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The Policyholder Perspective

The Policyholder Perspective blog provides comments and insights on issues of importance to anyone interested in commercial insurance coverage. Farella Braun + Martel represents policyholders and claimants in insurance coverage disputes with insurers, and we will present the issues from that perspective. We won’t claim to be neutral in that respect, but we hope that everyone—policyholders, risk management professionals, and insurer-side counsel alike—will find our take on these issues to be interesting and informative, and perhaps evoke the need to comment and engage with the content.

Insurance cases in California and across the country are decided regularly. Some of these cases are surprising decisions and troubling from the policyholder perspective. This blog will discuss briefly some of these cases, and highlight some practical ideas about how to deal with them. We don’t intend this blog to be a stuffy “Reported Decisions” compilation—we expect to alert you to new cases, to practical problems we all encounter, to industry developments and provide practical guidance on the issues you are grappling with on a daily basis, just as we are.

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Privacy

Farella’s Privacy Blog provides comments and insights on issues of importance to anyone interested in or subject to the various data collection and protection legislation—a continuously expanding web of legislation from state, federal, and foreign jurisdictions. Farella represents companies in connection with their compliance obligations, and also in disputes that arise through administrative enforcement and private actions. As such, we will present the issues from that perspective. We won’t claim to be neutral in that respect, but we hope that everyone—data protection professionals, administrators, and even those representing private claimants—will find our take on these issues to be interesting and informative, and perhaps evoke the need to comment and engage with the content.

From the enforcement arising from recent legislation, such as the GDPR and the CCPA, to expected similar state legislation and even a potential federal law, we expect to see a constantly changing privacy landscape in the near term. All of this new legislation will leave various questions open that can only be answered through practice. This blog will discuss briefly some of these issues, and highlight some practical ideas about how to deal with them. We expect to alert you to new legislation and cases, to practical problems we all encounter, to industry developments, and provide practical guidance on the issues you are grappling with on a daily basis, just as we are.

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Firm Highlights

Publication

Election Year Issues for Private Foundations and Public Charities (Webinar)

Cynthia Rowland discusses Nonprofit Education Series on "Election Year Issues for Private Foundations and Public Charities." Public and private foundations may support nonpartisan election-related activities, but only in limited ways and amounts. Join our interactive live...

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News

Farella Braun + Martel Named Among 2022 Best Places to Work

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News

Legal Experts Say Opioid Coverage Disputes Far From Over

Shanti Eagle was quoted in Law360 's article "Legal Experts Say Opioid Coverage Disputes Far From Over."  Read the article here (subscription required).

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Publication

hiQ’s Groundbreaking Injunction Against LinkedIn Reaffirmed: Scraping of Publicly Available Data Likely Does Not Violate CFAA

The U.S. Court of Appeals for the Ninth Circuit has affirmed its prior decision , holding that LinkedIn could not block hiQ, a scraping entity, from scraping public LinkedIn profiles. The court found it was...

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Publication

Upside: Changes in the VCAP Liability Coverage Market

Over the past few years, there's been a dramatic rise in premiums in the venture capital liability insurance market and a steady increase in claims being submitted under those policies. We're also seeing a...

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News

2022 Cannabis Insurance Market Update

Tyler Gerking was quoted in  PropertyCasualty360 's article "2022 Cannabis Insurance Market Update."  Read the full article here (subscription required). Watch the webinar "Cyber Insurance for the Cannabis Industry" here .

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Publication

Illinois Courts Largely Favor Coverage for BIPA Cases Under CGL Policies

Since Illinois passed its Biometric Information Privacy Act (BIPA) in 2008, there has been a proliferation of class action lawsuits filed pursuant to the statute. BIPA generally bars private entities from collecting, capturing, purchasing...

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News

LinkedIn Loses Data Appeal

Erik Olson was quoted in the article "LinkedIn Loses Data Appeal" in CDR Magazine . In the article, Erik said: We are pleased to see that the Ninth Circuit has again affirmed, in light...

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Event

The 15th Annual Santa Fe Advanced Conference on Litigating Natural Resource Damages

Jim Colopy is a speaker at the 15th Annual Santa Fe Advanced Conference on Natural Resource Damages on the panel addressing "Federal Jurisdiction: Waters of the United States.” 

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Publication

Platform Ecosystems – The Landscape of US and EU Legislation (Webinar)

Stephanie Skaff and Nate Garhart discuss "Platform Ecosystems – The Landscape of US and EU Legislation." Several new bills targeting online platform companies are making their way through state and federal legislative bodies in the...

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