Mon.Jul 22, 2024

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Agreement in ESI Protocol to Provide a “Metadata-Only” Privilege Log Was Enforced

E-Discovery LLC

In Linet Americas , Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court enforced an ESI Protocol that called for a “metadata-only” privilege log, even though parts of the metadata were redacted by the producing party. The holding ultimately hinged on the text of the ESI Protocol and an unforced error by defendants in failing to ask for information that the ESI Protocol permitted it to get.

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US Severe Storms Continue to Drive Global Natural Disaster Losses: Gallagher Re

Insurance Journal

US severe convective storms (SCS) continued to drive global natural catastrophe losses during the first half of 2024.

Insurance 121
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EU-U.S. Data Privacy Framework Under Scrutiny in First Annual Review

Complex Discovery

Editor’s Note: This article discusses the first annual review of the EU-U.S. Data Privacy Framework (DPF), which serves as a crucial mechanism for enabling safe and efficient data transfers between the European Union and the United States. Implemented on July 10, 2023, the DPF arose from previous agreements that failed to meet legal scrutiny. The framework represents a significant step in bolstering privacy protections while acknowledging the interdependence of transatlantic trade and inve

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Trigger Warning: Cyber Policy Wordings to Impact Coverage for Tech Outage

Insurance Journal

Industry stakeholders continue to try to get a grasp of the implications from last week’s massive technology outage affecting motley industries around the world, but the theme of policy language is reoccurring for a cyber insurance industry not known for …

Insurance 118
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Trellis Launches Trellis AI to Streamline Trial Court Litigation

Trellis AI leverages the largest repository of state trial court data to help litigators evaluate cases, automate brief drafting, suggest winning strategies, and more. Key components: Draft Arguments — Uses similar/successful motions in the Trellis database to generate arguments/citations for your motions seeking dismissal, summary judgment, etc. Case Assessment — Predict the likely outcomes of a case at any stage to help you decide to accept it, guide motion practice, make settlement offers, an

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CAFC Invalidates Remaining Claim on Data Transmission Patent, Remands Substitute Claims for Collateral Estoppel Determination

IP Watchdog

Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in ZyXEL Communications Corp. v. UNM Rainforest Innovations affirming obviousness findings entered by the Patent Trial and Appeal Board (PTAB) over UNM Rainforest Innovations’ (UNMRI) arguments that ZyXEL’s expert witness misrepresented his contributions to an expert report relied upon by the Board.

Witnesses 104
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FEMA Gives SW Florida a Few More Months on Flood Insurance Discounts

Insurance Journal

Communities in southwest Florida will continue to enjoy discounts on National Flood Insurance, at least for now, after federal authorities granted a temporary reprieve to punitive actions taken over inappropriate rebuilding in floodplains.

Insurance 111

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Allstate, State Farm Sued Over $4 Billion Maui Fire Settlement

Insurance Journal

A half-dozen Maui wildfire victims sued a group of insurers, including State Farm and Allstate, accusing them of throwing a wrench into a tentative $4 billion deal to settle their claims.

Insurance 111
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How To Survive Corporate Restructurings And Layoffs

InHouseBlog

Corporate restructurings and layoffs impact the entire workforce. In-house counsel should prepare to survive and thrive.

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Houston Utility Slammed Over Fumbled Response to Beryl Power Outages

Insurance Journal

Thousands of people in the Houston area were still without power more than a week after Hurricane Beryl tore through the fourth-largest US city.

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Copyright Office Finalizes Group Registration Option for News Sites

IP Watchdog

The U.S. Copyright Office has implemented a rule that offers a new group registration option for frequently updated news websites. The option would allow online news sites to register “a group of updates to a news website as a collective work with a deposit composed of identifying material representing sufficient portions of the works, rather than the complete contents of the website.

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Trial Prep: What Attorneys Really Want (And How to Deliver It)

Speaker: Joe Stephens, J.D., Attorney and Law Professor

Get ready to uncover what attorneys really need from you when it comes to trial prep in this new webinar! Attorney and law professor, Joe Stephens, J.D., will share proven techniques for anticipating attorney needs, organizing critical documents, and transforming complex information into compelling case presentations. Key Learning Objectives: Organization That Makes Sense 🎯 Learn how to structure and organize case materials in ways that align with how attorneys actually work and think.

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Beef Between Wholesale and Retail Agents Should Go to Trial, Court Finds

Insurance Journal

A federal judge has ruled that a wholesale insurance agent’s claim against a retail agent for allegedly misrepresenting the exposure of an insured regarding violations of the federal telemarketing law should proceed to trial.

Retail 105
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Are Patents to Blame for High Drug Prices? | IPWatchdog Unleashed

IP Watchdog

Pharmacy benefit managers, or simply PBMs, are often owned by either the pharmacies themselves or sometimes by insurers, which creates a lot of self-dealing to say the least. These PBMs are middlemen who receive 50% of the value of the drug, significantly raising drug prices. This has nothing to do with IP whatsoever.

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Wisconsin Waste Management Company Faces $367K Fine for Endangering Workers

Insurance Journal

Had John’s Disposal Service Inc. and John’s Recycling Inc.

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“UNNECESSARILY ARGUMENTATIVE OR WASTEFUL CORRESPONDENCE” NOT COUNTENANCED IN COSTS BUDGETING: “IT TAKES TWO TO TANGO”

Civil Litigation Brief

The post earlier this morning on “intemperate” comments in court documents and correspondence reminded me that I meant to highlight a particular aspect of the judgment in Pan NOx Emissions Litigations [2024] EWHC 1728 (KB). The judgment highlights that unnecessarily argumentative.

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Visibility Into the Strategy & Supporting Documents of Major US Law Firms

Law Firm Intelligence by Trellis aggregates state trial court data across the Trellis platform enabling users to: look up a particular metric related to a specific law firm (such as, how many cases a law firm had or has against another law firm), and see the actual dockets and documents supporting the metric. Trellis data is maximized in a revolutionary and unique way to provide users an exclusive look into a law firm litigating in state trial courts.

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Vulnerabilities in Non-Banks Leave Door Open to ‘Shocks’, G20 Watchdog Says

Insurance Journal

Patchy progress on implementing reforms to make money market funds and other types of “non banks” safer has left the global financial system vulnerable to more shocks, the G20’s risk watchdog said on Monday.

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Challenge to Labor Dept. ESG rule kicked back to lower court

Legal Dive

A U.S. Appeals Court vacated a prior ruling, which relied on the overturned Chevron doctrine, and sent it back to Texas’ Northern District “given the upended legal landscape.

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Plane Crash Near Northeast Ohio Airport Kills 3; Authorities Investigating

Insurance Journal

VIENNA, Ohio (AP) — A plane trying to make an emergency landing at an airport in northeastern Ohio crashed, killing all three people aboard, authorities said.

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Buyers advised not to oversell help to a seller facing earn-out goals

Legal Dive

Even if the promises aren’t formalized in the purchase agreement, they can come back to bite you, attorneys say in an analysis of a contractual case.

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Deposition Prep Like a Pro: Insights from a Paralegal's Playbook

Speaker: Kaitlyn "The Persnickety Paralegal" Story

Deposition preparation is a critical aspect of a paralegal's role, requiring meticulous attention to detail and proactive management of the case timeline. In this session, participants will explore how effective deposition preparation not only contributes to the success of the legal team but also helps maintain a balanced workflow, minimizing last-minute crises.

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Allianz Sees Damages Worth Tens of Millions for German Vineyards

Insurance Journal

Insurer Allianz SE expects to pay German winemakers tens of millions of euros in insurance claims this year after many vineyards lost their entire harvest to heavy frosts.

Insurance 100
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SEC Charges Two Sales Agents for Role in $112 Million Ponzi Scheme that Targeted Haitian-American Community

Securities Docket

Yesterday, the Securities and Exchange Commission charged Broward County, Florida residents Ricardi Celicourt and Brisly Guillaume with violations of the securities registration and broker-dealer registration provisions of the federal securities laws in connection with their participation in an unregistered securities offering by Royal Bengal Logistics Inc., which fraudulently raised approximately $112 million from 1,500 investors and targeted Haitian-Americans.

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Delta Warns Cancellations to Stretch for Days After Outage

Insurance Journal

Delta Air Lines Inc. expects to cancel more flights this week as the carrier tries to recover from a crippling technology outage.

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IT Meltdown Triggers Corporate Reporting Requirements: Explained

Securities Docket

The IT failure also puts pressure on the two companies at the center of the chaos—Microsoft Corp. and cybersecurity company CrowdStrike Inc.—to disclose details to investors and Wall Street regulators. Both companies will be expected to share via securities filings with the market both the immediate news of the mass outage and the subsequent estimated impact on their business operations and customers.

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Stay On Top of Newly Filed State & Federal Litigation: Curated Just for You!

With Daily Filings Report by Trellis you will receive an email and csv file daily with all new cases filed in the jurisdictions you're tracking. Each new case will include all case metadata like judge, parties, counsel, practice area, and even direct links to the full docket and complaint. Trellis Daily Filings Reports provide direct access to newly filed state and federal litigation curated just for you.

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People Moves: WTW’s Risk & Broking Unit Names Marsh’s Clarke as President, Garrard Appointed Chair; Everest Names McBride, Garcia for Key Claims Roles

Insurance Journal

This edition of International People Moves details appointments at insurance broker WTW and the re/insurer Everest Group. A summary of these new hires follows here.

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SEC Sues Two Floridians, Saying They Aided in $112 Million Fraud

Securities Docket

The Security and Exchange Commission sued two Florida residents for their alleged roles in a $112 million fraud scheme targeting South Florida’s Haitian-American community. Ricardi Celicourt and Brisly Guillaume acted as unregistered brokers for Royal Bengal Logistics Inc., a trucking and logistics company sued last year by the SEC for running that scheme, according to the complaint.

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St. Pete Approves New Rays Ballpark and Redevelopment of Current Site

Insurance Journal

ST. PETERSBURG, Fla.

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BF Borgers Collapse Reveals Uncomfortable Truth About Accounting

Securities Docket

When will we—the CPA firms, along with standard-setters, regulators, membership organizations, and buyers of audit services—confront the sobering truths our profession’s own numbers tell? BF Borgers’ downfall inadvertently brings to light hidden figures that expose the darker truths of public accounting. It also underscores an overemphasis on price as the primary competitive edge among audit firms.

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Buffett’s PacifiCorp Suspected of Collusion by Wildfire Victims’ Law Firms

Insurance Journal

The law firms leading class-action litigation against PacifiCorp over the 2020 Labor Day weekend wildfires in Oregon want to examine whether the utility owned by Warren Buffett’s Berkshire Hathaway is colluding with other law firms to reach lowball settlements with …

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LexisNexis announces new capabilities for Lexis+ AI including RAG enhancements

Legal IT Insider

LexisNexis Legal & Professional today (22 July) announced a set of new capabilities in its gen AI solution Lexis+ AI, which enables conversational search and provides summarization, intelligent legal drafting, […] The post LexisNexis announces new capabilities for Lexis+ AI including RAG enhancements appeared first on Legal IT Insider.

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Pennsylvania Shaved $98 Million Off Insurer Rate Requests in First Half of Year

Insurance Journal

The Pennsylvania Insurance Department (PID) reported that it has saved consumers $98.3 million in annual auto, home and other property/casualty insurance premiums in the first six months of 2024 through its review of insurance company rate filings.

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Superior Court of Los Angeles County suffers ransomware attack

Legal IT Insider

The Superior Court of Los Angeles County’s Court Technology Services (CTS) Division suffered a ransomware attack on Friday 19 July leading to it having to shut down the Court’s internal […] The post Superior Court of Los Angeles County suffers ransomware attack appeared first on Legal IT Insider.

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Oil Slick Off Texas Coast Tied to Abandoned Platform in Gulf

Insurance Journal

Federal and state officials are developing plans to respond to an oil sheen in the Gulf of Mexico tied to an abandoned platform at least eight miles off the Texas coast.

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A Second Look at Third-Party Token Allegations in the SEC’s Case Against Binance

Securities Docket

Last week, a federal judge said she would review her ruling in the U.S. Securities and Exchange Commission’s (SEC) case against Binance and affiliated entities (namely Binance.US and founder Changpeng Zhao) after attorneys for the world’s largest crypto exchange said they interpreted the ruling in a specific way beneficial to them. During a hearing on July 9, attorneys for Binance said they interpreted Judge Amy Berman Jackson’s June 28 ruling on Binance’s motion to dismi

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