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Article 2023-02-03
The Video Privacy Protection Act (VPPA) was enacted in 1988, and provides that a video tape service provider who knowingly discloses the personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person. The law was put in place to “preserve personal privacy with respect to the rental, purchase or delivery of video tapes or similar audio visual materials.” S. REP. 599, 1988 U.S.C.C.A.N. Over the past decade, there has been a trickle of class action lawsuits filed under the VPPA, although in recent times, technological growth has allowed lawsuits to proliferate at a more rapid pace.
Article 2023-02-03
As the shipping industry gradually moves towards adopting electronic trade documents, there is a significant risk that the legal mechanisms facilitating this change will add further challenges, despite the best of intentions. As the UK Government consults on the proposed legal reform, we consider some of the practical issues that may arise as technological systems compel a renewed approach.
Article 2023-02-02
Covenants restricting competitive activity often appear in employment contracts or in agreements related to the sale of a business. At their heart, these covenants are intended to protect the business goodwill of an enterprise. Too frequently, however, covenants are overly broad and restrict persons who do not truly pose a risk of harm to the goodwill of the business. It is not surprising then that a growing number of jurisdictions are limiting or outright banning restrictive covenants. Indeed, there has even been a call for federal attention to curtail the use of restrictive covenants as a way to promote competition in the US economy.
Article 2023-02-02
On January 27, 2023, the SEC’s new Executive Compensation Clawback Rules became effective. The rules require listed companies to: (1) develop and implement a policy to recover erroneously awarded incentive-based compensation received by current or former executive officers; and (2) satisfy related disclosure obligations. With new rules, come new risks. At a minimum, companies will have to closely examine the new rules and establish protocol to ensure adequate compliance and disclosure.
Article 2023-02-02
The majority of publicly traded companies are incorporated in Delaware but have their principal place of business in another state. This can raise thorny issues of what state’s laws should apply to an insurance coverage dispute under the company’s directors and officers liability policy. In Stillwater Mining Company v. National Union Fire Insurance Company of Pittsburgh, PA et al., C.A. No. N20C-04-190 (Del. Jan. 12, 2023), the Delaware Supreme Court weighed in on choice of law principles under Delaware law as well as coverage under D&O policies for shareholder appraisal actions.
Report 2023-01-30
Drawing on our experience across various risks, this 2023 insurance forecast report highlights some of the key trends that we anticipate will shape the insurance agenda for 2023 and beyond.
Article 2023-01-24
At first glance, the waters can be murky when wading through a determination of a maritime employee’s status as a Jones Act seaman or a longshoreman. The determination of whether an individual is a Jones Act seaman or a longshoreman, which determination is based on the individual's job duties, the nature of their work, and the specific circumstances under which the individual is employed, is critically important. The Jones Act, 46 U.S.C. § 688, and the Longshore and Harbor Workers' Compensation Act (“LHWCA”), 33 U.S.C. § 901 et seq., each provide different legal protections and remedies for workers who are injured on the job.
Case review 2023-01-19
High Court of England and Wales provides clarification on the test to be applied in determining whether an event resulting in bodily injury during carriage by air amounts to an accident within the meaning of the Montreal Convention 1999.
Article 2023-01-09
On December 27, 2022, the Supreme Court of Ohio unanimously ruled that a businessowners property insurance policy issued by Owners Insurance Co. (Owners) to EMOI Services, LLC (EMOI) did not afford coverage for losses sustained in a ransomware attack because computer software is “entirely intangible” and “cannot experience ‘direct physical loss or physical damage’.
Article 2023-01-06
A new year inevitably brings changes to existing laws and “time-limited demands” are no exception. Parties and jurists use different names to refer to such demands, including “time limit demands,” “policy limit demands,” or “time-limited settlement offers.” They may also take the form of statutory “998 Offers to Compromise” pursuant to California Code of Civil Procedure § 998, which often seek a specific amount equal to the limits of an insurance policy.
