This morrning, the Maine Supreme Court issued its decision in the matter of In re Hannaford Bros. Co. Customer Data Security Breach Litigation, Docket No. Fed-09-586, on a question certified to the Court by the United States District Court for the District of Maine in a pending action of the same name (Docket No. 08-md-01954).
Read More Maine Supreme Court Issues Decision in Hannaford Case, Rules That Time and Effort Spent Mitigating Harm from Data Theft Do Not Constitute Cognizable Injury

The Ministry of Justice has launched  a consultation on guidance about procedures that commercial organisations should put in place to prevent bribery.  The Bribery Act  includes the offence of “a failure by a commercial organisation to prevent bribery“.  An organisation will be liable for a bribe paid on its behalf unless it can demonstrate that it had implemented adequate procedures designed to prevent bribery. …
Read More UK: Ministry of Justice Launches Consultation on Anti-Bribery Procedures

In Rent-A-Center, West, Inc., v. Antonio Jackson, the U.S. Supreme Court addressed the issue of whether, under the Federal Arbitration Act (“FAA”), a federal court has the authority to address a party’s claim that an arbitration agreement is unconscionable, where the agreement explicitly delegates that decision to the arbitrator.  The Supreme Court held that courts lack the power to do so, where the party asserting unconscionability does not specifically challenge the delegation provision. …
Read More U.S. Supreme Court Rules that Court Lacks the Authority to Determine Whether an Arbitration Agreement Is Unconscionable

The Massachusetts Reinsurance Bar Association will host its annual symposium on Thursday, September 23, 2010, at the Harvard Club (Back Bay) in Boston, Massachusetts. …
Read More Massachusetts Reinsurance Bar Association to Host Annual Symposium on 9/23

Effective August 23, 2010, all Deepwater Horizon Incident (the “Spill”) claims must be filed with Gulf Coast Claims Facility (“GCCF”) and no longer with BP.  Headed by its claims administrator, Kenneth R. Feinberg, the GCCF has replaced the BP claims process. …
Read More Deepwater Horizon Incident: Has Your Insured Made a Claim With BP or the Gulf Coast Claims Facility? Should it?

A dispute arose between Certain Underwriters at Lloyd’s London and R.A. Wilson & Associates, Ltd concerning an insurance policy.  After a lawsuit was filed, the court ordered the parties to proceed to arbitration based upon the insurance policy’s arbitration agreement. …
Read More New York Federal Court Refuses to Appoint Umpire, Finding That Arbitration Clause Provided Sufficient Mechanism

By Design, LLC terminated the employment of Oded Nachmani, who claimed he was wrongfully dismissed in violation of his employment contract and certain discrimination laws. …
Read More New York State Court Decision Raises Issues Concerning the Drafting of Arbitration Clauses

In August, the Bermuda Monetary Authority, in conjunction with the Bermuda Insurance Managers Association, published its third annual report on the Bermuda captive insurance market. The report, captioned “Bermuda Captives at the Close of the Decade: A Global Reflection,” builds on two previous reports: “A profile of the Bermuda Captive Insurance Market” dated February 2009 and “The Bermuda Captive Insurance Market – 2008 Update.” …
Read More Bermuda Monetary Authority Publishes Report on the Bermuda Captive Insurance Market

Insurers authorized in Mexico must consider the issue of potential liability in connection with selecting physicians for their medical network to provide services to their insureds.  A federal collegiate court in Mexico recently ruled, in a 10-year long case, that insurers can be held jointly liable with professionals that form part of their medical network. …
Read More Mexican Court Finds Insurer Jointly Liable For Medical Error

It is reported in the press that the PWC administrators of Lehman Brothers International (Europe) Limited (LBIE), the London-based arm of the Lehman bank, are to appeal the recent Court of Appeal ruling relating to the distribution of segregated client funds. The first instance judge held that those clients of LBIE whose funds should have been segregated, but were not, were not entitled to share in the pot of client money. …
Read More UK: Lehman English Administrators to Appeal Court of Appeal Ruling