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Insurance law practitioners learn on day one that the duty to defend is broader than the duty to indemnify, encompassing even uncovered claims if at least one claim against the insured is potentially covered. See Bridge Metal Indus., L.L.C. v. Travelers Indem. Co., 812 F. Supp. 2d 526, 544-45, 545 n.14 (S.D.N.Y. 2011). Because the cost of defending against a lawsuit can sometimes exceed any ultimate liability, courts have described this defense cost coverage as crucial “litigation insurance.” Perdue Farms, Inc. v. Travelers Cas. & Surety Co. of Am., 448 F.3d 252, 258 (4th Cir. 2006) (quoting Brohawn v. Transamerica Ins. Co., 347 A.2d 842, 851 (Md. 1975)). It is therefore troubling that some courts allow insurers to claw back amounts expended on claims that turn out to be uncovered, even if the policy at issue provides for no such right to recoupment.In attempting to justify this purported right to recoup defense costs, insurers have relied primarily on … [Read more...] about Is The Duty To Defend Broader Than The Duty To Indemnify? Your Insurer Doesn’t Think So, And Surprisingly, Some Courts Agree.

This year promises many important developments with respect to the U.S. Environmental Protection Agency’s implementation and enforcement of the federal Clean Air Act.  Here are some major enforcement trends and regulatory issues that regulated parties may want to monitor in 2014.Air Enforcement:  Five Things to Watch as EPA’s Old Priorities Confront New RealitiesThe U.S. Environmental Protection Agency’s (EPA) national air enforcement priorities for 2014 are the same as last year’s—the focus is on reducing emissions from coal-fired power plants, major industrial operations and oil and gas exploration.  But the agency has less money, has suffered some important legal defeats, especially with regard to new source review (NSR) enforcement, and is still grappling with the implications of Sackett v. EPA, a 2012 United States Supreme Court decision that upended the agency’s understanding of when its actions are subject to judicial … [Read more...] about What’s in the Air this Year? Here Is What You Need to Know About the Clean Air Act in 2014

The growing number of cyberattacks has become one of the most serious economic and national security threats facing companies and governments. And while the headlines have focused on data breaches at organizations including Sony, the International Monetary Fund, Lockheed Martin, Google, Citigroup and the Arizona Department of Public Safety, U.S. infrastructure is also susceptible to attacks. Critical infrastructure operators have to be on the offensive against cybercriminals no matter whether they oversee stock markets, power grids, railways, nuclear plants, water supplies, health care facilities, chemical plants, telecommunications or research laboratories. All are prime targets for hackers.Sophisticated exploits such as Stuxnet, a computer worm that targeted nuclear power plant operators in the summer of 2010, and an April attack on Oak Ridge National Laboratory, a U.S. Energy Department facility that studies nuclear fusion and hosts one of the nation's super computers, are just … [Read more...] about The Digital Threat

Too many lawyers.  More demanding Clients. Globalization  Industry Consolidation.  These are all factors redefining the legal industry.  Re-Envisioning the Law Firm: How to Lead Change and Thrive in the Future (Re-Envisioning) a report developed by the Managing Partner Forum (MPF), Jaffe, and The Remsen Group released on December 8th offers insight into how law firms can do exactly that. John Remsen, President and CEO of the Managing Partner Forum says, “The pace of change is unprecedented for the legal industry, and the pace will only accelerate into the future.  Strong leadership and a solid game plan are required if your firm seeks to thrive and prosper in the years ahead.”  Understanding that many law firms need to make big changes, and with the goal of offering insight to law firms looking to make those changes, the authors of Re-Envisioning analyzed data from two big surveys of Managing Partners to come up with recommendations.How … [Read more...] about Time for a Change in Law Firm Leadership: A Preview of Re-Envisioning the Law Firm

The U.S. won’t be able to avoid a crippling debt crisis as long as Congress refuses to include defense spending . . . in the mix of program cuts to reduce federal spending, the co-chairman of the presidential debt commission said Tuesday.   Army Times, March 8, 2011, available hereTerminations for the Government’s convenience developed as a tool to avoid enormous procurements upon completion of a war effort.  Because public policy counseled against proceeding with wartime contracts after an end to [Civil War] hostilities the government, under certain circumstances, began to terminate contracts and settle with the contractor for partial performance.   It now is generally accepted that the federal budget must be reduced drastically, although just how drastically and where is still a matter for debate.  But public policy already has “counseled against proceeding” with certain procurements, and the process of terminating increasing … [Read more...] about Terminations For Convenience And Creedence Clearwater Revival: “Bad Moon Rising”