Legal Alerts

Legal Alerts

  • August 10, 2022
    The Impact of the Russia-Ukraine Conflict on the Insurance Industry, Part One: Coverage, Exposure, and Losses

    The Russia-Ukraine conflict has far-reaching implications for the insurance industry and for insurers and insureds alike. Many corporate policy holders around the world have withdrawn or scaled back operations with Russia and/or Russian-based corporations.

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  • August 09, 2022
    DOJ Expands Reach By Prosecuting Kickbacks Involving Private Insurance Payors

    Healthcare companies may need to be mindful that the federal government has started investigating and prosecuting referral-based arrangements for private insurance claims under the Travel Act and the Eliminating Kickbacks in Recovery Act.

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  • August 05, 2022
    Biden Administration Uses Export Control Reform Act to Seek Forfeiture of Russian Oligarchs’ Foreign-Based Assets

    In March 2022, in response to Russia’s actions in the Ukraine conflict, the Biden Administration along with the governments of Austria, Canada, Germany, France, Italy, Japan, the United Kingdom, and the European Commission created the Russian Elites, Proxies, and Oligarchs (REPO) task force. The REPO task force – consisting of the justice and finance ministers in each member nation – have seized or begun forfeiture proceedings with respect to more than $30 billion worth of assets.

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  • August 04, 2022
    West Virginia Federal Court Determines Comparative Fault Theory Applies to Deliberate Intent Actions Under State Law

    A federal judge in the U.S. District Court for the Northern District of West Virginia has dramatically changed the landscape for employers to litigate against personal injury and wrongful death claims by employees. In a recent matter, the plaintiff brought a deliberate intent action under West Virginia Code § 23-4-2 against his employers for injuries that he allegedly suffered while working as a coal miner. He contended that the injuries were caused by unsafe workplace and dangerous mining activities.

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  • July 29, 2022
    OFAC Issues General Licenses Enabling Certain Russian Debt Settlement

    On July 22, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued two new Russia-related General Licenses (GLs) authorizing certain financial transactions that are otherwise prohibited under U.S. sanctions laws and regulations. These general licenses grant U.S. persons and financial institutions greater latitude in settling Russian foreign sovereign debt through the wind down of agreements and participation in a credit default swap auction, respectively. The new measures follow Russia’s alleged default on a sovereign bond in June 2022 (caused by payment in rubles rather than U.S. dollars) and will help U.S. investors wind down their financial commitments and settle certain credit default swaps.

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  • July 27, 2022
    California Court of Appeal Clarifies Meaning of “Provide” in Context of Suitable Seating

    On July 19, 2022, the California Court of Appeal issued an opinion in Meda v. AutoZoners, Inc. that further defined an employer’s obligation to “provide” its employees with suitable seating pursuant to the Industrial Welfare Commissions’ Wage Orders. The Court of Appeal reversed the trial court’s granting of summary judgment, holding that where an employer has not expressly advised its employees of the availability of seating, and where the employer has not provided a seat at a workstation, the question of whether an employer has provided suitable seating is fact-intensive and not subject to summary judgment.

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  • July 19, 2022
    U.S. Issues Clarifications on Sanctions and Additional Measures to Facilitate Global Food Security

    Reacting to concerns that U.S. sanctions could be viewed as impeding exports or global transactions related to urgently needed food, fertilizer, agricultural equipment, or medical supplies, on July 14, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a fact sheet clarifying that “agricultural and medical trade are not targets” of U.S. sanctions.

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  • July 18, 2022
    The Slow Erosion of Labor Law § 240(1) Ladder Cases: NY Court of Appeals’ Focus on Sole Proximate Cause

    On April 28, 2022, the New York Court of Appeals issued three significant decisions that chip away at the formerly impenetrable ladder cases that arise under New York Labor Law § 240(1). Less than a week later, Lewis Brisbois, relying on one of these decisions, successfully defeated a plaintiff’s motion for summary judgment on a Labor Law § 240(1) claim in Bronx County.

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