One of the now-standard storylines about the global financial crisis is that despite all the chaos very few corporate executives were prosecuted and even fewer went to jail. However, rather than interpreting these circumstances to suggest that there was insufficient evidence to convict corporate executives beyond a reasonable doubt, some observers have decided that the problem was that there is something wrong with our criminal justice system.   One observer who has made a hobby…
Long on the wish list of practitioners and plan sponsors alike, self-correction of certain common plan document issues and loan failures is finally an option under the Internal Revenue Service’s Employee Plans Compliance Resolution System (“EPCRS”), newly minted via Rev. Proc. 2019-19. It is no secret that the IRS is continually dealing with reduced budgets and staffing.  This, in part, has led to recent changes to EPCRS and its component program, the Voluntary Correction…
Applying California law, a federal district court has held that an insurer was not obligated to cover a labor union’s defense costs and damages in a lawsuit brought by a former employee because the alleged wage and hour violations were not “wrongful employment practices” or “wrongful acts” under the policy.  United Farm Workers of Am. v. Hudson Ins. Co., 2019 WL 1517568 (E.D. Cal. Apr. 8, 2019).  The court also held that material misrepresentations…
Liability Policy Limited to Insured Residence Premises Houses are often homes. Not all houses are homes. Not all properties with a house are residences or residence premises. Insurance policies never cover every conceivable potential exposure the insured faces. By their terms the policy limits its exposure based on the requirements and needs of the insured and the willingness of an insurer to take on that risk. FACTS In Shelley Lynn Yocom v. RAM Mutual Insurance…
    In a case related to Great Divide Ins. Co. v. Hawaiian Kamali`i, 2019 U.S. Dist. LEXIS 43106 (D. Haw. March 15, 2019) [post here], the Federal District Court for the District of Hawaii confronted issues created by a cross-claim for one of the purported insureds. United States Fire Ins. Co. v. Hawaiian Canoe Racing Ass’ns, 2019 U.S. Dist. LEXIS 55034 (D. Haw. March 29, 2019).      Similar to Great Divide, this case…
In the 1950’s farce The Great Rupert (aka A Christmas Wish), starring Jimmy Durante, a mischievous dancing sideshow squirrel accidentally discovers and misdirects a miser’s cache of cash to an impoverished family living next door through a hole in the roof. Silly movie plot? Perhaps … but having seen this film several times, I can attest that Rupert’s antics set humorous events in motion.…
In a terse, unsigned one-sentence April 23, 2019 per curiam opinion, the U.S. States Supreme Court has just one week after oral argument dismissed the grant of certiorari in the case of Emulex Corporation v. Verjabedian as “improvidently granted.” The Court had granted cert in the case in order to address a circuit split on the question of whether or not a claimant in must plead scienter in order to establish a tender offer misrepresentation…
Appointed by Governor John Hickenlooper, Michael Conway serves as Colorado’s Insurance Commissioner where he is tasked with regulating and monitoring insurance companies and insurance agents in Colorado. With the mission of Consumer Protection, Michael Conway and the Colorado Division of Insurance have streamlined a simple process for insurance consumers to file complaints against insurance companies that are mistreating, slow paying, or not paying their insurance claims.…
Summit Magic Publishing LLC is selling releases written by attorneys for specific outdoor recreation businesses. Written by an attorney with 25 years of experience writing releases for the outdoor recreation industry. Start here until you can afford and need a release specific to your needs of your business. The releases are complete in every way. They come with instructions on how to fill in the blanks for your business and with information for you and…