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Should commercial general liability insurers be concerned about potential indemnity coverage arising from the NY SHIELD Act?
In the midst of uncertainty surrounding the coronavirus, New York’s Stop Hacks and Improve Electronic Data Security (SHIELD) Act went into full effect on March 21, 2020, creating new data privacy and cybersecurity requirements for companies that own, license, or maintain computerized data that include any New York resident’s private information, whether or not the company is located in New York.
This report looks at who currently bears the cost of funding personal care for those with catastrophic injuries, and the need to better manage these costs in future.
Pitfalls of underwriting non-US issuers: unsponsored ADRs and other considerations in light of Toshiba
An important consideration for directors and officers (D&O) liability insurers in the underwriting of non-US issuers is an assessment of the risk that such issuers could someday be held liable under the United States’ federal securities laws.
The COVID-19 outbreak has revealed the inflexibility and lack of innovation in personal care systems around the world. Relieving these pressures will require an innovative new approach.
In a time of self-reflection and metamorphosis for many educational institutions across the country, the final draft Title IX Regulations released by Betsy DeVos and the Department of Education last week add to the unprecedented ambiguity colleges and universities are currently facing.
We are delighted to confirm the promotion of thirteen lawyers to our partnership across practice areas including commercial, employment and healthcare, as well as specialist areas of insurance and liability that include cyber, property and construction, professional liability, travel, abuse and fraud. Eight of those promoted are based in the UK, with four in the US and one in Australia. Our worldwide partner count is now 264.
We are pleased to announce that we have appointed Fernando Hurtado de Mendoza as a partner and Kodiak Semsch as a senior associate to our office in Lima as we continue to build a heavyweight practice in Peru. Fernando’s practice is split between aviation, corporate and insurance work. He moves from Rodrigo Elias y Medrano, the largest law firm in the country, and is immediately joined by associate Alejandra Vicuna. Kodiak, who will join the team later this month as the head of our Lima office’s litigation practice, is a dispute resolution specialist. He was formerly a litigation partner at Osterling Abogados.
On March 23, 2020, Pacific Gas & Electric (PG&E)—the California energy utility—announced that it will plead guilty to criminal charges for its role in the 2018 Camp Fire in Northern California, which led to the deaths of 85 people and caused billions of dollars in property damage. This plea brings a lengthy investigation to a conclusion, but it is not anticipated that PG&E’s existing civil liabilities ($24.5 billion) will increase as a result of the plea agreement.
US Public Law 116-127, the “Families First Coronavirus Response Act,” went into effect on April 1, 2020. The Act, which is federal law, provides employees of private employers with fewer than 500 employees and some public employees with paid sick leave, free COVID-19 testing, expanded food assistance and unemployment benefits, and increased Medicaid funding. Employers may claim benefits paid to employees as tax credits. Below, we summarize aspects of the Act of particular interest to US employers. Following our summary, we answer questions about employee rights to paid and unpaid leave due to illness or childcare under the Act and other federal and state laws; whether an employer may terminate an employee on public health emergency leave; an employer’s legal obligation to protect its employees from COVID-19 in the workplace; and what the law requires when an employee tests positive for COVID-19.
The CARES Act provides critical relief for individuals and businesses contending with the coronavirus
As the world races to respond to the global health crisis resulting from the coronavirus, businesses of all sizes across the United States are scrambling to manage the economic freeze spurred by stay-at-home directives and social distancing orders. Companies are being faced with a shortage or elimination of their workforce, decreased streams of revenue, trade and opportunity, and demands to continue to pay wages and benefits to their furloughed workers. At the same time, millions of Americans are filing for unemployment while companies confront the looming prospect of shuttering their doors and filing for bankruptcy.