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Expert Analysis

• Crypto Coverage After FTX Fall: Accountant And Atty Liability

  

  The recent fall of cryptocurrency firm FTX highlights complexities regarding accounting and tax reporting for digital assets, and reveals lawyers’ potential liability exposure when providing services to crypto firms — as a result, insurers may face unintended vulnerabilities related to this nebulous landscape, say Anjali Das and Farzana Ahmed at Wilson Elser.

• Anticipating Tech Market Volatility With R&W Policies

  

  Technology executives, investors and their advisers should understand how representations and warranties insurance works ahead of a potential rise in claims activity and as deal makers focus on maximizing existing deals' value amid economic uncertainty, says Eric Larson at Morris Manning.

• Crypto Coverage After FTX Fall: D&O Liability

  

  The fallout surrounding the recent implosion of cryptocurrency firm FTX highlights potential crypto coverage exposure — including in the area of directors and officers liability — for insurance carriers in the evolving and largely misunderstood world of digital assets, says Anjali Das at Wilson Elser.

• Litigation, Compliance And Enforcement In The 'Crypto Winter'

  

  In 2022, cryptocurrency valuations plummeted, litigation proliferated and the "crypto winter" led to several high-profile bankruptcies, resulting in novel factual and legal questions being raised in areas like general commercial litigation, intellectual property, securities, bankruptcy, cybersecurity and compliance, say attorneys at Arnold & Porter.

• The 7th Circ.'s Top 10 Civil Opinions Of 2022

  

  Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

• Cultivating Good Relationships With Insurance Regulators

  Excerpt from Practical Guidance

  

  Insurers can develop mutually beneficial working relationships with insurance regulators by following some simple tips for streamlining communication, knowing how and when to ask for help, and treating regulatory staff with professional courtesy, says Layna Rush at Baker Donelson.

• How Ohio Software Ruling Implicates Crypto Insurance Claims

  

  The Ohio Supreme Court's recent decision in EMOI Services v. Owners Insurance, holding that software can never be physically damaged, has limited precedential value for property claims, but serious implications for cases involving loss or damage to intangible assets like cryptocurrency and non-fungible tokens, say Jane Warring and Shannon O’Malley at Zelle.

• 6 Ways To Avoid Compounding Errors When Practicing Law

  

  For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.

• More Stringent Calif. Claim Law Could Benefit Policyholders

  

  Although a new California statute that imposes additional requirements for policyholder presuit demands — effective Jan. 1 — was ostensibly passed as a bad faith liability shield for insurers, used correctly it may provide a more specific road map for plaintiff recovery, says Shanti Eagle at Farella Braun.

• Sandbagging Issues To Watch In Deal Documents

  

  Attorneys at Kramer Levin explore how transactional practitioners address sandbagging in acquisition agreements, the default rules that courts may apply when deal parties are silent on the issue, and how sandbagging comes up in the context of representation and warranty insurance policies and any related special indemnities in acquisition agreements.

• Ky. Ruling Shows Need For Consistent Insurer Claim Replies

  

  The Kentucky Supreme Court's recent ruling in Ashland Hospital v. Darwin Select Insurance, allowing a hospital to continue seeking coverage for a medical malpractice claim, warns insurers against invoking a prior-notice exclusion to bar coverage after previously rejecting a notice of potential claim as insufficient, say Chet Kronenberg and Lindsay DiMaggio at Simpson Thacher.

• Check This List Twice: 4 Steps To Abate Coverage Concerns

  

  This holiday season give your company the gift of following easy administrative steps to avoid the far-too-common clerical errors that could lead to forfeited insurance coverage, say Vivek Chopra and Mattison Kim at Perkins Coie.

• Lessons On Notice From 7th Circ. Claims-Made Policy Ruling

  

  The Seventh Circuit's recent decision in Hanover Insurance v. R.W. Dunteman contains broad lessons for policyholders — as many claims-made policies include similar aggregation and claims notice provisions as the one at issue — on how to preserve coverage, say Brian Scarbrough and Maura Smyles at Jenner & Block.