The first half of the month-long congressional recess has significantly dimmed hopes for a bipartisan agreement on healthcare reform in the Senate, due to contentious, rancorous town hall meetings and new polls suggesting eroding public support for the Democrats’ healthcare reform proposals. 


Read More Bipartisan Agreement on Healthcare Reform Remains Elusive; Democrats Considering Splitting Bill into Two Pieces

The New York Insurance Department issued proposed Regulation No. 192 (11 NYCRR) (the “Proposed Regulation”) establishing minimum reserve and nonforfeiture standards for preneed life insurance policies (i.e. policies that provide a prearrangement agreement for goods and services to be provided upon the death of the insured). 
Read More New York Issues Proposed Regulation to establish Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values for Preneed Life Insurance

EAPD has recently published the second electronic version of its ‘Commercial Litigation Review’ (August 2009), which focuses on the hot topics currently facing businesses in the UK and throughout the world. 


Read More Publication: Edwards Angell Palmer & Dodge’s Commercial Litigation Review (August 2009 edition)

On August 4, 2009, Delaware Insurance Commissioner Karen Weldin Stewart announced that the Department of Insurance (the “Department”) has established the new Bureau of Captive and Financial Insurance Products (the “Bureau”) to dedicate more resources to the regulation of captives and make the regulatory process more efficient. 


Read More Delaware Department of Insurance Establishes Captive Bureau

On August 17, 2009, the Massachusetts Office of Consumer Affairs and Business Regulation (the “OCABR”) issued a press release announcing important amendments to 201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth (the “Regulations”), and a third extension of its effective date from January 1, 2010 to March 1, 2010. The OCABR also called a public hearing scheduled for September 22, 2009 in connection with the Regulations.


Read More BREAKING NEWS: Client Advisory – Amended Massachusetts Security Regulations and Extension of Effective Date

On August 5, 2009, the Director of the Division of Enforcement of the Securities and Exchange Commission, Robert Khuzami, outlined multiple new steps the SEC is taking to increase enforcement of securities laws and regulations in the wake of high-profile cases and losses for investors, such as the Bernard Madoff ponzi scheme. 


Read More SEC Division of Enforcement Director Announces Aggressive New Initiatives – An EAPD Client Advisory

In an unpublished two page decision filed August 11, 2009, the United States Court of Appeals for the Fifth Circuit upheld a $21.6 million jury verdict in favor of a New Orleans grocer with approximately $1 million in bad faith damages. 
Read More Fifth Circuit Upholds Jury Verdict Against Insurer in Hurricane Katrina Case

In Shell Egypt West Manzala GmbH & Others v Dana Gas Egypt Limited (formerly Centurion Petroleum Corporation) [2009] EWHC 2097 (Comm) Dana Gas Egypt Limited (Dana) submitted that the court had no jurisdiction to hear Shell’s application for permission to appeal, allowed under section 69(1) of the Arbitration Act (the Act), or any substantive appeal because of the phrase “final, conclusive and binding” in the relevant arbitration clause. 


Read More UK: Can the Right to Appeal an Arbitration Award Under the Arbitration Act 1996 be Excluded?