The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” Finally Levels the Playing Field by Kathryn Hatfield

June 22nd, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , , , , , , , |

The Author Kathryn V. Hatfield (khatfield@hatfieldschwartzlaw.com) is a partner in the women-owned law firm of Hatfield Schwartz Law Group LLC where she focuses on advising and representing management in labor and employment law matters. Kathryn is a member of the Editorial Advisory Board for the Journal of Emerging Issues in Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” Finally Levels the Playing Field "While arbitration offers privacy and confidentiality, it is for exactly these reasons that the #MeToo movement developed. Moreover, other than perhaps the differences in the speed of the two processes, the advantages of arbitration can be flipped on their head and become disadvantages." Abstract: The Equal Employment Opportunity Center alone receives on average approximately 7,000 sexual harassment claims a year, a figure that does not include claims filed with state and local agencies. The cost of resolving these claims logged by the EEOC averages $63 million a year based on the past four years. On average, there are nearly 464,000 victims (age 12 or older) of rape and sexual assault in the United States each [...]

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Policyholders Hit With Ransomware, Then Strike Insurance Coverage Oil in Indiana

June 30th, 2021|Categories: Cyber Risk Litigation, HB Emerging Law Notes, HB Risk Notes, HB Tort Notes, Journal on Emerging Issues in Litigation|Tags: , , , |

Policyholders Hit With Ransomware, Then Strike Insurance Coverage Oil in Indiana Abstract The cost of ransomware to businesses is estimated to have doubled since 2019 to $20 billion, according to Coveware. Policyholders turn to their insurance policies to recover losses that average more than $230,000 per incident. In the case discussed, the carrier denied a policyholder’s claim as being outside the computer fraud provisions of the commercial crime portion of the policy. Two lower courts sided with the carrier, but the Indiana Supreme Court ruled in favor of coverage. This is a significant win for policyholders seeking coverage for losses under policies not sold as “cyber insurance.” The article discusses the decision and the precedents cited in an area of litigation that only promises to expand as ransomware and similar digital crimes proliferate. Author Scott Godes and Andy Detherage were counsel to United Policy-holders, which submitted an amicus brief in favor of granting transfer and reversing the lower court decision, in the Indiana Supreme Court decision referenced in this article. Messrs. Godes and Detherage are partners in Barnes & Thornburg LLP. About The Journal on Emerging Issues in Litigation is a co-production of HB, Fastcase, and Law Street Media. You can also hear the complementary (and complimentary) Emerging Litigation Podcast wherever podcasts appear. For questions, contact Tom Hagy, Editor [...]

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Charlie Kingdollar on Sexual Abuse Claims

May 25th, 2021|Categories: HB Emerging Law Notes, HB Risk Notes, HB Tort Notes|Tags: , , , |

Charlie Kingdollar on Sexual Abuse Claims and Litigation: Their Impact on the Insurance Industry Abstract The statistics surrounding childhood sexual abuse and molestation are staggering. Many make headlines such as the cases brought against clergy, athletic coaches, Boy Scout leaders, and actors and movie producers. This article attempts to size the impact of these cases on the insurance industry, and what measures are being taken that will allow more lawsuits to be filed on behalf of victims years after they were abused or molested. Author Charlie Kingdollar recently retired after 40 years with General Reinsurance Corp., where he was Vice President and Emerging Issues Officer. He is widely considered to be among the best resources for new liability risks, even called by one colleague as a “prescient and gifted industry futurist.” I recommend you follow him on LinkedIn. --Tom Hagy About The Journal on Emerging Issues in Litigation is a co-production of HB, Fastcase, and Law Street Media. You can also hear the complementary (and complimentary) Emerging Litigation Podcast wherever podcasts appear. For questions, contact Tom Hagy, Editor in Chief, at Editor@LitigationConferences.com.

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