on December 2, 2015
To paraphrase the poet Robert Burns, the best-laid plans of mice and insurance-coverage lawyers often go awry. No amount of planning can prevent the occasional setback from an adverse trial court decision. If you and your client choose to appeal an adverse decision, keeping a few simple tips in mind can maximize your chances of success at the appellate level....
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on November 18, 2015
Many companies are engaging in Lean Six Sigma activities, but may not be applying the Lean principles to the risk management function....
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on November 11, 2015
In August of this year, the Third Circuit Court of Appeals issued its opinion in FTC v. Wyndham Worldwide Corp. stating that the Federal Trade Commission ("FTC") has the authority to hold companies accountable for their use of unfair practices relating to cybersecurity threats. The standard determining "unfair practices" remains a bit unclear. However, companies have been put on notice of possible penalties instituted by the FTC in instances of security breach. FTC v. Wyndham Worldwide Corp., 799 F.3d 236, 2015 U.S. App. LEXIS 14839 (3rd Cir. 2015)....
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on November 4, 2015
To begin the Lean transformation, companies have to have a Lean strategy. The Lean strategy should set forth the company's goals. It should be broad enough to accommodate the company vision, but be simple and brief....
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on October 28, 2015
As advertising injury coverage has become a standard in CGL policies, so have the exclusions modifying those types of coverages. One of those exclusions is known as the prior publication exclusion. The typical prior publication language excludes "‘personal and advertising injury' arising out of oral or written publication of material whose first publication took place before the beginning of the policy period." The result of the prior publication exclusion is to bar coverage for wrongful behavior that began prior to the effective date of the insurance policy, even if it continued into the policy period. The insurers' justification for this exclusion is that if the harm or wrongful behavior has already manifested itself, the harm is not fortuitous and there is nothing to insure....
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This Blog is intended to provide information generally and to identify general legal requirements. It is not intended as a form of, or as a substitute for legal advice. Such advice should always come from in-house or retained counsel. Moreover, if this Blog in any way seems to contradict advice of counsel, counsel's opinion should control over anything written herein. No attorney client relationship is created or implied by this Blog. © 2024 Brouse McDowell. All rights reserved.