Washington Supreme Court rules that insurers may not recoup defense costs paid while defending under a reservation of rights *

USA - April 9 2013
On March 7, 2013, the Supreme Court of Washington joined a growing number of states holding that an insurance company cannot recoup defense costs…

Co-authors: Eric M. Gold, Erica J. Dominitz .

Property insurance and severe weather *

USA - November 8 2012
As the Northeast continues to recover from Hurricane Sandy, many businesses are assessing insurance coverage for claims related to expenses, property damage, or loss due to business interruption resulting from the storm.

Co-authors: John D Niles, Erica J. Dominitz , Barry J. Fleishman, David L. Cox.

Insurance may cover losses for companies sued for recording zip codes *

USA - June 1 2012
Last year, the California Supreme Court held that retailers may violate the Song-Beverly Credit Card Act of 1971, Cal. Civil Code § 1747 et seq., enacted to protect the personal privacy of credit card users, by requesting and recording zip codes during credit card transactions because zip codes qualify as protected "personal identification information" under the Act.

Co-authors: Brent W. Brougher.

VSI v. Creative Pipe: the evolution of the obligation to preserve ESI *

USA - October 11 2010
It has been seven years since Judge Sheindlin issued the first of her six Zubulake opinions, addressing in detail the obligations of litigants to preserve and produce relevant electronically stored information ("ESI").

Co-authors: Christina E. Fahmy, Barry J. Fleishman.