Ethnicity-Based 'Economic Loss' Testimony Unconstitutional
June 01, 2016
Two years ago, a bombshell decision issued in the Eastern District of New York by Judge Jack B. Weinstein held that it is unconstitutional to use ethnicity-based statistics to calculate future economic loss in a tort case. <I>G.M.M. v. Kimpson</I>, 2015 U.S. Dist. LEXIS 99715 (E.D.N.Y. July 30, 2013).,
The SEC Whistleblower Program
June 01, 2016
Last month, in Part One of this article, the authors examined the overall structure, operation and experience of the SEC's Whistleblower program over the first five years of its operation. In Part Two herein, they take a closer look at how the Office of the Whistleblower (OWB) processes Whistleblower claims.
New York's Additional Insured Form Endorsement
June 01, 2016
Now, more than ever, lawyers drafting or reviewing contracts providing for additional insured liability coverage must closely review the underlying insurance policies providing such coverage.
Enjoining Actions Against Non-Debtors
June 01, 2016
A recent decision by the Seventh Circuit, appears to change the playing field in debtors' favor. <I>In re Caesars Entm't Operating Co</I> established a two-part test that appears far more favorable to debtors than the previous standards applied to such injunctions.
Editor's Note
June 01, 2016
Editor's NoteDear Readers: It is with the deepest regret that we must inform you that this issue of The Insurance Coverage Law Bulletin will be the last.…
EU Cybersecurity Directive Update
June 01, 2016
Cyber attacks and IT security breaches are being constantly reported (the "Panama Papers" being the most recent spectacular example), and almost certainly represent just the tip of the iceberg. No one can doubt that cybersecurity is a very significant global issue with cybercrime a major international menace ' any statistics about these issues always make for grim reading.
FCC's Proposed Rulemaking For Broadband Internet Access Providers
June 01, 2016
In 2015, the FCC issued its Open Internet Order, applying Section 222 of the federal Communications Act to broadband Internet access services (BIAS), and in doing so took jurisdiction over privacy and data security matters for Internet Service Providers (ISPs). Having taken on BIAS, the Commission needed to address the FCC's privacy and data protection regulatory scheme.
Third-Party Intermediary FCPA Exposures
June 01, 2016
In last month's newsletter, the author shone a light on the risk that a third party ' like a consultant, agent, broker or distributor ' will involve the company in activities that could expose it to liability for violations of the the Foreign Corrupt Practices Act (FCPA), the government's primary weapon against bribery of foreign officials. That discussion concludes herein.
