In Tokio Marine Europe Insurance Limited v Novae Corporate Underwriting Limited [2014] EWHC 2105 (Comm), Mr Justice Field granted an application by Tokio Marine Europe Insurance Limited (Tokio) for summary judgment, holding that a defence raised by Novae Corporate Underwriting Limited (Novae) that the underlying settlement was entered into without the insured having taken all proper and businesslike steps had no reasonable prospect of success. …
Read More UK: Commercial Court Grants Summary Judgment in Relation to a Follow the Settlements Clause

On 27 June 2014, the High Court of Justice of England and Wales sanctioned the solvent scheme of arrangement made by J.K. Buckenham Limited and its Scheme Creditors pursuant to Part 26 of the Companies Act 2006 which was voted on and approved by the Scheme Creditors during the meeting held on 4 June 2014. …
Read More High Court sanctions J.K. Buckenham Limited’s scheme of arrangement

Theodore Augustinos, Mark Schreiber, Thomas Smedinghoff, and Karen Booth, members of Edwards Wildman’s Privacy & Data Protection Practice Group, discuss major amendments to Florida’s breach notification statute, which will take effect July 1, 2014. …
Read More Edwards Wildman Client Advisory: Major Amendments to Florida Breach Notification Statute: Unique Requirements and Short Deadlines Take Effect July 1

We previously reported on the Law Commission and Scottish Law Commissions’ (the Commissions) review of insurance contract law and the draft Insurance Contracts Bill (the Bill) published in May 2014 (see our blog here). The Commissions have published a further draft of the Bill and draft Explanatory Notes which will accompany the Bill if and when the Bill is enacted (to view the Bill click here and to view the draft Explanatory Notes click here). …
Read More UK: Law Commissions Publish Further Draft of the Insurance Contracts Bill

Coming on the heels of a recent NATO report that Russia is again massing troops near its border with Ukraine, the Office of Foreign Asset Control, part of the United States Treasury Department, announced the following new additions to the Specially Designated National List under its Ukraine-Related Sanctions Program: …
Read More The United States Treasury Department Names Seven Additional Ukrainian Separatists and Russian Nationals to the Specially Designated National List

A growing number of states have adopted so-called “matching” regulations, requiring the replacement the undamaged items when the damaged items cannot be replaced in a way that achieves a reasonably uninform appearance, which may give rise to increased litigation in the coming years.  …
Read More Proliferation of Property Insurance Matching Regulations Increases Litigation Risks

The U.S. Securities and Exchange Commission (“SEC”) expanded its recent focus on cybersecurity by addressing the responsibilities of corporate boards. In statements made during a June 10 talk at the New York Stock Exchange, SEC Commissioner Luis Aguilar highlighted the significant exposure that cyber risks present to companies and charged corporate boards with ultimate responsibility for addressing cybersecurity risk. …
Read More SEC Focus on Cyber Risk Continues, as Commissioner Calls on Corporate Boards to Oversee Cybersecurity

In Mitsui Sumitomo Insurance Co (Europe) Ltd and Anor v The Mayor’s Office For Policing And Crime [2014] EWCA Civ 682, the Court of Appeal has handed down a landmark decision on the recoverability of consequential losses under s2(1) of the Riot (Damages) Act 1886 (the “Act”). …
Read More UK: Court of Appeal Reverses Decision of High Court and Rules That Consequential Losses are Recoverable Under the Riot (Damages) Act 1886