Industry Insider

Is There Insurance Coverage for this Intellectual Property Claim: The Exception to the IP Exclusion

Most policyholders do not think insurance when faced with an intellectual property claim. That is a mistake. While it is true that many commercial general liability (“CGL”) policy forms, including the 2001 and 2007 Insurance Service Office (“ISO”) forms, have the Intellectual Property Exclusion – you should not end your coverage inquiry there.

Read More

Computer-Aided Design Does Not Make You a Copyright Cad

Architects, designers and developers in the age of computer-aided design (CAD) are understandably uncertain about copyright protection for architectural plans, criteria drawings, layouts and other instruments of service. A recent decision out of the U.S. District Court for the Northern District of Ohio found that copyright infringement did not arise from layering another architect's prototype plans into a CAD file and using them as part of a "tool kit" to create new architectural plans because the new plans were not shown to be substantially similar to the prototype plans.

Read More

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
Next Posts

August
21st 2017

Is There Insurance Coverage for this Intellectual Property Claim: The Exception to the IP Exclusion

Most policyholders do not think insurance when faced with an intellectual property claim. That is a mistake. While it is true that many commercial general liability (“CGL”) policy forms, including the 2001 and 2007 Insurance Service Office (“ISO”) forms, have the Intellectual Property Exclusion – you should not end your coverage inquiry there.... Read More

August
18th 2017

Four TRZ Attorneys Receive Best Lawyers Honors

Four Thacker Robinson Zinz LPA attorneys have been ranked among the nation’s most prominent by U.S. News Media Group's Best Lawyers® and Best Law Firms report for 2018.... Read More

July
18th 2017

Computer-Aided Design Does Not Make You a Copyright Cad

Architects, designers and developers in the age of computer-aided design (CAD) are understandably uncertain about copyright protection for architectural plans, criteria drawings, layouts and other instruments of service. A recent decision out of the U.S. District Court for the Northern District of Ohio found that copyright infringement did not arise from layering another architect's prototype plans into a CAD file and using them as part of a "tool kit" to create new architectural plans because the new plans were not shown to be substantially similar to the prototype plans.... Read More

Industry Insider

Is There Insurance Coverage for this Intellectual Property Claim: The Exception to the IP Exclusion

Most policyholders do not think insurance when faced with an intellectual property claim. That is a mistake. While it is true that many commercial general liability (“CGL”) policy forms, including the 2001 and 2007 Insurance Service Office (“ISO”) forms, have the Intellectual Property Exclusion – you should not end your coverage inquiry there.

Read More

Computer-Aided Design Does Not Make You a Copyright Cad

Architects, designers and developers in the age of computer-aided design (CAD) are understandably uncertain about copyright protection for architectural plans, criteria drawings, layouts and other instruments of service. A recent decision out of the U.S. District Court for the Northern District of Ohio found that copyright infringement did not arise from layering another architect's prototype plans into a CAD file and using them as part of a "tool kit" to create new architectural plans because the new plans were not shown to be substantially similar to the prototype plans.

Read More

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
Next Posts

August
21st 2017

Is There Insurance Coverage for this Intellectual Property Claim: The Exception to the IP Exclusion

Most policyholders do not think insurance when faced with an intellectual property claim. That is a mistake. While it is true that many commercial general liability (“CGL”) policy forms, including the 2001 and 2007 Insurance Service Office (“ISO”) forms, have the Intellectual Property Exclusion – you should not end your coverage inquiry there.... Read More

August
18th 2017

Four TRZ Attorneys Receive Best Lawyers Honors

Four Thacker Robinson Zinz LPA attorneys have been ranked among the nation’s most prominent by U.S. News Media Group's Best Lawyers® and Best Law Firms report for 2018.... Read More

July
18th 2017

Computer-Aided Design Does Not Make You a Copyright Cad

Architects, designers and developers in the age of computer-aided design (CAD) are understandably uncertain about copyright protection for architectural plans, criteria drawings, layouts and other instruments of service. A recent decision out of the U.S. District Court for the Northern District of Ohio found that copyright infringement did not arise from layering another architect's prototype plans into a CAD file and using them as part of a "tool kit" to create new architectural plans because the new plans were not shown to be substantially similar to the prototype plans.... Read More

Industry Insider

Is There Insurance Coverage for this Intellectual Property Claim: The Exception to the IP Exclusion

Most policyholders do not think insurance when faced with an intellectual property claim. That is a mistake. While it is true that many commercial general liability (“CGL”) policy forms, including the 2001 and 2007 Insurance Service Office (“ISO”) forms, have the Intellectual Property Exclusion – you should not end your coverage inquiry there.

Read More

Computer-Aided Design Does Not Make You a Copyright Cad

Architects, designers and developers in the age of computer-aided design (CAD) are understandably uncertain about copyright protection for architectural plans, criteria drawings, layouts and other instruments of service. A recent decision out of the U.S. District Court for the Northern District of Ohio found that copyright infringement did not arise from layering another architect's prototype plans into a CAD file and using them as part of a "tool kit" to create new architectural plans because the new plans were not shown to be substantially similar to the prototype plans.

Read More

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
Next Posts

August
21st 2017

Is There Insurance Coverage for this Intellectual Property Claim: The Exception to the IP Exclusion

Most policyholders do not think insurance when faced with an intellectual property claim. That is a mistake. While it is true that many commercial general liability (“CGL”) policy forms, including the 2001 and 2007 Insurance Service Office (“ISO”) forms, have the Intellectual Property Exclusion – you should not end your coverage inquiry there.... Read More

August
18th 2017

Four TRZ Attorneys Receive Best Lawyers Honors

Four Thacker Robinson Zinz LPA attorneys have been ranked among the nation’s most prominent by U.S. News Media Group's Best Lawyers® and Best Law Firms report for 2018.... Read More

July
18th 2017

Computer-Aided Design Does Not Make You a Copyright Cad

Architects, designers and developers in the age of computer-aided design (CAD) are understandably uncertain about copyright protection for architectural plans, criteria drawings, layouts and other instruments of service. A recent decision out of the U.S. District Court for the Northern District of Ohio found that copyright infringement did not arise from layering another architect's prototype plans into a CAD file and using them as part of a "tool kit" to create new architectural plans because the new plans were not shown to be substantially similar to the prototype plans.... Read More

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