Industry Insider

Labor & Lactation: Employer Requirements for Nursing Mothers

Justice Ruth Bader Ginsburg has said, “Women will only have true equality when men share with them the responsibility of bringing up the next generation.” As involved as a father may be in childrearing, men will never face the logistical dilemmas of breastfeeding working mothers. Federal and some state laws impose requirements on employers to provide breaks and a space for nursing mothers to express milk. These measures that attempt to level the playing field for women benefit employers by allowing them to retain high quality employees who are also mothers. However, our current political landscape may alter the requirements that currently exist.

Read More

It’s Time to Think About Discovery

Since the 2015 amendments to Rules 26 and 34, numerous cases provided guidance that parties should be familiar with in order to: (i) understand the impact the amendments to Rule 26 have on the scope of discovery; and (ii) ensure they are complying with amended Rule 34. Parties that rely solely on pre-amendment cases, motions, arguments, or responses do so at their own peril.

Read More

When Is a Business Risk Covered?

Determining whether business risk exclusions preclude coverage is a complicated, fact-intensive inquiry often misunderstood by both policyholders and insurers — making it one of the most contentious issues in insurance coverage litigation today. In order to protect their claim and ensure that insurers adhere to their contractual obligations, policyholders need to understand what types of losses these exclusions preclude, and more importantly, what they do not preclude. This article discusses the application of the most commonly utilized business risk exclusions and tips for policyholders to maximize their coverage.

Read More

Transfer of Insurance Rights Under Liability Policies as the Result of the Sale of a Business (Revisited)

Joseph Thacker, TRZ Shareholder and Certified OSBA Attorney in Insurance Coverage Law Andrew W. Miller, TRZ Shareholder, Stephen Brown and Seymour Nayer Published in the American Bar Association's Tort Trial & Insurance Practice Law Journal, Fall 2016, Vol. 52, Issue 1

Read More

New Jersey Joins Majority of Jurisdictions Holding that CGL Policies Cover Subcontractor’s Defective Workmanship

On August 4, 2016, the New Jersey Supreme Court in Cypress Point Condominium Association Inc. v. Adria Towers LLC, case number 076348, unanimously held that consequential damages resulting from a subcontractor’s defective work on a condominium complex triggered an insurer’s duty to defend the general contractor.

Read More

Maintaining Privilege During Internal Investigations

Internal investigations have become commonplace in corporate America. They may be spurred by allegations of discriminatory or illegal behavior made by customers, business partners, or employees and can be accompanied by government inquiries or investigations. Not surprisingly, litigation often ensues and the plaintiff will inevitably seek discovery of the documents reviewed and generated during the internal investigation. If the internal investigation was conducted in anticipation of litigation and at the advice of counsel, the company can withhold production of investigative materials on the basis of privilege.

Read More

Is There Coverage for Data Breaches under a Traditional CGL Policy?

Maybe. The Fourth Circuit Court handed policyholders a win when it held that Travelers must defend its policyholder, Portal Healthcare Solutions LLC, against a class action lawsuit alleging that Portal failed to secure hospital medical records. Patients alleged that Portal’s negligence caused their medical records to be accessible through a simple “Google” search. In Travelers v. Portal Healthcare Solutions, the Fourth Circuit Court held that exposing confidential medical records to online searching satisfied the policy’s “publication” requirement because the information was placed before the public. The Portal holding echoed that in Zurich American Ins. v. Sony, wherein Judge Orin found that transmission of customer’s personal identifying information (PII) to the internet constituted a “publication” as defined by the policy, if perpetrated by the policyholder.

Read More

Can Whatsapp Help Lawyers adhere to their Ethical Obligations?

Whatsapp, the world’s most popular chat app, recently announced that its app uses end-to-end encryption for all messages, photos, videos, voice messages, documents, group chats and texts on any device. End-to-end encryption means that each chat has its own security code used to verify calls and messages. The codes are unique to each call or message and chats remain encrypted until they hit the receipient’s device. According to Whatsapp, “[n]o one can see inside that message. Not cybercriminals. Not hackers. Not oppressive regimes. Not even us.”

Read More

Industry Insider: Insurer Risks & Developing Coverage Strategies | a Continuing Legal Education seminar

The Shareholders of Thacker Martinsek presented Industry Insider: Insuring Risks and Developing Coverage Strategies, a Continuing Legal Education (CLE) opportunity to the Northern Ohio business, legal and insurance communities which took place at The Union Club, Cleveland, Ohio December 16, 2015.

Read More

New Rule Aims to Limit the Scope of Discovery in Federal Courts

Thacker Martinsek Shareholder Christine Mayle shared her expertise in the Fall 2015 issue of the Ohio Women's Bar Association Network Newsletter, penning a very current and important summary of the changes taking effect December 1, 2015 to Rule 26(b)(1) of the Federal Rules of Civil Procedure.

Read More
Next Posts

May
1st 2017

Kyle Weigand Elected President of Northwest Ohio Chapter of the Association of Legal Administrators

Kyle Weigand was elected President of the Northwest Ohio Chapter of the Association of Legal Administrators ("ALA") for a two-year term commencing May 1, 2017... Read More

April
28th 2017

Labor & Lactation: Employer Requirements for Nursing Mothers

Justice Ruth Bader Ginsburg has said, “Women will only have true equality when men share with them the responsibility of bringing up the next generation.” As involved as a father may be in childrearing, men will never face the logistical dilemmas of breastfeeding working mothers. Federal and some state laws impose requirements on employers to provide breaks and a space for nursing mothers to express milk. These measures that attempt to level the playing field for women benefit employers by allowing them to retain high quality employees who are also mothers. However, our current political landscape may alter the requirements that currently exist.... Read More

March
14th 2017

It’s Time to Think About Discovery

Since the 2015 amendments to Rules 26 and 34, numerous cases provided guidance that parties should be familiar with in order to: (i) understand the impact the amendments to Rule 26 have on the scope of discovery; and (ii) ensure they are complying with amended Rule 34. Parties that rely solely on pre-amendment cases, motions, arguments, or responses do so at their own peril.... Read More

Industry Insider

Labor & Lactation: Employer Requirements for Nursing Mothers

Justice Ruth Bader Ginsburg has said, “Women will only have true equality when men share with them the responsibility of bringing up the next generation.” As involved as a father may be in childrearing, men will never face the logistical dilemmas of breastfeeding working mothers. Federal and some state laws impose requirements on employers to provide breaks and a space for nursing mothers to express milk. These measures that attempt to level the playing field for women benefit employers by allowing them to retain high quality employees who are also mothers. However, our current political landscape may alter the requirements that currently exist.

Read More

It’s Time to Think About Discovery

Since the 2015 amendments to Rules 26 and 34, numerous cases provided guidance that parties should be familiar with in order to: (i) understand the impact the amendments to Rule 26 have on the scope of discovery; and (ii) ensure they are complying with amended Rule 34. Parties that rely solely on pre-amendment cases, motions, arguments, or responses do so at their own peril.

Read More

When Is a Business Risk Covered?

Determining whether business risk exclusions preclude coverage is a complicated, fact-intensive inquiry often misunderstood by both policyholders and insurers — making it one of the most contentious issues in insurance coverage litigation today. In order to protect their claim and ensure that insurers adhere to their contractual obligations, policyholders need to understand what types of losses these exclusions preclude, and more importantly, what they do not preclude. This article discusses the application of the most commonly utilized business risk exclusions and tips for policyholders to maximize their coverage.

Read More

Transfer of Insurance Rights Under Liability Policies as the Result of the Sale of a Business (Revisited)

Joseph Thacker, TRZ Shareholder and Certified OSBA Attorney in Insurance Coverage Law Andrew W. Miller, TRZ Shareholder, Stephen Brown and Seymour Nayer Published in the American Bar Association's Tort Trial & Insurance Practice Law Journal, Fall 2016, Vol. 52, Issue 1

Read More

New Jersey Joins Majority of Jurisdictions Holding that CGL Policies Cover Subcontractor’s Defective Workmanship

On August 4, 2016, the New Jersey Supreme Court in Cypress Point Condominium Association Inc. v. Adria Towers LLC, case number 076348, unanimously held that consequential damages resulting from a subcontractor’s defective work on a condominium complex triggered an insurer’s duty to defend the general contractor.

Read More

Maintaining Privilege During Internal Investigations

Internal investigations have become commonplace in corporate America. They may be spurred by allegations of discriminatory or illegal behavior made by customers, business partners, or employees and can be accompanied by government inquiries or investigations. Not surprisingly, litigation often ensues and the plaintiff will inevitably seek discovery of the documents reviewed and generated during the internal investigation. If the internal investigation was conducted in anticipation of litigation and at the advice of counsel, the company can withhold production of investigative materials on the basis of privilege.

Read More

Is There Coverage for Data Breaches under a Traditional CGL Policy?

Maybe. The Fourth Circuit Court handed policyholders a win when it held that Travelers must defend its policyholder, Portal Healthcare Solutions LLC, against a class action lawsuit alleging that Portal failed to secure hospital medical records. Patients alleged that Portal’s negligence caused their medical records to be accessible through a simple “Google” search. In Travelers v. Portal Healthcare Solutions, the Fourth Circuit Court held that exposing confidential medical records to online searching satisfied the policy’s “publication” requirement because the information was placed before the public. The Portal holding echoed that in Zurich American Ins. v. Sony, wherein Judge Orin found that transmission of customer’s personal identifying information (PII) to the internet constituted a “publication” as defined by the policy, if perpetrated by the policyholder.

Read More

Can Whatsapp Help Lawyers adhere to their Ethical Obligations?

Whatsapp, the world’s most popular chat app, recently announced that its app uses end-to-end encryption for all messages, photos, videos, voice messages, documents, group chats and texts on any device. End-to-end encryption means that each chat has its own security code used to verify calls and messages. The codes are unique to each call or message and chats remain encrypted until they hit the receipient’s device. According to Whatsapp, “[n]o one can see inside that message. Not cybercriminals. Not hackers. Not oppressive regimes. Not even us.”

Read More

Industry Insider: Insurer Risks & Developing Coverage Strategies | a Continuing Legal Education seminar

The Shareholders of Thacker Martinsek presented Industry Insider: Insuring Risks and Developing Coverage Strategies, a Continuing Legal Education (CLE) opportunity to the Northern Ohio business, legal and insurance communities which took place at The Union Club, Cleveland, Ohio December 16, 2015.

Read More

New Rule Aims to Limit the Scope of Discovery in Federal Courts

Thacker Martinsek Shareholder Christine Mayle shared her expertise in the Fall 2015 issue of the Ohio Women's Bar Association Network Newsletter, penning a very current and important summary of the changes taking effect December 1, 2015 to Rule 26(b)(1) of the Federal Rules of Civil Procedure.

Read More
Next Posts

May
1st 2017

Kyle Weigand Elected President of Northwest Ohio Chapter of the Association of Legal Administrators

Kyle Weigand was elected President of the Northwest Ohio Chapter of the Association of Legal Administrators ("ALA") for a two-year term commencing May 1, 2017... Read More

April
28th 2017

Labor & Lactation: Employer Requirements for Nursing Mothers

Justice Ruth Bader Ginsburg has said, “Women will only have true equality when men share with them the responsibility of bringing up the next generation.” As involved as a father may be in childrearing, men will never face the logistical dilemmas of breastfeeding working mothers. Federal and some state laws impose requirements on employers to provide breaks and a space for nursing mothers to express milk. These measures that attempt to level the playing field for women benefit employers by allowing them to retain high quality employees who are also mothers. However, our current political landscape may alter the requirements that currently exist.... Read More

March
14th 2017

It’s Time to Think About Discovery

Since the 2015 amendments to Rules 26 and 34, numerous cases provided guidance that parties should be familiar with in order to: (i) understand the impact the amendments to Rule 26 have on the scope of discovery; and (ii) ensure they are complying with amended Rule 34. Parties that rely solely on pre-amendment cases, motions, arguments, or responses do so at their own peril.... Read More

Industry Insider

Labor & Lactation: Employer Requirements for Nursing Mothers

Justice Ruth Bader Ginsburg has said, “Women will only have true equality when men share with them the responsibility of bringing up the next generation.” As involved as a father may be in childrearing, men will never face the logistical dilemmas of breastfeeding working mothers. Federal and some state laws impose requirements on employers to provide breaks and a space for nursing mothers to express milk. These measures that attempt to level the playing field for women benefit employers by allowing them to retain high quality employees who are also mothers. However, our current political landscape may alter the requirements that currently exist.

Read More

It’s Time to Think About Discovery

Since the 2015 amendments to Rules 26 and 34, numerous cases provided guidance that parties should be familiar with in order to: (i) understand the impact the amendments to Rule 26 have on the scope of discovery; and (ii) ensure they are complying with amended Rule 34. Parties that rely solely on pre-amendment cases, motions, arguments, or responses do so at their own peril.

Read More

When Is a Business Risk Covered?

Determining whether business risk exclusions preclude coverage is a complicated, fact-intensive inquiry often misunderstood by both policyholders and insurers — making it one of the most contentious issues in insurance coverage litigation today. In order to protect their claim and ensure that insurers adhere to their contractual obligations, policyholders need to understand what types of losses these exclusions preclude, and more importantly, what they do not preclude. This article discusses the application of the most commonly utilized business risk exclusions and tips for policyholders to maximize their coverage.

Read More

Transfer of Insurance Rights Under Liability Policies as the Result of the Sale of a Business (Revisited)

Joseph Thacker, TRZ Shareholder and Certified OSBA Attorney in Insurance Coverage Law Andrew W. Miller, TRZ Shareholder, Stephen Brown and Seymour Nayer Published in the American Bar Association's Tort Trial & Insurance Practice Law Journal, Fall 2016, Vol. 52, Issue 1

Read More

New Jersey Joins Majority of Jurisdictions Holding that CGL Policies Cover Subcontractor’s Defective Workmanship

On August 4, 2016, the New Jersey Supreme Court in Cypress Point Condominium Association Inc. v. Adria Towers LLC, case number 076348, unanimously held that consequential damages resulting from a subcontractor’s defective work on a condominium complex triggered an insurer’s duty to defend the general contractor.

Read More

Maintaining Privilege During Internal Investigations

Internal investigations have become commonplace in corporate America. They may be spurred by allegations of discriminatory or illegal behavior made by customers, business partners, or employees and can be accompanied by government inquiries or investigations. Not surprisingly, litigation often ensues and the plaintiff will inevitably seek discovery of the documents reviewed and generated during the internal investigation. If the internal investigation was conducted in anticipation of litigation and at the advice of counsel, the company can withhold production of investigative materials on the basis of privilege.

Read More

Is There Coverage for Data Breaches under a Traditional CGL Policy?

Maybe. The Fourth Circuit Court handed policyholders a win when it held that Travelers must defend its policyholder, Portal Healthcare Solutions LLC, against a class action lawsuit alleging that Portal failed to secure hospital medical records. Patients alleged that Portal’s negligence caused their medical records to be accessible through a simple “Google” search. In Travelers v. Portal Healthcare Solutions, the Fourth Circuit Court held that exposing confidential medical records to online searching satisfied the policy’s “publication” requirement because the information was placed before the public. The Portal holding echoed that in Zurich American Ins. v. Sony, wherein Judge Orin found that transmission of customer’s personal identifying information (PII) to the internet constituted a “publication” as defined by the policy, if perpetrated by the policyholder.

Read More

Can Whatsapp Help Lawyers adhere to their Ethical Obligations?

Whatsapp, the world’s most popular chat app, recently announced that its app uses end-to-end encryption for all messages, photos, videos, voice messages, documents, group chats and texts on any device. End-to-end encryption means that each chat has its own security code used to verify calls and messages. The codes are unique to each call or message and chats remain encrypted until they hit the receipient’s device. According to Whatsapp, “[n]o one can see inside that message. Not cybercriminals. Not hackers. Not oppressive regimes. Not even us.”

Read More

Industry Insider: Insurer Risks & Developing Coverage Strategies | a Continuing Legal Education seminar

The Shareholders of Thacker Martinsek presented Industry Insider: Insuring Risks and Developing Coverage Strategies, a Continuing Legal Education (CLE) opportunity to the Northern Ohio business, legal and insurance communities which took place at The Union Club, Cleveland, Ohio December 16, 2015.

Read More

New Rule Aims to Limit the Scope of Discovery in Federal Courts

Thacker Martinsek Shareholder Christine Mayle shared her expertise in the Fall 2015 issue of the Ohio Women's Bar Association Network Newsletter, penning a very current and important summary of the changes taking effect December 1, 2015 to Rule 26(b)(1) of the Federal Rules of Civil Procedure.

Read More
Next Posts

May
1st 2017

Kyle Weigand Elected President of Northwest Ohio Chapter of the Association of Legal Administrators

Kyle Weigand was elected President of the Northwest Ohio Chapter of the Association of Legal Administrators ("ALA") for a two-year term commencing May 1, 2017... Read More

April
28th 2017

Labor & Lactation: Employer Requirements for Nursing Mothers

Justice Ruth Bader Ginsburg has said, “Women will only have true equality when men share with them the responsibility of bringing up the next generation.” As involved as a father may be in childrearing, men will never face the logistical dilemmas of breastfeeding working mothers. Federal and some state laws impose requirements on employers to provide breaks and a space for nursing mothers to express milk. These measures that attempt to level the playing field for women benefit employers by allowing them to retain high quality employees who are also mothers. However, our current political landscape may alter the requirements that currently exist.... Read More

March
14th 2017

It’s Time to Think About Discovery

Since the 2015 amendments to Rules 26 and 34, numerous cases provided guidance that parties should be familiar with in order to: (i) understand the impact the amendments to Rule 26 have on the scope of discovery; and (ii) ensure they are complying with amended Rule 34. Parties that rely solely on pre-amendment cases, motions, arguments, or responses do so at their own peril.... Read More

© 2017 Thacker Robinson Zinz Co., LPA. All Rights Reserved.