On July 31, 2009, the SEC filed a civil enforcement action against NSP, NSP’s CEO Douglas Faggioli, and NSP’s former CFO, Craig D. Huff, arising out of alleged bribes that NSP made to Brazilian customs officials in violation of the Foreign Corrupt Practices Act.
Delaware Supreme Court: Under Certain Circumstances, a D&O Insurer May Reasonably Withhold its Consent to Settle
By Troutman Pepper Locke on
Posted in D&O Liability, United States
In an August 10, 2009 decision, the Delaware Supreme Court held that under certain circumstances, a D&O insurer may reasonably withhold its consent to settle a Claim.
Final Rules Issued for Breach of Electronic Health Information
By Troutman Pepper Locke on
Posted in Privacy/Data Security/Cyber Risk, United States
In the last week of August, 2009, the Department of Health and Human Services (“HHS”) and the Federal Trade Commission (“FTC”) officially published their final rules concerning consumer notification of breaches of protected health information (“PHI”). Congress mandated that both rules be issued under the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, part of the American Recovery and Reinvestment Act of 2009.
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Secondhand Asbestos Lawsuit Settled After Decision by Tennessee Supreme Court
By Troutman Pepper Locke on
As previously discussed here, and here, the estate of Amanda Satterfield brought suit against Alcoa for her death from mesothelioma at the age of 25. The suit alleged that her death was the result of secondhand exposure to asbestos clinging to her father’s work clothes, who was an Alcoa employee.
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Brazilian Reinsurance Conference: Opportunities and Hurdles
By Troutman Pepper Locke on
Posted in Latin American Developments
Machua Millett of EAPD is participating in the American Conference Institute’s Second International Forum on Brazilian Reinsurance.
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Uruguay: Market Watchful As Implications Of Mandatory Automobile Coverage Remain Unclear
By Troutman Pepper Locke on
Posted in Latin American Developments
Last month, the Uruguayan government made minimum automobile insurance coverage mandatory for all vehicles. Nonetheless, insurers are not obligated to sell the mandatory coverage and some 40% of the nation’s automobiles do not have the obligatory minimum coverage.
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New Vermont Captive Insurance Association President
By Troutman Pepper Locke on
Posted in Industry Developments, United States
Following a nation-wide search, Michael Bemi, Chair of the Vermont Captive Insurance Association (the “VCIA”) Board of Directors recently announced that the VCIA has selected Richard Smith as the new President of the VCIA.
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Anticipated Legislative Action on Financial Regulatory Reform
By Troutman Pepper Locke on
Posted in Federal Legislative Developments, United States
As President Obama renewed his push for financial services regulatory reform during yesterday’s speech on Wall Street, new reports offered a glimpse of Congress’ potential timeline for action.
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The Brazilian Reinsurance Market
By Troutman Pepper Locke on
Posted in Latin American Developments
On September 16 and 17, 2009, Machua Millett of EAPD will participate in the American Conference Institute’s Second International Forum on Brazilian Reinsurance, entitled “Strategic Guidance for Succeeding in the Emerging Reinsurance Market.”
New York Announces Public Hearing on Life Insurance and Annuity Sales Practices
By Troutman Pepper Locke on
Yesterday, the New York State Insurance Department (“NYSID”) issued a press release announcing that it will hold public hearing on Wednesday, September 16, regarding life insurance and annuity sales practices. The hearing is particularly concerned with sales practices as they apply to seniors, and will focus on suitability (i.e. whether a particular product is appropriate for an individual consumer).
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