More Insurance Coverage

Expert Analysis

• Private Equity Owners Can Remedy Law Firms' Agency Issues

  

  Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

• Okla. Workers' Comp Case Could Mean Huge Shift In Claims

  

  An Oklahoma appeals court's recent opinion in Prewitt v. Quiktrip Corp. may expand the scope of continuing medical maintenance orders in workers' compensation cases to unprecedented levels — with potentially major consequences for employers and insurers, says Steven Hanna at Gilson Daub.

• How Reps And Warranties Insurance Can Aid Sellers In M&A

  

  Amid the current slowdown in the M&A climate, representation and warranty insurance offers sellers a number of advantages, including protection against fraud and possible leverage to insist on a no-seller-indemnity deal, say Alex Leibowitz and Eric Jesse at Lowenstein Sandler.

• ESG Around The World: Australia

  

  Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.

• Ore. Warranty Ruling Complicates Insurance Classification

  

  The Oregon Court of Appeals' recent TruNorth v. Department of Consumer and Business Services holding that a service contract — commonly referred to as an extended warranty — covering commercial property is subject to the state's consumer service contract laws raises regulatory questions for contract obligors, sellers and administrators, say attorneys at Locke Lord.

• 2nd Circ. Reinsurance Ruling Correctly Applied English Law

  

  Contrary to a recent Law360 guest article's argument, the Second Circuit correctly applied English law when it decided in Insurance Company of the State of Pennsylvania v. Equitas that concurrent reinsurance certificates required the reinsurer to cover loss in accordance with the law of the policy's governing jurisdiction, say Peter Chaffetz and Andrew Poplinger at Chaffetz Lindsey.

• ALI, Bar Groups Need More Defense Engagement For Balance

  

  The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

• FCA Liability Lessons From HHS Psychotherapy Audit

  

  The U.S. Department of Health and Human Services' recent finding of improper Medicare payments for psychotherapy services provided in 2020-2021 might inspire whistleblowers to pursue allegations under the federal False Claims Act, but there are reasons to be skeptical of converting these audit results into expansive FCA liability, say attorneys at Sidley.

• What's Next For 5th Circ.'s ACA Preventive Care Suit

  

  The Fifth Circuit's high-profile Braidwood v. Becerra case has significant ramifications for Affordable Care Act coverage requirements, and there is precedent to suggest that it could be ultimately decided by the U.S. Supreme Court, says Nicholas DiCarlo at Zuckerman Spaeder.

• 2nd Circ. Reinsurance Ruling Misconstrues English Law

  

  The Second Circuit's finding in Insurance Company of the State of Pennsylvania v. Equitas Insurance, that London-based reinsurer Equitas owed coverage for losses outside the policy period, stems from that court's misinterpretation of English law on reinsurance policy construction, says Christopher Foster at Holman Fenwick.

• Firm Tips For Helping New Lawyers Succeed Post-Pandemic

  

  Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

• 6th Circ. Judge Correctly ID'd ERISA Civil Procedure Conflict

  

  While the Sixth Circuit in Tranbarger v. Lincoln Life & Annuity recently affirmed a ruling that denied the plaintiff's disability benefits, one judge's concurrence should be commended for arguing that adjudication of such Employee Retirement Income Security Act cases fundamentally contradicts the Federal Rules of Civil Procedure, says Mark DeBofsky at DeBofsky Law.

• Prepping Your Business Ahead Of Affirmative Action Ruling

  

  The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.