News & Insights

Recent Posts

Covid-19: Assessing the Legal Risk of Infectious Diseases

WSHB Employer Alert: FFCRA and DOL Regulations 4.2.20

Employment Practices Consultation & COVID-19

It’s a No-Win Situation: The Perils Facing Hospitals Due to the Coronavirus

COVID-19 Employer Alert: Summary of the CARES Act

COVID-19: New York Malpractice Law Alert

COVID-19 Employer Alert: Enactment of Families First Coronavirus Response Act (FFCRA)

WSHB Co-Founder Stephen Henning to Announce the Winner of CLM's 2020 Outside Counsel Professional of the Year Award

WSHB Partner Robert Hellner Shares Mediation Tactics at CLM’s 2020 Annual Conference

Risk Transfer and Contractual Indemnification – Who Gets Left Holding the Bag?

New Developments in Challenging Certificates of Merit — Seeking Dismissal for Failure to Concurrently File Certificate with the Original Petition

Seven Habits that Define a Highly Effective Claims Team

Social Media Do's and Don'ts

Read the Room: Arguments that Work in Court but May Backfire at Mediation

WSHB Partner Kelly Waters Named to NJBIZ's 2020 Best Fifty Women in Business List

WSHB Names Andrew S. Kessler as Managing Partner of the Firm's Philadelphia Office

WSHB Employment Alert: California Law Banning Arbitration Agreements Temporarily on Hold

Sam McDermott on the Dos and Don’ts of Construction Project Termination

Full Disclosure! Insurer Beware: Colorado’s New Automobile Policy Disclosure Law Has Teeth!

Andrew S. Kessler Named Legal Counsel for Northeast Community Center for Behavioral Health

WSHB Elevates Ten Partners to Defined Equity Status

Eleven WSHB Attorneys Elected Into Partnership

Eighteen Attorneys Elected to WSHB Senior Counsel

Supreme Court Allows Suit Over Website Accessibility

Strategies for Defending Legionella and Mold Claims

Residential Revolution

Time Limit Demand Issues Arrive in North Carolina

WSHB Welcomes New Partner Julie A. Weerth to the Firm's New York Office

Temp Agency Absolved of Liability in Hotly Contested Action

Alternative Fee Agreements and Construction Issues: Oil and Water or Perfect Pairing!?

WSHB's Graham Miller Helps Demystify Construction Claims in the Pacific Northwest

WSHB Partner Janice Michaels Named to The Best Lawyers in America© 2020 List

One Bad Apple: Navigating through Sexual Battery and other Intentional Torts

Leading Construction Litigator Cynthia Tari Joins WSHB's Dallas Office

WSHB’s Philadelphia Partner Secures Summary Judgment in Catastrophic Premises Liability Matter

WSHB Welcomes New Partner Andrew Kessler

New Bill In New York Proposed for Signature by Governor Andrew Cuomo is Set To Make Employers "SWEAT"

Renowned Litigator Jason Williams Joins WSHB's Nevada Office

Litigator Richard Young Joins WSHB's Nevada Office

Published Appellate Opinion Upholding Summary Judgment in Favor of Commercial Tenant Against $3.5M Subrogation Suit

17 WSHB Lawyers Honored as 2019's Rising Stars

Arizona Supreme Court Allows Court of Appeals Decision Expanding Defendants' Ability to Enforce Settlements to Stand

WSHB’s Jason Klein Breaks Down the Good, the Sad and the Funny Sides of Claims

Litigating Sexual Battery and Other Intentional Torts: Navigating the One Bad Apple in Medical Negligence

WSHB Partner Michelle Arbitrio to Moderate Panel on Insurance and Risk Management in the Age of Mass Shootings

Girl on Fire: The Price of Pursuing the Truth in the #MeToo World

Pragmatic Issues on Settlement Versus Trial for Legal Malpractice Cases

WSHB Partner Jade Tran Named to Lawyers of Color's "Nation's Best" List

A Withering Assault

The Natural Progression of Natural Disasters

Nevada’s Governor Signs Chapter 40 Reform Bill

WA Condo Law Changes Hope to Curtail Frivolous Defect Lawsuits and Stimulate Production

WSHB Co-Founder Stephen Henning Steps Into the Spotlight at this Year's West Coast Casualty Seminar

Professional Liability Expert Weighs In On Protecting Your Practice From Opioid Doc Arrest Fallout

Penalties, Punitives, and Granny Cams: The Escalating Lure of Elder Abuse Litigation

Are Structured Settlements Still Relevant

Game Changing Trends Affecting Construction

He's Not My Guy: The Joint-Employer Doctrine

WSHB Case Update: DOL Proposes Increase to Minimum Salary Threshold

WSHB and DWF Announce Exclusive Association

North Carolina State Court in Uncharted Territory in Finding Covid-19 Business Interruption Coverage

WSHB Cyber Team Obtains Dismissal of Data Breach Class Action

Governor Newsom Signs Wildfire Legislation to Protect California Consumers and DOI Urges Carriers to Cover Wildfire Property Losses

WSHB Expands Geographic Footprint

October 23, 2020

A Superior Court Judge in Durham County, North Carolina recently ruled in favor of a number of restaurants in their collective action against Cincinnati Insurance for loss of business income due to the Covid-19 pandemic in a case captioned North State Deli, LLC, et al. v. The Cincinnati Insurance Company, et al., Case No. 20-CVS-02569. In a departure from courts across the country, the presiding judge held that government orders restricting the policyholders’ use of their restaurants constituted “direct physical loss” thus triggering the policies’ Business Income coverage. The court reasoned that the phrase “direct physical loss” “includes the inability to utilize or possess something in the real, material, or bodily world, resulting from a given cause with the intervention of other conditions” and therefore “describes the scenario where business owners…lose the full range of rights and advantages of using or accessing their business property.”...

October 13, 2020

WSHB Cybersecurity & Data Privacy team lead Christopher Seusing, along with senior counsel Ryan Schoeb and senior associate Robin Horton Silverman obtained a dismissal of a putative data breach class action brought against the firm's client, one of Florida’s largest healthcare providers. The client previously suffered a data security incident targeting its employee payroll system. The plaintiff filed suit on behalf of herself and approximately 63,000 other individuals alleging that the client failed to maintain an adequate data security system. The plaintiff's complaint raised nine causes of action, including a purported violation of Florida's Deceptive and Unfair Trade Practices Act, negligence, negligence per se, breaches of express and implied contract, intrusion upon seclusion/invasion of privacy, unjust enrichment, breach of confidence, and breach of fiduciary duty....

October 13, 2020

On October 1, 2020, California Governor Gavin Newsom signed three bills sponsored by the California Department of Insurance and Commissioner Ricardo Lara to enable future wildfire survivors to recover faster and protect the rights of domestic workers during an emergency. Senate Bill 872 was introduced on January 21, 2020 by Senator Bill Dodd. The new law will expand the definition of additional living expenses that must be paid to homeowners for losses incurred in a state of emergency and require an advance payment of no less than four months for costs such as housing, furniture rental and transportation. The new law will also mandate an advance payment of no less than 25 percent of the policy limit for lost contents without submission of an inventory form and require insurers to provide homeowners a 60-day grace period for payment of residential premium after an emergency. Additionally, insurers will be barred from deducting the land value from payouts for insureds who build on new lots....

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