Reversing a shocking ruling by a trial court, a California Court of Appeal has blocked discovery into communications between members of a law firm representing an insurer, the attorneys' preparation of litigation materials, and their communications with a private investigator…
The Nevada Supreme Court recently held that a property insurance policy's earth movement exclusion was ambiguous because, unlike some other earth movement exclusions, it did not state clearly whether it applied to both natural and man-made earth movement. Powell v…
New U.S. Supreme Court Opinion: AT&T Mobility v. Concepcion At the end of April 2011, the U.S. Supreme Court issued an opinion in AT&T Mobility v. Concepcion, holding that arbitration agreements that limit or prohibit class actions are valid. Though…
This second part of a multi-part series continues the review of some words and phrases commonly found in maritime contracts and marine insurance policies but perhaps not in other contexts. Force Majeure Force majeure is a French phrase meaning "superior…
The Ninth Circuit's recently expanded application of the Computer Fraud and Abuse Act provides enhanced criminal remedies for the unauthorized use of protected computer data. The Computer Fraud and Abuse Act (CFAA)[1] creates civil and criminal liability in certain instances…
Pacific Maritime Magazine Certain words and phrases are commonly found in marine insurance policies and maritime contracts, but may not be found in everyday parlance. Some have a long maritime history and others have arisen more recently as the result…
As the world economy expands with increasing global connections, we find that more and more of our clients operate in foreign locations or hire foreign workers. There are a number of statutes and rules to be aware of, both on…
California Supreme Court concludes "any insured" language in intentional conduct exclusion is contrary to statutory fire policy. Last week, California joined a number of other states, including Arizona, Idaho and New York, in concluding that the state's statutory fire insurance…
Pacific Maritime Magazine The parties to a maritime contract have various options when trying to resolve a dispute. [See "Resolving Maritime Disputes", Pacific Maritime Magazine, January 2010] They also have the option of agreeing on the geographic location for dispute…
Information that your business believes is confidential, including foreign product sources and distribution, is not necessarily treated confidentially at U.S. ports of entry. This article explains how, with a bit of planning, the confidentiality of shipping data can be enhanced…