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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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 …

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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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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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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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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.

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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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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.

Insurance 110
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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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Treasury Warns That Anti-Woke Banking Laws Like Florida’s Are Security Risk

Insurance Journal

WASHINGTON (AP) — The Treasury Department is warning that state laws that restrict banks from considering environmental, social and governance factors could harm efforts to address money laundering and terrorism financing.

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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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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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Fire Severe Damages Historic First Dallas Baptist Church Sanctuary

Insurance Journal

A fire all but destroyed the historic church sanctuary at First Baptist Dallas, sending smoke billowing over the city but causing no deaths or injuries, Dallas firefighters said.

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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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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.

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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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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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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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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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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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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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Without Backup Plans, Global IT Outages Will Happen Again

Insurance Journal

Elements of Friday’s global IT outage, which grounded planes and hit services from banking to healthcare, have occurred before and until more contingencies are built into networks, and organizations put better back-up plans in place, it will happen again.

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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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Jury Faults New York Railroad — Mostly — for 2015 Crossing Crash That Killed 6

Insurance Journal

A commuter railroad is mostly at fault for a fiery and deadly 2015 collision between a train and an SUV at a suburban New York crossing, a jury has found in a verdict that lays out how the bill for …

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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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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 105
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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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British Insurers Propose Green Infrastructure Funding Model

Insurance Journal

Britain’s insurers set out plans on Monday on how to channel billions of pounds freed up from their safety buffers into infrastructure such as EV charging stations to boost growth.

Insurance 104
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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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Fire-Hit Tanker Enters Malaysia Terminal Area After Being Detained by Coast Guard

Insurance Journal

A tanker that was involved in a collision near Singapore last week entered the area of Malaysia’s Bertam floating oil terminal on Monday morning after it was intercepted by local authorities on Sunday, shipping data from LSEG and Kpler showed.

Insurance 103
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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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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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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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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.

Insurance 105
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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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Dark Fleet Caper Exposes Growing Risks in Crowded Malacca Strait

Insurance Journal

A collision that set two vessels ablaze off Singapore has underlined the growing risks in the crowded Straits of Malacca, as the dark fleet expands and lackluster Chinese demand leaves dozens of the tankers idling.