Nevada Supreme Court Holds that Equitable Subrogation Doctrine Cannot Subordinate Other Lien Claims After Construction Begins
Feb 2013
California Supreme Court Balances Consumer Privacy and Protecting Retailers and Consumers Against Fraud
Feb 2013
Cold Stone Creamery Steak Sauce? Trademark Relatedness of Restaurant Services to Retail Food
Feb 2013
California Extends Assumption Of Risk Doctrine To Protect Even More Defendants Than Recent Nalwa Decision
Feb 2013
New Legislation Requires Written Agreements on Compensation
Feb 2013
California Supreme Court Limits Suits Against Dissolved Corporations and Their Insurers
Feb 2013
Ritz Camera v. SanDisk and Its Impact on Potential Litigants in Walker Process Claims
Feb 2013
Ninth Circuit Increases Copyright Infringement Defendants' Susceptibility to Personal Jurisdiction
Jan 2013
California Supreme Court Extends Assumption of Risk Doctrine to Protect More Defendants
Jan 2013
California Supreme Court Applies Common LawContinuing-Wrong Accrual Doctrine to UCL Claim
Jan 2013
Additional Insured Landlord Not An "Insured" For Purposes of Interinsured Claims Exclusion
Jan 2013
Data Privacy Day: Best Practices to Protect Important Information
Jan 2013
State of Washington Department of Transportation v. James River Insurance Company ? Binding Arbitration Provisions in Insurance Policies are Unenforceable in Washington
Jan 2013
High Court Rules That Flow From One Part of Water Body to Another Is Not Pollutant "Discharge" Under Clean Water Act
Jan 2013
California Court of Appeals Expands and Clarifies Architect's Duty of Care to Third Party Purchasers/HOAs
Jan 2013
Gemini Insurance Company v. Delos Insurance Company - Additional Insured Landlord Not An "Insured" For Purposes of Interinsured Claims Exclusion
Jan 2013
Another State Mandate for the New Year:Disclosure of Commercial Building Energy Use
Jan 2013
Cardio Diagnostic Imaging, Inc. v. Farmers Insurance Exchange, et al. - California Appellate Court Holds Policy Exclusion for Water That "Backs Up or Overflows" Unambiguously Applies When Water Overflows Due to Drain or Sewer Blockage
Jan 2013
Insurance Policy Installment Fees Not Part of Premium If Under Separate Agreement
Jan 2013
California Supreme Court Lifts Long-Standing LimitationOn Fraud Exception to the Parol Evidence Rule
Dec 2012
New E-Discovery Guidelines Announced for U.S. District Court for the Northern District of California, Effective Nov. 27, 2012
Dec 2012
Summary Judgment Affirmed Based on Insureds' Material Misrepresentations During Claim Investigation
Dec 2012
Intellectual Property Newsletter
Dec 2012
Insurance Law Quarterly Newsletter
Dec 2012
Federal Circuit Affirms Cancellation of Registration Where Goods Were Misidentified
Dec 2012
ERISA Payroll Practice Exemption Requires Two-Step Analysis
Dec 2012
The Two-Year Provisional Patent Application
Dec 2012
Gordon & Rees's Multistate Hurricane Sandy Team Offers Unique Services for Insurers
Nov 2012
Hartford Cas. Ins. Co. v. Swift Distribution, Inc. ? No Coverage For Product Disparagement Under Policy's Personal And Advertising Injury Insuring Agreement Where The Underlying Complaint Fails To Allege That The Insured Referred To Competitor's Product In Its Advertisement
Nov 2012
St. Paul Mercury Insurance Co. v. Mountain West Farm Bureau Mutual Insurance Co. ? A non-participating insurer is required to prove absence of coverage in an equitable contribution action
Nov 2012
You didn't invent that: How long can an inventor wait to stake a claim to a patent?
Nov 2012
Time-Rounding Policies Are Not A Per Se Violation Of California's Wage and Hour Laws
Nov 2012
Henderson v. Farmers Group, Inc. ? "Notice-Prejudice Rule" Applies To Late Submission Of Proof Of Loss
Nov 2012
Intellectual Property Newsletter
Nov 2012
California Appellate Court Finds Movie Title Subject to First Amendment Protection from Trademark Claims
Nov 2012
Did Adwords Translate Into Sadwords For Rosetta Stone?
Oct 2012
Insurance Law Quarterly Newsletter
Oct 2012
Bird v. Best Plumbing Group, LLC. ? No Jury Trial Right On Reasonableness Of Covenant Judgment
Oct 2012
Carson v. Mercury Insurance Company ? Insurer satisfied obligations under an automobile policy when it paid for a car repair to the manufacturer's repair standards rather than to original factory condition.
Oct 2012
Du v. Allstate Insurance Company, et al. ? AMENDED ? Ninth Circuit Retracts Decision That Insurer Must Proactively Attempt To Settle
Oct 2012
California Labor Code Will Limit An Employer's Right to Ask for Access to Personal Social Media
Oct 2012
Fick v. Unum Life Insurance Company of America, et al., - Plaintiff Prevailed In Remanding Long Term Disability Benefits Case To State Court.
Oct 2012
Employers Beware: Obesity as a Disability Under the ADA
Oct 2012
Construction Quarterly
Oct 2012
Intellectual Property Newsletter
Sep 2012
Oregon Mutual Insurance Company v. Hartford Fire Insurance Company ? General Allegations of Property Damage and Water Intrusion Do Not Implicate All Contractors and Subcontractors
Sep 2012
Morgan v. Amex Assurance Company - Oregon's Attorney Fees Statute Applies to Policies Purchased Outside Of Oregon
Sep 2012
Garner v. Sedgwick Claims Management Services, Inc., et al.? Payroll Practice Exists Even When An Employee Exercises A "Buy-up" Option.
Sep 2012
Colorado Man Recovers $7.2 Million in Consumer "Popcorn Lung" Case
Sep 2012
Federal Insurance Co. v. Steadfast Ins. Co. et al. ? Excess Insurer Solely Responsible for Duty to Defend
Sep 2012
Dowling v. Farmers Ins. Exch. ? Action Should Not Be Dismissed For Failure To Timely Prosecute Within The Five-Year Statutory Period If It Was Impracticable Or Futile To Do So
Sep 2012
Fluor Corporation v. Hartford Accident & Indemnity Company - Insurance Code Section 520 Does Not Invalidate Consent-To-Assignment Clauses In Occurrence-Based Liability Policies
Sep 2012
California Code of Civil Procedure § 2025.290 (Effective January 1, 2013) Limits Non-Expert Depositions to 7 Hours
Aug 2012
The State of California v. Continental Insurance Company, et al. ? California Supreme Court Adopts "All-Sums-With-Stacking" for Continuous Injury Claims
Aug 2012
Entin v. Superior Court? Disability Insurer's Election To Pay Benefits During Declaratory Relief Action On Scope Of Coverage Did Not Preclude Insured From Jury Trial
Aug 2012
California Court of Appeal Reaffirms the FAA Preempts the CLRA's Prohibition Against Class Action Waivers
Aug 2012
Brady v. United of Omaha Life Insurance Co. ? Injunctive Relief Claims Dismissed Because Duplicative of Benefits Claim and Preempted by ERISA.
Aug 2012
Lee v. West Coast Life Ins. Co. ? Federal Interpleader Does Not Shield Negligent Stakeholder
Aug 2012
No Coverage For Fraudulent Wire Transfer Loss Where Credit Union Failed To Comply With Bond's Security Procedures
Aug 2012
Paratransit v. Unemployment Insurance Appeals Board, (2012) 206 Cal. App. 4th 1319
Aug 2012
Intellectual Property Newsletter
Aug 2012
LA Trial Team Secures Nonsuit Victory
Jul 2012
Government Contract Arrangements
Jul 2012
Texas Supreme Court Applies "Economic Loss Rule" Defense in a Construction Defect Case but Leaves Big Question Unanswered
Jul 2012
Don't Be Left Out in the Cold: Florida's New Energy Code
Jul 2012
Apple v. Motorola: Posner Elevates Patent Damages to the Forefront of the Smartphone Wars
Jul 2012
Deep Product Discounts May Constitute Product Disparagement
Jul 2012
Rearden LLC v. Rearden Commerce, Inc. ? Evidence of Consumer and Non-Consumer Confusion Precludes Summary Judgment
Jul 2012
Vicarious Liability in an Employment Context: A Franchisor's Actions Speak Louder Than Words
Jul 2012
Day v. AT&T Disability Income Plan ? Disability Benefits Can Be Offset by Pension Benefits Distribution.
Jul 2012
U.S. Supreme Court Rules that Employers Must Meet Affordable Care Act's Standards
Jul 2012
California Professional Design Legislation Update
Jul 2012
Lions, Tigers, and Fish, Oh My! The Importance of Analyzing Environmental Impacts on All Species
Jul 2012
Risk Management ? Record Retention Policies ? Electronic Data Changing The Way the Game is Played.
Jul 2012
Admiral Insurance Company v. Joy Contractors, Inc. ? Additional Insureds’ Coverage May Be Rescinded Based on Named Insured's Misrepresentation
Jul 2012
Court Preliminarily Approves $38 Million Class Settlement Arising from Retailer's Customer Rewards Program
Jul 2012
California : Builder Beware of Opting Out Statutory Pre-Litigation Procedures
Jul 2012
Court Affirms Dismissal Of UCL and CLRA Claims Where Plaintiffs Fail to Allege "Actual Reliance"
Jul 2012
Civil Settlements ? No Regulatory "Gag Clauses"
Jul 2012
Axis Surplus Insurance Company v. Reinoso - No Insurance Coverage For Habitability Claims Against Insured Co-Owner With Actual Knowledge Of Substandard Housing Conditions
Jul 2012
Construction Quarterly
Jul 2012
Travelers Property Casualty Co. v. Charlotte Russe Holding, Inc. - Implied Product Disparagement Claim Triggered Duty to Defend
Jul 2012
California's Legislation to Curb Abusive ADA Lawsuits
Jul 2012
Intellectual Property Newsletter
Jun 2012
Harlick v. Blue Shield of California - Health Insurer Required Under California's Mental Health Parity Act to Pay Costs of Residential Treatment for Anorexia
Jun 2012
Insurance Law Quarterly Newsletter
Jun 2012
Second Circuit Holds Class Action Waiver in Arbitration Agreement Unenforceable
Jun 2012
Du v. Allstate Insurance Company, et al. ? Insurer May Have Duty to Proactively Attempt to Settle Third Party Claim
Jun 2012
Orr v. Prudential Insurance Co., et al. ? ERISA Plans Not Preempted By State Community Property Law.
Jun 2012
National Federation of Independent Business et al. v. Sebelius, Secretary of Health and Human Services
Jun 2012
Texas Supreme Court Rejects "Direct-to-Consumer Advertising Exception" to Learned Intermediary Doctrine
Jun 2012
Health Net, Inc. v. RLI Insurance Company ? Dishonest Acts Impact Liability Insurance Coverage.
Jun 2012
Navigating the Social Media Policy Minefield
Jun 2012
US Supreme Court Determines That Pharmaceutical Sales Reps are Exempt from the FLSA's Overtime Requirements
Jun 2012
Texas Appellate Court Enforces Mediation Privilege, But Notes Limitations
Jun 2012
National Federation of Independent Business et al. v. Sebelius, Secretary of Health and Human Services
Jun 2012
Ortega v. Topa Ins. Co. ? Two-Tier Physical Damage Coverage Permissible
May 2012
Thomas Cronin Authors "Rent at Your Own Risk" in Chicago Bar Association's CBA Record
May 2012
California State Court Holds It Has Jurisdiction Over RCRA Claim
May 2012
Landowners Beware: Public Agencies May Mislead With Impunity
May 2012
California Supreme Court Rules No Recovery For Attorney's Fees on Meal and Rest Period Claims
May 2012
Intellectual Property Newsletter
May 2012
D&O Group Authors Lead Article in Professional Liability Defense Quarterly
May 2012
Business Transactions Newsletter
Apr 2012
California Supreme Court’s Brinker Decision Offers Mixed Results
Apr 2012
Preventing Former Employees in California from Using Company Trade Secrets to Solicit Its Customers
Apr 2012
NLRB Employee Rights Posting Rule Stayed
Apr 2012
En Banc Federal Circuit Reins In Inequitable Conduct
Apr 2012
Salz v. Standard Insurance Co., et al. ? U.S. District Court Affirms Denial of Claimant's Disability Benefits
Apr 2012
Class Certification Denied in Facebook Online Advertising Case
Mar 2012
DeWitt v. Monterey Insurance Company ? No Bad Faith Refusal to Settle in the Absence of a Duty to Indemnify
Mar 2012
Insurance Law Quarterly Newsletter
Mar 2012
Client Advisory: NLRB Rejects Arbitration Class Waivers
Mar 2012
The Expanding Reach of The Crawford Decision and the Impact On Construction Indemnity Agreements
Mar 2012
Colorado Court of Appeals Addresses Statute re: When Repose Begins to Run on a Multi-Phase Project
Mar 2012
R&R Sails, Inc. v. Insurance Company of the State of Pennsylvania - Precluding Evidence of Brandt Fees Based on Insured's Failure to Comply with Rule 26 First Required a Finding of Willfulness, Fault, or Bad Faith.
Mar 2012
Independent counsel: What is "Cumis"?
Mar 2012
Policy limits demands: What is an insurer to do?
Mar 2012
Construction Quarterly
Mar 2012
Sayles v. Continental Casualty Company ? Summary Judgment Granted to Insurer for Plaintiff's Failure to Exhaust Administrative Remedies
Mar 2012
M&F Fishing, Inc. v. Sea-Pac Insurance Managers, Inc. ? Insured Is Not Entitled To Restitution For Lawfully-Placed Insurance Coverage
Mar 2012
Skinner, et al. v. Northrup Grumman Retirement Plan B, et al. ? Ninth Circuit Relies On Amara In Affirming Dismissal Of ERISA Claims Based On Inaccurate SPD
Mar 2012
California: Amendments to Summary Adjudication Procedures
Mar 2012
Insurer reimbursement: Get on the "Buss"
Mar 2012
Attorneys Sued for Failure to Disclose Relationship with Arbitrator
Mar 2012
Susan Rene Jones v. Metropolitan Life Ins. Co., et al. -Attorneys' Fee Motions Under ERISA Closely Scrutinized For Reasonableness
Feb 2012
In re Thorpe Insulation Company - Insurers Have Standing to Challenge Asbestos Debtor Insured's Bankruptcy Reorganization Although Federal Law Preempts Policy's Anti-assignment Clause
Feb 2012
American States Ins. Co. v. National Fire Ins. Co. of Hartford -- Equitable Contribution Cannot Be Transformed Into Equitable Subrogation
Feb 2012
Intellectual Property Newsletter
Feb 2012
Transport Insurance Company v. TIG Insurance Company, et al. ? Insurer Invited Error as to Reinsurance Statute of Limitations Instruction
Feb 2012
Moody v. Bedford ? One Action Rule Inapplicable To Pre-Litigation Settlement
Jan 2012
Developments in Insurance Case Law 2011
Jan 2012
Employers Not Required to Pay Employees "Reporting Time" Pay for Work Periods Lasting Less than Two Hours
Jan 2012
Business Transactions Newsletter
Jan 2012
Ninth Circuit Further Curtails Consumer False Advertising Class Actions
Jan 2012
California Supreme Court Limits Product Liability
Jan 2012
New Laws for the New Year May Warrant Updating Employee Handbooks
Jan 2012
More Housing Crisis Fallout: Class Action Litigation Alleging Creation of "Instant Slums"
Dec 2011
Jones v. Golden Eagle Insurance Corporation ? When Mutual Insured is in Bankruptcy, Equitable Contribution Claim Against Co-carrier in Rehabilitation Barred by Underlying Plaintiffs' Failure to Participate in Liquidation Process.
Dec 2011
Construction Quarterly Newsletter
Dec 2011
Intellectual Property Newsletter
Dec 2011
George v. Automobile Club of Southern California ? Insurer Not Required to Pay Policy Limit in the Event of a Total Loss of Insured Vehicle
Dec 2011
Barry Wallman et al. v. Benjamin Suddock - Insurance Policy Terms Not Subject To Unreasonable Interpretation
Nov 2011
Palp, Inc. v. Williamsburg Nat. Ins. Co. ? Insurer Not Relieved Of Its Duty To Defend By The Mechanical Device Exclusion
Nov 2011
California Supreme Court Hears Arguments in O'Neil v. Crane Co.
Nov 2011
The Oglio Entertainment Group, Inc., et al. v. Hartford Casualty Ins. Co., et al. ? Copying a Product is Not Equivalent to Copying an Advertising Idea or Style of Advertisement
Nov 2011
Janopaul + Block Companies, LLC v. Superior Court (St. Paul Fire and Marine Ins. Co.) ? Arbitration under Civil Code 2860(c) Not Proper Until After Ruling on Bad Faith Action Where Breach of the Duty to Defend is at Issue
Nov 2011
Barnett v. State Farm General Ins. Co. ? Criminal Intent Required To Trigger Coverage Under Theft Provision
Nov 2011
Intellectual Property Newsletter
Nov 2011
California Legislative Update
Nov 2011
Clark v. California Ins. Guarantee Assn. ? Costs and interest not recoverable in section 11580 action against insurer.
Oct 2011
California Senate Bill 474: A Fair Allocation of Construction Risk or a Formula for Increased Litigation?
Oct 2011
CMS Issues Final Medicaid "RAC" Regulations
Oct 2011
The Costs of Misclassifying Independent Contractors Will Be More Expensive for California Employers Under the New Law
Oct 2011
Fresh Express Incorporated v. Beazley Syndicate 2623/623 at Lloyd's et al. ? E. Coli Related Losses Not Covered Under Recall/Brand Protection Policy
Oct 2011
UPDATE on National Labor Relations Board Posting Requirement: Compliance Deadline Extended to January 31, 2012
Oct 2011
Aurora S.A. v. Steve Poizner ? Commissioner's Decision to Deny Purchase of California Insurance Company Upheld
Oct 2011
Western Heritage Ins. Co. v. Superior Court Of The State Of California For The County Of Los Angeles (Parks)? Insured's Procedural Default Does Not Limit Insurer's Intervention Rights
Oct 2011
IRS Offers Amnesty on Misclassification of Workers
Oct 2011
PacifiCare of California, et al v. Bright Medical Associates, Inc. - Health Care Service Plan And Health Care Provider Are Jointly Liable For Delaying Medical Treatment
Sep 2011
California Courts Clarify Employees' Reinstatement Rights Under CFRA
Sep 2011
Feldman v. Illinois Union Ins. Co. - "Interrelated Wrongful Acts" Provision Precludes Coverage for Amended Pleading
Sep 2011
Texas Legislature Changes "Responsible Third Party" Rules
Sep 2011
National Labor Relations Board Issues New Posting Requirement
Sep 2011
The Same Old Song: European Union Extends Copyright Protection for Performers and Sound Recordings
Sep 2011
Withrow v. Bache Halsey Stuart Shield, Inc., Salary Protection Plan (Ltd) ? California's 4 Year Statute of Limitations Applies to ERISA Claim
Sep 2011
Proposed Legislation Would Treat Unemployed Job Applicants as a Protected Class Under Title VII
Sep 2011
Nevada Gamble: Stacking the Deck for Debtors and Guarantors
Aug 2011
Howell v. Hamilton Meats & Provisions, Inc. ? Economic Damages For Medical Care Limited To Amounts Actually Paid Regardless Of Discounts Applied By Medical Care Providers
Aug 2011
The Villa Los Alamos Homeowners Association v. State Farm General Insurance Co. ? MacKinnon Interpretation Of Pollution Exclusion Applies To First Party Property Policy
Aug 2011
Win for Contractors and Design Professionals in Arizona Supreme Court as Court Holds that Equitable Tolling Does Not Apply to Arizona Statute of Limitations for Construction Defect Cases
Aug 2011
Southern California Asbestos Cases Expected To Soon Be Heard By Single Coordination Trial Judge
Aug 2011
California Supreme Court Limits Damages to Those Actually Paid or Owed
Aug 2011
Texas Supreme Court Reaffirms Sufficiency Standards For Establishing Causation Based On Epidemiological Evidence
Aug 2011
New York City Passes Workplace Religious Freedom Act
Aug 2011
Fairbanks v. Farmers New World Life Ins. Co.: Denial of Class Certification Upheld Where Plaintiffs Failed to Prove Uniform Misrepresentations On A Class-Wide Basis
Aug 2011
Employers Again Must Re-Think Their Arbitration Agreements Based on Holding that Arbitration Agreements Do Not Apply to Paga Quasi-Class Action Claims.
Aug 2011
Aroa Marketing, Inc. v. Hartford Insurance Company of the Midwest ? Right of Publicity is Intellectual Property Right Subject to Policy's Exclusion Precluding Personal and Advertising Injury Coverage
Aug 2011
Mission Viejo Emergency Medical Associates v. Beta Healthcare Group ? Arbitration Provision Conspicuously Contained in Insurance Policy is Enforceable
Jul 2011
Behnke v. State Farm General Insurance Company ? Insurer Not liable for Failure to Pay Full Amount of Cumis Counsel Fees
Jul 2011
Fairbanks et al. v. Farmers New World Life Ins. Co., et al. ? Putative Class Asserting Fraudulent Business Practice Claim Failed To Show Uniform Conduct Likely to Mislead
Jul 2011
State Farm General Insurance Co. v. Frake ?Term "Accident" Does Not Apply to Deliberate Conduct that Directly Causes Injury
Jul 2011
Property Rights at Risk
Jul 2011
Supreme Court Confirms An Issued Patent Can Only Be Declared Invalid By "Clear And Convincing" Evidence
Jul 2011
U.S. Supreme Court Limits Jurisdiction Over Defendants From Outside Forum State
Jul 2011
"Do You Know Where That's Been?" If You're Selling to the Federal Government, You Better
Jul 2011
Jeffrey Lilly Authors Article on How to Reduce the Risk of Future E-Discovery Sanctions in IADC/Drug, Device and Biotechnology Committee Newsletter
Jul 2011
David Barboza v. California Association of Professional Firefighters, et al. ? Claimant's Failure to Exhaust his Administrative Remedies is Excused
Jun 2011
Georgia's Recently Adopted Illegal Immigration Reform and Enforcement Act of 2011 ? House Bill 87 (HB 87)
Jun 2011
Hughes v. Progressive Direct Ins. Co. ? Insured Entitled To Bring UCL Claim Based Solely On Allegations The Insurer Violated Insurance Code Section 758.5
Jun 2011
Washington Supreme Court Upholds Termination of Medical Marijuana User
Jun 2011
Employers Beware ? New Wave of Immigration Audits by Federal Government
Jun 2011
SBA Implements New Set-Aside Rule for Women-Owned Small Businesses to Facilitate Government Contracts
Jun 2011
Cyr v. Reliance Standard Life Insurance Co., et al. ? In an En Banc Decision, the Ninth Circuit Reverses Authority Which Limited the Proper Parties in Some ERISA Matters to the Benefit Plan Itself, Or the Plan Administrator.
Jun 2011
U.S. Supreme Court Raises the Bar on Class Certification Requirements
Jun 2011
Kaiser Cement And Gypsum Corporation v. Insurance Company of the State of Pennsylvania, et al. ? Court Rejects Generalized Anti-Stacking Rule
Jun 2011
Are Your Pay Stubs Going to Make You Pay?
Jun 2011
Supreme Court Denies Class Certification in Wal-Mart Case
Jun 2011
The Doan v. State Farm General Insurance Company ? Declaratory Relief Action Can Proceed Prior To Appraisal
Jun 2011
Ninth Circuit Rules Unlicensed "Junior Accountants" May Be Exempt From Overtime
Jun 2011
New Jersey Supreme Court Clarifies Civil Remedy for Injuries from Negligent Service of Alcohol
Jun 2011
U.S. Supreme Court Holds State Law Failure-to-Warn Claims Impliedly Preempted
May 2011
NLRB Preparing to Make Union Organizing Easier in Nursing Homes
May 2011
Workmen's Auto Insurance Company v. Guy Carpenter & Company, Inc. ? Reinsurance Broker Owes No Fiduciary Duty to its Client-Insurer
May 2011
The New Requirements of New York's Wage Theft Prevention Act
May 2011
Richards et al. v. Sequoia Insurance Company ? Compensation for Self-Representation is Not Payment of "Attorney's Fees Expended by the Insured."
May 2011
The Ninth Circuit Holds That the "Internet Troika" Is Not the Appropriate Test for All Trademark Disputes Involving the Internet
May 2011
Ninth Circuit Decision Protects State Claims From Preemption By Copyright Law
May 2011
Clarendon American Ins. Co. v. General Security Indemn. Co. Of Ariz. ? Faulty Workmanship Of Insured Fired From Project Subject To Exclusions J(5) And J(6) And Does Not Satisfy Policy's Definition Of "Products-Completed Operations Hazard."
May 2011
"Ban the Box": Public and Private Employers in Philadelphia Prohibited from Inquiring into Criminal Background Prior to Candidate Interview
May 2011
Cigna Corp. v. Amara - Summary Plan Description Is Not Part of An ERISA Plan
May 2011
American Modern Home Insurance Company v. Fahmian et al. ? No Time Requirement Necessary to Consider Notice of Intent to Accept Policy Limit Settlement For Reimbursement (April 8, 2011) 2011 Cal.App.LEXIS 420; 11 C.D.O.S. 4319
May 2011
Another Reason to Have Your Employee Handbook Reviewed
Apr 2011
Expansion of Broker/Seller Disclosure Obligations
Apr 2011
Shanahan v. State Farm General Insurance Company ? No Duty to Defend Claims Alleging Intentional Sexual Battery, Unpublished Slander, and no Physical Injury
Apr 2011
The Housing Group v. PMA Capital Insurance Company ? Insurers' Partial Payment of Defense Fees Following Insureds' Settlement of Third-Party Litigation Construed as Denial of Defense Obligations
Apr 2011
New York High Court Clarifies the Examination an Employer Must Conduct Before Denying Employment to an Ex-Convict
Apr 2011
U.S. Supreme Court Curbs Class-Wide Arbitration Proceedings
Apr 2011
EEOC Changes Legal Landscape with Final Regulations on 2008 ADA Amendments Act
Apr 2011
Ninth Circuit Court of Appeals Increases Vulnerability of Auditors in Suits Alleging Fraudulent Backdating of Stock Options
Apr 2011
Dunkin’ Donuts Franchisee Finds a Hole
Mar 2011
Century-National Ins. Co. v. Garcia ? Innocent Insured Not Subject to Intentional or Criminal Acts of Co-Insured
Mar 2011
California Appeals Court Again Finds that Employers Need Not Ensure Employees Take Meal and Rest Periods
Mar 2011
Salomaa v. Honda Long Term Disability Plan ? Ninth Circuit Reverses District Court Holding the Plan Administrator Abused its Discretion in Denying LTD Benefits
Mar 2011
Kirkwood v. California State Automobile Association ? Insured Entitled to Seek Declaratory Relief on Claim that Insurer Misapplied Statutory Guidelines for Conducting Appraisals
Mar 2011
Employer Beware: ICE Expanding Workplace Audits
Mar 2011
California Supreme Court Prohibits Employers from Requiring Employees to Waive "Berman" Hearing as a Condition of Employment
Mar 2011
Insurance Law Quarterly Newsletter
Mar 2011
U.S. District Court of Western Washington Applies Recently Amended Washington Insurance Regulation Precluding Discretionary Clauses in Disability Polices To ERISA Claims
Mar 2011
Minich v. Allstate Insurance Company ? No Right To Advance Payment of Repair Costs Under Homeowners Policy
Mar 2011
Fleischer Studios, Inc. v. A.V.E.L.A., Inc. et al. - Doctrine of Indivisibility Permits Copyright Holders to Retain Component Parts, and "Functional" Features Are Not Protected by Trademark Law
Mar 2011
Employers and Managers Can Face Substantial Sanctions for Employing Undocumented Workers
Mar 2011
Illinois Supreme Court Limits Design Professional Liability to Terms of the Contract
Mar 2011
Dueling Denim: Ninth Circuit Holds That Trademark Dilution-By-Blurring Does Not Require "Identical" or "Nearly Identical" Marks Under the Trademark Dilution Revision Act of 2006
Mar 2011
Hibbs v. Allstate Insurance Company ? Insurer Properly Elected To Repair Insured's Vehicle
Mar 2011
Trishan Air, Inc. v. Federal Insurance Company ? Failure to Strictly Comply with Warranty Precluded Coverage
Mar 2011
Supreme Court Finds Verbal Complaints to Be a Sufficient Basis for Retaliation Claims Under the Fair Labor Standards Act
Feb 2011
Developments in Insurance Case Law 2010
Feb 2011
Developments in Life, Health & Disability Case Law 2010
Feb 2011
Social Networking Liability: Settlement with NLRB over Internet Policy
Feb 2011
Retailers Beware: Asking For Customer ZIP Codes During Credit Card Transactions May Violate State Consumer-Protection Laws
Feb 2011
California Appellate Court Holds Employers Liable for Two Penalty Payments when Denying Both Meal and Rest Periods
Feb 2011
Blue Shield of California Life & Health Insurance Company v. Superior Court (Kawakita) ? Deviating from Insurance Code Language Results in Blue Shield Voluntarily Extending Two-Year Statute of Limitations on Bad Faith Claims
Feb 2011
Copyright Protection for Couture?
Feb 2011
Limiting Medical Special Damages to Amounts Actually Paid: Hanif and Nishihama Re-affirmed by California Court of Appeal
Feb 2011
Leflet v. Redwood Fire and Casualty Ins. Co. ? Arizona Primary Insurer May Not Use a Morris Agreement to Reduce its Liability Below Policy Limits
Feb 2011
Ballesteros v. American Standard Insurance Company of Wisconsin ?An Arizona Automobile Insurer Is Not Required to Provide a UM/UIM Selection Form in Spanish to a Spanish-Speaking Insured
Jan 2011
Epidemiology of Malignant Mesothelioma: Where We Are After 50 Years of Research
Jan 2011
California Supreme Court Clarifies Standing Requirements for UCL Claims Alleging Misleading Product Labels
Jan 2011
Estate, Gift and GST Taxes:The Impact of New Laws in 2010
Jan 2011
Movsesian v. Victoria Versicherung AG ? California Statute Relating to Claims Under German Insurance Policies is not Preempted by Federal Policy
Jan 2011
California's First Statewide Paid Leave Mandate for Organ and Bone Marrow Donations
Jan 2011
Quality Infusion Care, Inc., v. Health Care Services Corp., d/b/a Blue Cross and Blue Shield of Texas ? The Fifth Circuit Affirms An Insurance Company's Contractual Recoupment of Overpayments To HealthCare Provider
Jan 2011
E-Mail Communications Between Attorney and Client on Employer's Computer
Dec 2010
Do You Really Own That Software You Bought?
Dec 2010
NLRB Proposes Rule to Require Posting of NLRA Rights
Dec 2010
New EEOC Regulations Provide Employers with Guidance for Complying with the Genetic Information Non-Discrimination Act
Dec 2010
CIGNA Corp. v. Amara ? Oral argument held before U.S. Supreme Court in "standard of injury" case involving Summary Plan Description that failed to fully address change in plan terms.
Dec 2010
Levine v. Blue Shield of California ? Insurer Owed No Duty To Disclose It Would Have Accepted A Lower Premium
Dec 2010
An Update on the Wal-Mart Sex Discrimination Case: The Implications of the U.S. Supreme Court Agreeing to Hear Wal-Mart's Appeal
Dec 2010
California Supreme Court Increases the Statute of Limitations for Waiting Time Penalties to Three Years
Dec 2010
Advanced Network, Inc. v. Peerless Ins. Co. ? "Loss of Use" Different From "Loss" Of The Property
Dec 2010
Muniz v. Amec Construction Management, Inc. ? Appellate Court Affirms District Court's Decision Upholding Termination of Disability Benefits
Nov 2010
Washington Supreme Court Clarifies Scope of Economic Loss Rule
Nov 2010
Six Months After Bilski: Practical Claim Drafting Tips for Software and Business Method Patents
Nov 2010
Employers Need Not Ensure Employees Take Meal And Rest Breaks
Nov 2010
Hudson Insurance Company v. Colony Insurance Company ? Insurer Obligated To Defend When Facts Alleged Suggest Potential Covered Liability
Nov 2010
Michael Mitchell. v. CB Richard Ellis Long Term Disability Plan ? Appeal upheld that MetLife abused its discretion in denying long term disability benefits
Nov 2010
Frederico Quan, et al. v. Computer Sciences Corporation; CSC Retirement and Employee Benefits Plan Committee, et al. ? The Ninth Circuit Adopts The "Moench Presumption" For Employee Stock Ownership Plans.
Nov 2010
Gunn v Reliance Standard Life Insurance Company ? Appellate Court reverses District Court's Decision: Policy language controls over Summary Plan Document and Reviewing Physician's Long-standing Relationship with Reliance Insufficient to Establish Conflict of Interest where Medical Evidence Supports Reasonableness of Administrator's Decision
Nov 2010
NLRB Files Complaint Against Employer for Terminating Employee Who Criticized Boss on Facebook
Nov 2010
Chicago Title Ins. Co. v. AMZ Ins. Servs., Inc. ? Binder Was Proper and Broker Was Insurer's Agent Despite Express Terms of Producer's Agreement
Nov 2010
Ameron International Corporation v. Insurance Company of the State of Pennsylvania ? California Supreme Court Holds Administrative Adjudicative Proceeding is a "Suit"
Nov 2010
U.S. Supreme Court's Fall Employment Docket: Municipal Lawyer Magazine Features Article by Lawrence Lee and Brandon Saxon
Nov 2010
Mackay v. Superior Court (21st Century Ins. Co.) ? No Civil Action To Challenge An Approved Rate
Oct 2010
Potential Effects on Climate Change May Not be Required in EIR Analysis under CEQA
Oct 2010
Gonzales v. Unum Life Insurance Company of America, et al.: Neither A Written Instrument Or A Form 5500 Are Required To Establish An Employee Benefit Plan Under ERISA.
Oct 2010
Colony Insurance Company v. Crusader Insurance Company-
Oct 2010
Lee v. Fidelity National Title Ins. Co. ? Coverage Found Where Title Insurer's Erroneous Description Of Property Was Ambiguous.
Oct 2010
Finley v. Hartford Life And Accident Insurance Company 1 ? Ninth Circuit Reverses Northern District Court Decision on ERISA Long Term Disability Claim Based on Video Surveillance that Contradicted Plaintiff's Claim
Oct 2010
Lee v. Fidelity National Title Ins. Co. ? Coverage Found Where Title Insurer's Erroneous Description Of Property Was Ambiguous.
Sep 2010
Rose Sprinkles v. Associated Indemnity Corporation ? Automobile Exclusion Applies Where Employee Involved in Accident Is on the Way to Work.
Sep 2010
HCM Healthcare, Inc. v. California Insurance Guarantee Association ? CIGA Time Limit Strictly Enforced in Pennsylvania Insurer Liquidation
Sep 2010
Jackson v. Wilson, Sonsini, Goodrich & Rosati Long Term Disability Plan, et al., On De Novo Review Lack of Objective Medical Evidence Results in Denial of Claim for Disability
Sep 2010
Tyco Unit Amends RCRA Claims Against Rowe: Law360 Quotes Gordon & Rees as Defense Counsel
Sep 2010
Village Northridge Homeowners Association v. State Farm Fire and Casualty Company ? Settling Insured May not Keep Settlement Proceeds and Sue Insurer for Fraud
Sep 2010
Fall 2010 Construction Law Legislative Update ? SB 972
Sep 2010
Fagan v. Life Insurance Co. of North America ? Plaintiff Prevails On Motion for Summary Judgment Based On Physical Impairment
Sep 2010
Ninth Circuit Rules That Copyright Act Preempts Overlapping Right of Publicity Claim and Company's Sole Employee and Owner Had Infringement Standing, As Films Were Not "Work for Hire"
Sep 2010
Bonner v. Metropolitan Life Insurance Co., et al. ? Life insurance beneficiary designation must be "signed" to be effective under Federal Employees Group Life Insurance Act ("FEGLIA"), 5 U.S.C. § 8705.
Sep 2010
Barbara Sterio v. HM Life, et al. - Denial of Long Term Disability Benefits Was An Abuse of Discretion.
Aug 2010
Commercial Loan Modifications: Finding a Way Out of the Storm
Aug 2010
California Supreme Court Holds There is No Private Right of Action Under Labor Code Section 351
Aug 2010
How to Limit Legal Malpractice Exposures in a Challenging Economy
Aug 2010
California Court of Appeals Reestablishes Businesses' Right to Obtain Injunctions in Labor Disputes
Aug 2010
Consolidated Companies, Inc. v. Lexington Insurance Company ? Interpretation of "Charges and Expenses" Under A Business-Interruption Provision
Aug 2010
Desert Mountain Properties Limited Partnership v. Liberty Mutual Fire Insurance Company ? An Arizona Insurer May Be Obligated to Pay Expenses Voluntarily Incurred in Repairing Property Even in the Absence of a Lawsuit
Aug 2010
Insurance Quarterly Newsletter
Aug 2010
Cedell v. Farmers Insurance Co. Of Washington ? First-Party Insurer Entitled To Attorney-Client Privilege In Bad-Faith Case
Aug 2010
Gwendolyn Byrd. v. Unum Life Insurance ? Summary Judgment Granted in Favor of Insurer/Claims Administrator Under an Unaltered Abuse of Discretion Standard
Aug 2010
Prado v. Allied Domecq Spirits and Wine Group Disability Income Policy. ? Defendant Granted Summary Adjudication Because Collateral Estoppel Prevented Re-litigation of Standard of Review; Plaintiff Afforded Leave to Conduct Discovery Re: Conflict of Interest
Aug 2010
Google This: Reid Gets it Right on Appellate Review
Aug 2010
MRI Healthcare Center of Glendale, Inc. v. State Farm Gen. Ins. Co. ? Loss Was Not A Covered "Accidental Direct Physical Loss" Where The Insured Acted Deliberately And Expected The Result.
Aug 2010
Rein v. The Standard Insurance Co. ? An Insurance Policy May Constitute The Plan Under ERISA, And May Confer Discretionary Authority To The Insurer.
Aug 2010
Mitchell v. Metropolitan Life Insurance ? Insurer Abused Discretion By Basing Denial Of Benefits On Narrower "Disability" Definition Among Policy's Conflicting Definitions
Aug 2010
L.A. Checker Cab Cooperative, Inc. v. First Specialty Insurance Co. ? Injuries Allegedly Inflicted in Negligent Self-Defense Are Not Caused by Accident
Aug 2010
Schwartz v. Poisner ? Insurance Commissioner Does Not Have A Ministerial Duty To Enforce Rescission Or Insurers' Compliance With Insurance Code Provisions
Aug 2010
Marilyn McIlhaney v. Anthem Life Insurance Company Long Term Disability Plan, et al. Denial of Long Term Disability Benefits Was An Abuse of Discretion.
Aug 2010
Choice Healthcare, Inc. v. Kaiser Foundation Health Plan of Colorado ? No Personal Jurisdiction Over Out-Of-State Insurance Company That Pays Only A Small Number Of Claims In The Forum State.
Aug 2010
Pending California Appellate Decision to Define "Sophisticated User Defense"
Aug 2010
McReynolds v. American Commerce Insurance Co. ? An Arizona Insurer Faced With Multiple Claims in Excess of Policy Limits, May Properly Interplead its Limits
Aug 2010
Sex, Lies, and Videotape: Cyber Liability Issues in a Digital World
Aug 2010
California Court of Appeals: Lender's False Determination that Borrower Qualified for a Loan Was Not a Misrepresentation that Borrower Could Afford the Loan
Aug 2010
Holmstrom v. Metropolitan Life Insurance Co.? Objective Medical Evidence Supports ERISA Plaintiff's Disability Claim
Aug 2010
Insurance Defense Conflicts of Interest: Three Main Approaches
Aug 2010
Howard v. American National Fire Ins. Co. ? The Genuine Dispute Doctrine Does Not Always Apply To A Bad Faith Claim
Aug 2010
Essex Insurance Company v. Heck ? Insurer's Actions Creates Implied Waiver Of Subrogation Rights
Aug 2010
Clark v. Superior Court (Nat. Western Life Ins. Co.) ? No Trebling of Restitution Award Under Unfair Competition Law
Jul 2010
Tad Devlin Authors Article for ICA Summer 2010 Newsletter
Jul 2010
How Will This Project Change The Weather? Limiting an Environmental Impact Report to Concerns Which Can Be Meaningfully Addressed
Jul 2010
Blankenship v. Allstate Ins. Co. ? Minority Does Not Excuse Non-Compliance With Two-Year Limitations Period Applying To Claims Against Uninsured Motorist Insurer
Jul 2010
Hervey v. Mercury Casualty Company ? Title of Endorsement Does Not Create Ambiguity When Read In Context Of Policy As A Whole
Jul 2010
Arizona Supreme Court Upholds Arizona Rule of Evidence 407 Limitations
Jul 2010
Clarendon America Insurance Company v. StarNet Insurance Company ? Notice under Calderon Act is a "Suit," defined as a "civil proceeding," triggering duty to defend
Jul 2010
California Court of Appeal Clarifies Standards Governing FEHA Retaliation and Harassment Claims in Favor of Employers
Jul 2010
Plaintiffs Cannot Use Isolated Comments As A Hook To Include Comments Falling Outside The Time Limitations Under Title VII
Jul 2010
Use It Or (Potentially) Lose It
Jul 2010
S.B.C.C., Inc. v. St. Paul Fire & Marine Insurance Company ? Insurer had no duty to defend claim of misappropriation of customer lists.
Jul 2010
Supreme Court Remands 96 Cases Decided by Two Member Panel Back to NLRB
Jul 2010
Pennsylvania General Insurance Co. v. American Safety Indemnity Company. ? Property Damage During Policy Period Triggers Coverage Under Policy
Jul 2010
California Court of Appeal Rules on Operation of Statute of Limitations for Unfair Competition Claims
Jul 2010
The California Supreme Court Disallows the Anti-Trust Pass-On Defense and Permits an Injunction Under the UCL Despite the Lack of Monetary Damages
Jul 2010
Clarendon America Ins. Co. v. North American Capacity Ins. Co. ?Per Claim Self-Insured Retention Did Not Apply, As A Matter Of Law, To Each Home At Issue In Construction Defect Action.
Jul 2010
Simonia v. Glendale Nissan/Infiniti Disability Plan ?ERISA Plaintiff Was Not Awarded Attorney's Fees Under ERISA 502(g) When Defendant Insurer Dismissed Its Counterclaim For Overpayment Of Disability Benefits
Jun 2010
Ninth Circuit Rules Federal Copyright Law Preempts State Law Claims Alleging Unauthorized Use of Screenplays and Videos in the Production of a Cable Series
Jun 2010
The Keys to Successful Mediation
Jun 2010
Ninth Circuit Court of Appeals Holds That California Travel and Tourism Commission is Entitled to Immunity Under State Action Doctrine from Antitrust Suit Alleging Price-Fixing
Jun 2010
Re-Defining The FMLA: Adults With No Legal or Biological Relationship to a Minor Can Still be Eligible for Protected Leave
Jun 2010
Los Angeles Lawyer Magazine Profiles Partner Phillip Maltin
Jun 2010
Salz v. Standard Ins. Co. - Structural Conflicts Framework Applies to ERISA Cases Under the Abuse of Discretion Standard
Jun 2010
Hardt v. Reliance Standard Life Insurance Co. ? ERISA Claimant May Seek Attorney's Fees Even If Not a "Prevailing Party" Per Se
Jun 2010
How do Attorneys Ethically Access Information about Plaintiffs and Witnesses from Facebook?
Jun 2010
Potential New Defendants in California Wage-and-Hour Lawsuits
Jun 2010
Legacy Vulcan Corp. v. Superior Court? Umbrella Insurer Owes Immediate Duty To Defend Underlying Suit
Jun 2010
Lagstein v. Certain Underwriters at Lloyd's, London - Ninth Circuit Upholds Arbitration Award Against Disability Insurer
Jun 2010
What are the Hot Spots of Workplace Compliance and Enforcement?
Jun 2010
Minkler v. Safeco Insurance Company ? Intentional Acts Exclusion Does Not Preclude Coverage For Negligent Supervision Claim
Jun 2010
The Supreme Court Sends an Important Reminder Regarding Electronic Communications Policies
Jun 2010
The Last Samurai Does Not Infringe a Copyrighted Screenplay With The Same Name and a Similar Premise
Jun 2010
Legal Malpractice Prevention: E-Mail Disclaimers, Inadvertent Disclosures, and the Attorney-Client Privilege
Jun 2010
Chinese Drywall Causes Huge Mess
May 2010
Wallace v. GEICO Gen. Ins. Co. ? Insurer Cannot Defeat Class Action by Compensating Representative Plaintiff for Her Injuries
May 2010
Texas Supreme Court Clarifies Requirements for an Enforceable Non-Compete Agreement
May 2010
Insurance Law Quarterly Newsletter
May 2010
Ninth Circuit Clarifies Interplay Between First Amendment and Workplace Harassment
May 2010
Ninth Circuit Holds Auto Gold Liable for Trademark Infringement Based on Post-Purchase Confusion, Notwithstanding the "First Sale" Doctrine
May 2010
Impact of US Economic Downturn on Professional Liability Insurers: Dealing with Insolvent or Bankrupt Insureds
May 2010
Carberry v. MetLife - Court Allows Limited Discovery In ERISA Disability Benefits Case Under Glenn Interpretation
May 2010
Carmona v. Carmona, et al. ? ERISA Benefits Vest At The Time The Participant Retires.
May 2010
LaAsmar v. Phelps Dodge Corporation Life, Accidental Death & Dismemberment and Dependant Life Insurance Plan ? Insured's Family Awarded Accidental Death Benefits where Insured Died in a Car Accident while Driving Intoxicated
May 2010
New USPTO Rule Allows More Patent Applications to Qualify for Green Patent Program
May 2010
No Probable Cause Existed to Prosecute Trademark Dilution Claim Where Princess Diana's Name Identified the Individual Rather Than the Source of Goods or Services
May 2010
Ninth Circuit Holds Application To Register Copyright, Rather Than Actual Registration, Is Prerequisite To Maintenance of Infringement Suit
May 2010
Kim Iann Manning v. American Republic Insurance Company ? Plan Administrator May Require Objective Medical Evidence of Disability
May 2010
Carolina Cas. Ins. Co. v. L.M. Ross Law Group, LLP ? Policy Exclusion Precluded Coverage For Legal Malpractice Claim By Business Entity Managed By The Insured At The Time The Insured Gave Notice Of Potential Claim
May 2010
Faragher-Ellerth Affirmative Defense No Bar To Liability Under New York City Human Rights Law
Apr 2010
Yvette Bravo v. The United States Life Insurance Company in the City of New York, et al. ? Summary Judgment Denied in Non-ERISA Disability Benefits Action
Apr 2010
Ghomeshi v. Sabban - Disgorgement Awards Against Unlicensed Contractors Dischargeable in Bankruptcy
Apr 2010
The Supreme Court Ponders Whether Two Member NLRB Has Authority to Issue Decision
Apr 2010
Dominguez v. Financial Indemnity Co. ? Permissive User Liability Limitation is Conspicuous, Plain and Clear
Apr 2010
United Enterprises, Inc. v. Superior Court (Royal Indemnity Company) ? Stay of Insurer's Declaratory Relief Action Required Until Underlying Law Suits are Adjudicated
Apr 2010
Nazaretyan v. California Physicians' Service ? Misrepresentation on Health Insurance Application May Not Be Ground for Rescission where Broker Completed Insureds' Applications Because Insureds Did Not Speak English
Apr 2010
Ninth Circuit Court of Appeals Provides Guidance on Application of Daubert Rule for Expert Opinion Testimony
Apr 2010
U.S. Supreme Court Holds That The Time For Filing A Securities Fraud Lawsuit Does Not Begin Running Until Plaintiffs Have Actual Knowledge Of Defendant's Intent To Mislead Investors
Apr 2010
Risely v. Interinsurance Exchange of the Automobile Club. ? Insurer's Agreement to Defend Under One Policy and Deny Under Another Violated the Duty to Defend
Apr 2010
Martorello v. Sun Life Assurance Co. ? Bonuses Excluded From Calculation of ERISA Disability Earnings
Apr 2010
Hyundai Motor America v. National Union Fire Ins. Co., et al. ? Patent Infringement Claim Triggers Duty To Defend
Apr 2010
Alfredo Leon Orea v. FS San Francisco Employment, Inc.'s Long Term De Novo Disability Plan ? New Evidence Admissible In Review Of Benefits Determination Under ERISA
Apr 2010
Conkright v. Frommert - Deferential Review Provided to the Plan Administrator
Apr 2010
U.S. Supreme Court Holds that Federal Rule on Class Actions Preempts State Law Restricting Pursuit of Class Claims
Apr 2010
Alatriste v. Cesar's Exterior Designs, Inc. - California Contractor's License Law - The "Sword" Gets Sharper
Apr 2010
Amerigraphics Inc. v. Mercury Casualty Company ? Business Income Provision Provides Coverage for Both Net Income and Operating Expenses
Apr 2010
ICA's Spring 2010 Newsletter Includes Two Gordon & Rees Articles
Apr 2010
The Supreme Court Ponders Whether Two Member NLRB Has Authority to Issue Decision
Apr 2010
Intergulf Development v. Superior Court of San Diego (Interstate Fire & Casualty Company) - Resolution of Bad Faith Claim Required Before Parties Could Arbitrate Cumis Counsel Fees Issue
Apr 2010
No Class Arbitration Without Parties' Express Agreement: The U.S. Supreme Court's Decision in Stolt-Nielsen
Apr 2010
Wise v. Verizon Communications Inc. - One Statute of Limitations Per State For ERISA Benefits-Recovery Claims
Apr 2010
Chandler v. State Farm Mutual Auto. Ins. Co. ? Insurer Allowed To Recoup Before The Insured Has Sued The Tortfeasor.
Mar 2010
Forecast Homes, Inc. v. Steadfast Insurance Company ? Additional Insured Denied Coverage Pursuant to Unambiguous Precondition
Mar 2010
Wilshire Insurance Company v. S.A. ? Arizona Court of Appeals Concludes the Criminal Act Exclusion Prohibits Coverage When the Insured Acts Wrongfully and Intends to Inflict Injury
Mar 2010
Developments in Life, Health & Disability Case Law 2009
Mar 2010
Arizona Adopts the Economic Loss Rule in Construction Defect Cases
Mar 2010
Gray v. Begley ? Insurer Defending Under Reservation of Rights May Intervene to Contest Judgment
Mar 2010
Failure to Comply with the Copyright Registration Requirement of Section 411 Does Not Deprive Federal District Courts of Subject-Matter Jurisdiction
Mar 2010
Ninth Circuit Court Holds That Prior Nationwide Class Action Settlement Did Not Bar Present Complaint
Mar 2010
Are Name-Brand Manufacturers Liable for Ingestion of Generic Products?
Mar 2010
California Supreme Court Grants Review of Decision Unfavorable to Tort Defendants on Medical Damages
Mar 2010
California Supreme Court Grants Review of Decision Unfavorable to Tort Defendants on Medical Damages
Mar 2010
Interstate Fire and Casualty Ins. Co. v. Cleveland Wrecking Co. ? Subrogation of Contractual Indemnification Claim Not Precluded by Good Faith Settlement
Mar 2010
Developments in Insurance Case Law 2009
Mar 2010
Waiver of Subrogation Clauses In Commercial Leases: Enforceable Under California Law? Under All Circumstances? One California Court Weighs In
Mar 2010
NLRB and EEOC Recess Appointments
Mar 2010
City of Laguna Beach. v. California Insurance Guarantee Association ? Self-Insurance Constituted "Other Insurance" that Precluded Reimbursement from CIGA
Mar 2010
Positive Developments in California Case Law on Class Certification after Tobacco II
Mar 2010
Restaurant 'Tip Pool' That Gives Greater Proportion of Tips to Kitchen Staff is Valid When Employer Does Not Take Tip Credit
Mar 2010
Scottsdale Insurance Company v. Century Surety Company ? Recovery Limited in Equitable Contribution Actions
Mar 2010
Abdelhamid v. Fire Ins. Exchange - Denial of Coverage Proper Where Insured Failed to Perform Condition Precedent for Coverage Under Insurance Contract
Feb 2010
Nieto v. Blue Shield of California Life and Health Insurance Co. ? Material Misrepresentations and Omissions in an Insurance Application Justifies Rescission
Feb 2010
Aztar Corp. v. U.S. Fire Insurance Co. ? Arizona Court of Appeals Holds Decreased and Lost Anticipated Patronage Resulting from Non-Contributing Property Is Not Covered Under A Business Interruption Policy
Practice: Appellate, Insurance
Feb 2010
Yokoyama v. Midland Nat'l Life Ins. Co. ? Hawaii's Deceptive Practices Act Does Not Require Showing Individualized Reliance
Practice: Insurance
Feb 2010
A Review of the U.S. Supreme Court's Rulings in Employment Law
Practice: Employment, ERISA, Labor, Life, Health & Disability
Feb 2010
Superior Dispatch, Inc. v. Insurance Corporation of New York - Represented Claimants Must Be Notified of All Policy Limitations
Practice: Insurance, Trucking & Transportation
Feb 2010
Arce v. Kaiser Foundation Health Plan, Inc. ? Class Action Under UCL Against Health Care Provider's Categorical Denial of Coverage Sufficient
Practice: Class Action, Insurance
Feb 2010
American International Underwriters Ins. Co. v. American Guarantee and Liability Ins. Co.- Policy Terms "Hire" and "Borrow" Entail Possession and Control
Practice: Insurance
Feb 2010
The U.S. Supreme Court Adopts "Nerve Center" Test To Determine A Corporation's Principal Place Of Business For Purposes Of Diversity Jurisdiction
Practice: Commercial Litigation, Insurance
Feb 2010
Fireman's Fund Ins. Co. v. Workers' Compensation Appeals Board California Insurance Guarantee Association ? Post-Stipulation Case Law Does Not Render CIGA Stipulation Invalid
Practice: Insurance
Feb 2010
Langston v. North American Asset Development Corporation Group Disability Plan ? ERISA Plaintiff Who Obtained Remand Order Deemed Prevailing Party
Practice: ERISA, Insurance
Feb 2010
Zhang v. Superior Ct. (Cal. Capital Ins. Co.) - Review Granted and Opinion Superseded by California Supreme Court Case No. S178542 (February 10, 2010)
Practice: Appellate, Insurance
Feb 2010
State Farm General Insurance Company v. JT's Frames, Inc. - Transmission of Unsolicited Facsimiles is not "Advertising Injury" or "Property Damage"
Practice: Insurance
Feb 2010
Fire Insurance Exchange v. The Superior Court of San Bernardino County - Insureds' Mistaken Belief Does Not Qualify For Coverage
Practice: Insurance
Feb 2010
Total Call International, Inc. v. Peerless Insurance Company ? Claim that Insured Falsely Advertised its Product Not Covered as "Advertising Injury"
Practice: Insurance
Jan 2010
American States Insurance Company v. Progressive Casualty Insurance Company et al. - Insured Status Under Omnibus Clause
Practice: Insurance
Jan 2010
California Supreme Court Limits Plaintiffs' Ability to Recover Inflated Attorneys' Fees in FEHA Cases
Practice: Employment
Jan 2010
California Court of Appeal Further Clarifies What Constitutes Sexual Harassment
Practice: Employment
Jan 2010
United States Life Insurance Co. v. Superior National Insurance Co. - Arbitration Panel's Ex Parte Meeting with Neutral Experts Not Unfair
Practice: Insurance, Life, Health & Disability
Jan 2010
Baker v. National Interstate Insurance Company Products - Completed Operations Exclusion Applies to Completed Services Unrelated to Any Product
Practice: Insurance
Jan 2010
Insurance Law Quarterly Newsletter
Practice: ERISA, Insurance, Life, Health & Disability
Jan 2010
UDC-Universal Development, L.P. v. CH2M Hill ? Duty to Defend Triggered at Time of Tender
Practice: Insurance
Jan 2010
Trinity Universal Ins. Co. v. Employers Mut. Cas. Co. - Pro-Rata Co-Insurers have Right of Contribution for Cost of Defense
Practice: Insurance
Jan 2010
Cabral v. Ralph's Grocery Company - Driver parked in an "emergency parking only" area adjacent to freeway owes no duty to drivers on freeway.
Practice: Tort & Product Liability
Jan 2010
Consultant's Duty to Defend Under a Contract with Developer Arises At the Time of Tender Despite the Lack of a Finding of Negligence Against the Consultant.
Practice: Construction
Jan 2010
Association of California Insurance Companies. v. Poizner - 2006 Amendments to Proposition 103 Regulations Upheld as Valid
Practice: Insurance
Jan 2010
Appellate Court Addresses Consultants’ Liability re: Failure to Timely Prepare an EIR under CEQA
Practice: Construction
Jan 2010
Recent Developments in ERISA Case Law
Practice: ERISA, Insurance
Jan 2009
Ninth Circuit Holds Insurer That Provided Notice Of Cancellation Of Policy By Certified Mail Did Not Satisfy "Mailed" Requirement Of Washington Statute Regarding Cancellation Where Notice Was Returned To Insurer Undelivered, Rendering Cancellation Ineffective.
Practice: Insurance
Sep 2008
Liability of Supervisors For Discrimination and Retaliation
Practice: Employment
Apr 2003
The Madrid Protocol: A New Tool For Internatioanl Trademark Protection
Practice: Intellectual Property, International
Jan 1900
Publications
Jan 1900
Duty to Defend in Colorado: An Exception to the Four Corners Rule
Practice: Construction
Jan 1900
Contractual Right to Repair in Arizona in the Absence of Laws Like California’s SB 800
Practice: Construction
Jan 1900
Washington Supreme Court Further Clarifies “Deliberate Intention” Exception to Industrial Insurance Act
Practice: Construction
Jan 1900
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