Articles in Channel: Insurance Law

New Louisiana Regulation Creates Safe Harbor For Certain Equity-Based Compensatory Plans of Privately-Held Companies

Alan J. Berteau
November 21, 2008 13:02

by Dean P. Cazenave Offers and sales of “securities” must be registered unless there is an applicable exemption from the federal and state securities laws. The most commonly known exemption is the private placement exemption set forth in Regulation D promulgated by the Securities and...

Specialty Lines Insurance Market to Get Tighter?

November 21, 2008 10:54

We are beginning to hear speculation, and some evidence, that the current financial crisis could spread beyond AIG and impact the insurance industry more broadly, including the specialty lines insurance segment. Along with the rest of the insurance industry, the specialty lines insurance market has...

European Collective Action Reform and the U.S Model: Compare and Contrast

Kevin LaCroix
November 21, 2008 03:12

There no longer seems to be a question whether European countries will adopt some form of collective action procedures. The questions now are what form the collective action mechanisms will take and to what extent will the processes will adapt or reject features of the U.S. class action...

The Increasing Trend to "Set Up" Carriers (and the Inability (or Unwillingness) of Courts to Do Much About It)

Chris Martin
November 20, 2008 16:09

Efforts by policyholder lawyers to "set up" a carrier to make a decision which will enable the lawyer to prosecute a bad faith claim are nothing new.   The trend, however, seems to be increasing across the country as some policyholder lawyers resort to such tactics with more...

Glaxo Glosses Over Avandia Risks

Angel Reyes
November 20, 2008 15:53

Big Pharma shows its true colors yet again.  Despite numerous complaints from doctors about the risk of heart attacks from taking the diabetes drug, Avandia, the manufacturer, GlaxoSmithKline PLC, continued to sweep overwhelming evidence under the carpet.  Even a prominent Duke University...

Another Significant Canadian Securities Law Development

Kevin LaCroix
November 20, 2008 01:54

In a recent post (here), I raised concerns about the possibility of U.S.-domiciled companies becoming subject to securities litigation under the Ontario Securities Act. Now, a recent decision by an Ontario Superior Court judge interpreting the Act’s provisions suggests the possibility of...

The Longer Term Impact of the Last Several Weeks on Pension Plans

Stephen D. Rosenberg
November 19, 2008 15:38

There’s an old saying that nothing focuses the mind like an execution date; all trial lawyers have heard judges rephrase it as nothing focuses the mind so much on settlement as an imminent trial date. I thought of this saying when I read this article, in which Susan Mangiero of Pension...

This morning's thoughts on regulation...

Callie Currin
November 19, 2008 13:51

In a recent ( 11/18/08) column by Michael Skapinker in the Financial Times, he discusses the tension between executive management,  who often have personal stakes in short term outcomes, and shareholders/employees/pensioners, the latter two in particular have longer term stakes in the...

Commercial seller requirement in products liability claims

Jody Nathan
November 18, 2008 23:18

Commercial seller requirement in products liability claims Oklahoma’s products liability law is based on Restatement of Torts (Second) §402A.  One of the requirements is that the seller be engaged in the business of selling such a product.  Liability is not imposed upon...

An office does not a restaurant make

Jody Nathan
November 18, 2008 22:32

Vacant not a question of fact Bob owned a restaurant.  Bob closed the restaurant.  But Bob kept his office in the restaurant open.  The sprinklers malfunctioned and the restaurant was water damaged.  Bob’s insurance claim was denied.  The policy did not cover losses...