Discussing a recent 1st Circuit decision allowing a multi-party arbitration to proceed because of contract language that was open to interpretation and contested by the parties, Mike Mullins and Ashley Harrison note that defining the scope of arbitration at the contract stage is crucial. In their Massachusetts Reinsurance Bar Association newsletter article, "First Circuit Highlights The Importance of Carefully Crafted Arbitration Clauses," they note that, "If the reinsurance contract's broad grant of authority is unaccompanied by additional language addressing the breadth of the proceeding, parties could find themselves litigating a procedural sideshow rather than the merits of their case."
The full article can be found here.
On January 12, in its Stamford office, Day Pitney held a 2-part, complimentary CLE program on cybersecurity issues facing the insurance industry.
Day Pitney Alert
On November 17 – 18, Michael Mullins will speak at the ARIAS U.S. Fall Conference and Annual Meeting at the New York Marriott Marquis.
Dan FitzMaurice authored an article, "Cyber Security and Data Security: What are the risks for insurance and reinsurance arbitrations," for ARIAS•U.S. Quarterly-Q3 2016.
Jonathan Handler and David Lieberman wrote an article, "Citizenship of LLCs and Subject Matter Jurisdiction in the Federal Courts: A Serious Concern Begging for Resolution," for Bloomberg BNA's Securities Regulation & Law Report. The article is about how many practitioners fail to understand a key legal distinction between LLCs and corporations as it relates to their state of citizenship.
On January 5, Day Pitney hosted a speech by Robert L. Capers, the U.S. Attorney for the Eastern District of New York, to the White Collar Crime Committee of the American Bar Association's Business Law Section (WCCC) at the firm's New York City office.
Eric Fader was quoted in an article, "Unknown Future of ACA Puts Blues Plans In an Uncomfortable Spot Heading Into '17," published in The AIS Report on Blue Cross and Blue Shield Plans.
Bill Goddard was quoted in an article, "4 Key Battles To Watch Over NAIC's Cyber Model Law," in Law360. The article is about the National Association of Insurance Commissioners draft of a model law outlining how insurers must safeguard consumers' information and respond in the event of a data breach.
John McLafferty was quoted in an article,"New pay equity law offers fertile ground for litigation," in Massachusetts Lawyers Weekly.
Bill Goddard and Susan Huntington were mentioned in an article, "Fewer exchange options could increase health premiums," in The Hartford Business Journal.