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Case review 05/26/2023
High Court makes first decision on the ‘judicial exemption’ to subject access rights in UK GDPR and Data Protection Act 2018
The High Court decision of X v The Transcription Agency (1) Master James (2) [09.05.2023] is the first detailed consideration of the scope of the judicial exemption to the right to access to personal data under the UK GDPR (General Data Protection Regulation) and Data Protection Act 2018 (the DPA 2018). As such, it is of interest to all data protection practitioners.
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Article 05/26/2023
De Bene Esse depositions: A trial testimony insurance policy
In the wake of COVID-19, litigators all across the United States are noticing an old, yet infrequently utilized, evidentiary tool emerge to address unexpected trial witness unavailability: the de bene esse deposition. A Latin legal term literally translated to “of well being,” the phrase refers to various acts which are conditional, provisional or anticipatory. De bene esse proceedings have been used in traditional English law (and in the London market) for hundreds of years; as far back as in the 1744 publication Equity Cases Abridged, the phrase was used to describe the deposition of a witness before trial in the Court of Chancery. In the context of American law, a proceeding de bene esse is one "which [is] taken ex parte or provisionally and [is] allowed to stand as well done for the present." See Black's Law Dictionary, 5th edition.
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Article 05/26/2023
An in-depth look at changes impacting insurers arising from Florida's new tort reform act
On March 24, 2023, Florida passed a sweeping tort reform bill into law, making major changes to civil litigation in the state. In anticipation of the Governor signing the bill into law, the number of new cases initiated throughout the state in March 2023 was 280,122. Of that amount, 71,000 came from Miami-Dade County (Miami) and 53,000 from Hillsborough County (Tampa). These numbers are staggering.
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Article 05/25/2023
Claims Apprentice 2023: Episode 4 – Claims Inflation Podcast (Part 1)
The fourth episode of the fourth series of Claims Apprentice, in association with Insurance Post, has launched and is now available to view.
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Article 05/19/2023
Hong Kong Regulatory Insurance Update April 2023
In this April 2023 edition of Regulatory Insurance Update, the Hong Kong Corporate & Commercial Team provide the latest updates relating to the law and regulations, developments, and news in the insurance industry in Hong Kong.
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Article 05/18/2023
Claims Apprentice 2023: Episode 3 – Travel Claims: Fact or Fiction
In this episode teams Aspire and Connect take part in an insurance-related gameshow, based on the classic TV show ‘Call My Bluff’.
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Article 05/16/2023
Arbitration agreements in New Jersey
On May 16, 2022, the Appellate Division decided two cases which involved arbitration agreements. On both cases, Judge Gilson, J.A.D. was the opinion’s author. In the first, the panel held the arbitration agreement was enforceable. However, in the second, which involved a minor plaintiff, the appellate panel held that the minor plaintiff had the right to disaffirm the arbitration agreement. The following is an analysis of both cases, which when viewed together, serve a refresher of the nuances of arbitration agreements in New Jersey.
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News 05/12/2023
Kennedys in Australia promotes liability partner
Kennedys has promoted liability claims specialist Emily Unger to the Australian partnership.
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Article 05/11/2023
Identifiable trends in LAC data protection legislation
While data protection legislation has existed throughout Latin America and the Caribbean since the early 2000s, the enactment of the European Union’s General Data Protection Regulation (GDPR) in 2018 triggered a wave of legislation in Latin America and the Caribbean, modeled after the protections and obligations enumerated within that landmark European law.
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Article 05/11/2023
Claims Apprentice 2023: Episode 2 – Data Escape Room
In this episode teams Aspire and Connect are challenged with their first task: to solve a series of puzzles to escape an escape room.