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Oregon Supreme Court Confirms Outside Deadline for Legal Malpractice Claims

On November 28, 2023, the Oregon Supreme Court confirmed the existence of an outside deadline for pursuing legal malpractice claims apart from the statute of limitations. At issue in Marshall v. PricewaterhouseCoopers, 371 Or. 536 (2023) was the applicability of a statute of repose to actions

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Fourth Circuit Vacates Class Certification In Marriott Data Breach Class Action

We report on a significant recent development in the Marriott data breach putative class action litigation. Following oral argument on May 3, 2023, the Fourth Circuit just issued its decision vacating the district court’s largely unprecedented decision (from May 2022) which certified certain classes

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Technology, Privacy, & Cyber
Nevada Bans Burning Limits Policies Starting October 1, 2023

On June 3, 2023, the Nevada governor signed AB398, a law prohibiting insurers from issuing or renewing defense within limits liability policies in the State of Nevada, effective October 1, 2023. Thus, any liability policy issued or renewed in Nevada after October 1, 2023, must provide a defense...

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New York Attorney General Takes Action Against Law Firm Following Data Breach

Followingan investigation of the New York/Connecticut law firm of Heidell, Pittoni,Murphy & Bach (the “Heidell firm”), on March 27, 2023 the New York AttorneyGeneral’sOffice (“NY AG”) announced a settlement in the formof an Assurance of Discontinuance with the firm stemming from a data breach in2021

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SEC Sues Law Firm to Compel Disclosure of Client Information Following Cyberattack

On January 10, 2023, the U.S. Securities and Exchange Commission (“SEC”) sued the law firm Covington & Burling LLP (“Covington”) in U.S. District Court for the District of Columbia. The SEC seeks to compel Covington to comply with an investigative subpoena for documents stemming from the November 20

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Other Lines of Insurance
Legal Malpractice Claims Continue to Grow: Trends and Predictions for 2022 and Beyond

Law firms and their insurance carriers have experienced a rise in both the frequency and severity of high-exposure legal malpractice claims over the past year. As the global economy remains in a period of high inflation and economic uncertainty, there is a risk that this trend may continue.

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Professional Indemnity
Florida Federal Court: Session Replay Software Does Not Violate Decades-Old Wiretap Statute

On September 9, 2021, the U.S. District Court for the Southern District of Florida followed the recent trend of Florida state and federal courts by dismissing a putative class action lawsuit alleging that Costco’s use of session replay software violates the Florida Security of Communications Act

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Technology, Privacy, & Cyber
Bad Faith Blowback: Ninth Circuit Dismisses Insurer’s Anti-SLAPP Motion to Strike Bad Faith Claim

An insurer that brings an action against its insured in California where the insured asserts a counterclaim alleging bad faith may consider filing a motion to strike based on California’s anti-SLAPP statute. However, a recent federal appellate decision suggests that the insurer will face an uphill..

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Professional Indemnity
Bad faith blowback: Ninth Circuit affirms dismissal of insurer’s anti-SLAPP motion to strike bad faith claim

An insurer that brings an action against its insured in California where the insured asserts a counterclaim alleging bad faith may consider filing a motion to strike based on California’s anti-SLAPP statute.

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Professional Indemnity
Data Protection Considerations For Insurers Post-Brexit

On Dec. 31, the Brexit transition period ended, and the U.K. formally exited the European Union. Perhaps surprisingly, despite such a seismic shift in the U.K. constitution, the key principles of U.K. data protection law remain fundamentally unchanged...

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Technology, Privacy, & Cyber
US Supreme Court Significantly Limits Effectiveness of the TCPA by Narrowing Auto-Dialer Definition

On April 1, 2021, the United States Supreme Court issued a unanimous 9-0 decision in Facebook, Inc. v. Duguid..

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Technology, Privacy, & Cyber
Preserving the Insurer’s Right to Allocate Loss

As most insurers know, a reservation-of-rights letter is only useful to the extent that it can be enforced at a later date...

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Professional Indemnity
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