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When Does a 'Claim' Arise for Purposes of an Employment Practices Liability Insurance Policy?
Many times a policyholder-employer can predict the potential for an employment-related claim long before that claim materializes into formal litigation. An employee, for example, may complain to a supervisor about an unlawful employment practice. She then may submit a written complaint to human resources. If that complaint does not get resolved to her satisfaction, the employee may file a complaint with an administrative agency, such as the Equal Employment Opportunity Commission (“EEOC”), or have her attorney send a letter to the policyholder-employer. After exhausting her administrative remedies, the employee may file a lawsuit.
Employers insure against losses arising from certain employment-related claims by obtaining employment practices liability insurance (“EPLI”) policies. Critical to those policyholder-employers is the question of at what stage of the process, described above, must the insurers be placed on notice. The failure to give timely and proper notice, under certain circumstances, could result in the forfeiture of coverage. As will be explained below, the answer to this question often is controlled by the policy's definition of a “claim.” The definition, however, varies among different EPLI policies. In addition, the specific content of an employee's complaint can affect the answer. This article analyzes different trends in the law concerning what constitutes a “claim” for purposes of an EPLI policy.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.