New York Law Journal | Analysis
By Jillian Raines and David J. Matulewicz-Crowley | May 22, 2023
While Insurers routinely contend that this prohibition applies equally to policyholders in discovery disputes, a recent decision by Judge Jesse Furman in the Southern District of New York clarifies that this limitation on the scope of work product "applies to insurers ... and not to insureds."
New York Law Journal | Analysis
By Ellen M. Dunn, Joan M. Loughnane and Mallory W. Edel | May 22, 2023
While the topic is seemingly ubiquitous now, life insurance regulators have been grappling for several years with the potential risks and benefits of insurers using AI, and the large external data sources utilized by AI, in underwriting and other insurance practices.
New York Law Journal | Analysis
By Thomas J. Maroney and Hilary F. Simon | May 22, 2023
When determining which insurer will fund a settlement or verdict in a construction related incident involving a "grave injury" governed by the New York Labor Law, commercial general liability (CGL) insurers must confront the rule of anti-subrogation before Workers' Compensation 1B unlimited coverage can be triggered. This is a fertile ground for disputes in "grave injury" defense litigation.
By Ethan W. Middlebrooks and Allen R. Wolff | May 22, 2023
Litigation following a construction project is as common as a coffee shop in Manhattan. The availability of insurance coverage can be pivotal to the defense and resolution of such lawsuits. However, insurance coverage for construction defects litigation in New York has long been clouded by misunderstandings surrounding the First Department's 1994 decision in George A. Fuller v. U.S. Fidelity & Guaranty.
New York Law Journal | Analysis
By Wendy Stein Fulton and Lloyd Gura | May 22, 2023
The state's legislative response presents an interesting case study on government efforts to curb the impact of bad faith laws as a result of lessons learned from this tragedy.
New York Law Journal | Analysis
By Jack Yoskowitz and Laura Miller | May 15, 2023
Because public relations firms are strangers to the attorney-client relationship, these communications raise important questions concerning how far the protections of the attorney-client privilege extend. As with any third party, the presence of an attorney on an e-mail chain does not necessarily shield the communication from disclosure—and in fact, the inclusion of that third party may waive privilege that would otherwise apply.
New York Law Journal | Analysis
By Benjamin M. Daniels, Arila Zhou and Sabrina Galli | May 15, 2023
One year into this litigation boom, plaintiffs continue to sue SPAC management, founders, and sponsors for various alleged breaches of fiduciary duties. A recent decision—Delman v. GigAcquisitions3—could accelerate that trend and portend a narrowing of available defenses.
New York Law Journal | Analysis
By Mark S. Sidoti and Daniel S. Weinberger | May 15, 2023
The U.S. Supreme Court's decision could have significant ramifications for ADA litigation that has been wildly proliferating in the Second Circuit and elsewhere for the past decade.
New York Law Journal | Analysis
By Marko R. Zoretic and Jack Hendershott | May 15, 2023
This article takes a closer look at such cases in the Northern District of Illinois, the preferred venue for the increasingly popular Schedule A design patent cases.
New York Law Journal | Analysis
By Andrew Cohen | May 15, 2023
Case studies are rare in legal finance due to the confidential nature of transactions, but they are particularly helpful to in-house lawyers as they consider how legal finance could benefit their businesses. Burford's financing of several health insurers in the risk corridors litigation is a rare public example.
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