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Insuring Intangible Assets Like Data, Brand, and Intellectual Property

 

When people think of property insurance, they often immediately think of buildings – things like houses, retail stores, or warehouses.  If they continue the thought further, they may think of additional items of property like furniture or inventory.  These items have a very real physical presence, and that physical presence subjects them to potential damage or loss from known hazards like a fire or water damage.  Property insurance exists to protect individuals and companies from that loss.

Municipalities Sue Big Pharma For Opioid Crisis Damages

 

The opioid epidemic, besides its unfathomable human costs, has had large economic costs for businesses and governments who must manage workers compensation costs. Opioid prescriptions in the wake of workplace injuries have been linked to higher workers compensation payouts and longer layoffs before injured employees return to work. Facing the bill for these costs, government, citizens, and private entities have filed a veritable avalanche of lawsuits against pharmaceutical companies for their manufacture and marketing of opioid based painkillers.

Marriott's Cyber Breach Announcement Shows How Years Can Pass Without Even Large Businesses Noticing A Hack

It seems not a week goes by these days without news breaking of another massive data breach affecting hundreds of millions of people.  At the end of November 2018, Marriot, the global hotel chain, announced they had been hacked and the personal information of five hundred million preferred customers had been exposed to criminals. What’s worse, Marriott announced the original data breach occurred over four years ago, leaving people unknowingly at risk for identity theft during that time.

Why #MeToo Should Have Businesses Looking At Their Insurance Policies

The #MeToo movement is proving how social media affects the workplace, in this case the culture. While some commentary is concerned with the validity of claims or support of victims, there is no question that it has significantly increased the pressure on employers to prevent sexual harassment in the workplace. Many employers have responded by increasing workplace training and updating their employment policies.

NLRB Joint Employer Update On Browning-Ferris For Fall 2018

 

 The next step in the long running saga over the Browning Ferris rule has finally arrived. After the National Labor Relations Board issued its decision in Browning-Ferris in 2015, a wave of lawsuits, regulatory challenges, and attempted legislative overrides put the future of that decision into doubt. An overturning of the rule became a key focus of the new administration in charge at the National Labor Relations Board. The board even issued a decision that purported to overturn the rule only to have that decision retracted due to an ethics issue. Now, on September 13, 2018, the Board has issued a new proposed regulation that seek to overturn the Browning-Ferris decision.

How An Indemnification Clause In A Contract Can Causes Problems For Your Business

Risk transfers are a vital aspect of any comprehensive risk management plan.  Theoretically, those in the best position to avoid a risk should always bear responsibility for the risk.  The real world does not work that way, unfortunately.  Oftentimes, larger companies and larger contractors use risk transfers to try and push liability “downhill” – onto the backs of smaller companies with less negotiating leverage.

New Handbook Rules From NLRB Are More Employer-Friendly

As part of a widespread regulatory overhaul, the National Labor Relations Board recently issued new guidance on employee handbooks. The new handbook rules are considerably friendlier to employers than the old rules, and the NLRB has tried to provide employers with clear examples of how to remain in compliance with the new guidelines. The guidance results from a case decided by the NLRB in December 2017, The Boeing Company, which overturned a previous Bush II era case that imposed much stricter guidelines for acceptability when reviewing provisions of employee handbooks.

Browning-Ferris Goes To The Golden Arches

Issues of joint employment responsibility continue to make headlines across the United States.  Controversy has reigned ever since the National Labor Relations Board issued its decision in Browning-Ferris which changed the standards for establishing when a joint employment relationship exists.  The Board has overturned its Browning-Ferris decision in the intervening years, only to have the case overturning Browning-Ferris itself get overturned due to ethical issues.  States have moved forward with enforcing stricter joint employer liability standards even in the absence of federal action.  Businesses have had to try and re-define their employment relationships in a world of considerable uncertainty.

Best Interest Rules In Fiduciary Responsibility Introduced By Security And Exchanges Commission

  

Many regulations put into place during the past few years have faced the potential for roll-backs under the current administration. This holds especially true for some controversial rules issued by the Department of Labor. These roll-backs, though, have introduced their levels of uncertainty into the marketplace, placing companies at considerable risk of unwittingly acting against their own interests.

With A Recent Supreme Court Ruling, The List Of Exempt Employees May Expand

Like with many areas of employment-related regulation, standards regarding overtime exemptions have seen considerable instability in recent years.  During the Obama years, the Department of Labor sought to significantly expand the number of employees eligible for overtime.  Those regulations faced a difficult time in litigation in front of various federal district courts before the new administration rescinded them.  Now, a recent decision from the United States Supreme Court has significantly expanded the way in which the Department must analyze exemptions, increasing the number and types of employees that employers can avoid paying overtime.