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Valuing Plaintiff's Recoverable Damages
When an insurer partially compensates its policyholder for a loss caused by a responsible party, it may assert a subrogation claim against the responsible party to recover the amount of the insurance benefits paid. The responsible party then is faced with two actions against it: a tort action and a subrogation action by the plaintiff's insurer. The party may find it in its interests to settle the subrogation action before or during the pendency of the tort action. If the defendant's settlement reimburses the insurer for all the benefits paid to the plaintiff (its policyholder), then any damages award will be reduced to account for the benefits paid.
But what happens when the responsible party settles the subrogation claim for less than the amount of benefits paid by the insurer? Can the party then offset a damages award by the full amount of the subrogation claim, and in so doing, potentially pay less than the full amount of the damages it caused? Only a few courts around the country have addressed this question, and they are split on the issue. This article examines the most recent decision, a particularly lucid, albeit unpublished, decision by the California Court of Appeal in De Anza Interiors, et al. v. Hsu, et al., 2011 WL 6402146, No. CV-08-2550 (Cal. Ct. App. Dec. 21, 2011), which answers the question in the affirmative.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.