Publications
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Alerts
Wiley Rein attorneys author timely alerts on the latest developments on regulatory and legislative activities, court rulings and case law on a number of legal topics. These alerts, which are delivered to Wiley Rein clients and are available below, serve to keep readers up-to-date on late-breaking legal developments in a number of areas, including insurance law, intellectual property, communications and international trade.
SEARCH ALERTS
DOD Publishes Final Rule on Government Support Contractor Access to Contractor Proprietary Technical Data & Software
May 23, 2013
California District Court: No Coverage for Complaints Against Insured Law Firm Alleging Improper Withholding of Fees
May 21, 2013
Revised NGHP User Guide Mandates Technical Reporting Revisions But Announces No Policy Changes
May 20, 2013
Fee Exclusion Deemed Ambiguous
May 20, 2013
Enforceable Contract or Unenforceable Agreement to Agree? The Importance of Specificity in Teaming Agreements
May 17, 2013
FCC Clarifies that a Seller May Be Held Vicariously Liable for the TCPA Violation of Its Telemarketing Firm
May 16, 2013
Senator Rockefeller Asks GAO to Study JSAs and SSAs
May 15, 2013
June 3, 2013 FCC EEO Deadlines
May 13, 2013
Court Dismisses Claim for Coverage for a First-Party Loss Under a Third-Party Liability Policy
May 8, 2013
Malpractice Actions by Multiple Clients for Separate Services Do Not Constitute Related Claims
May 1, 2013
Putting “Better Buying Power” Into Practice: DOD Issues Implementation Directive for Better Buying Power 2.0
April 26, 2013
Federal Distracted Driver Guidelines for Auto Manufacturers Set the Stage for Regulation of Mobile Devices and Tablets in Cars
April 24, 2013
Comment Dates Set in Indecency Proceeding
April 19, 2013
Court of Appeals Affirms That “In Fact” Requirement Was Triggered by Jury’s Guilty Verdict
April 18, 2013
Bond Exclusion and Insured vs. Insured Exclusions Bar Coverage for Claims Against Property Management Company
April 18, 2013
Fraud Exclusion Bars Coverage for Suit Against Bank Regarding Life Insurance Premium Loans
April 18, 2013
Allegations of Misleading Statements Regarding Scope of Coverage Not Sufficient to Support Insureds’ Fraud Claim
April 18, 2013
Prior Knowledge Exclusion Bars Coverage Where Law Firm’s Mistake Allowed a Seller to Void Client’s Deal
April 18, 2013
“Based Upon, Arising From, or In Consequence Of” Language in Exclusion Requires Causal Connection, Not Proximate Causation
April 18, 2013
Controlling Shareholder’s Bankruptcy Does Not Render Entity Insolvent; Fraud Claim Uninsurable as a Matter of Law
April 9, 2013
Claimant May Use Connecticut Direct Action Statute to Sue Carrier After Compromising Claim with Policyholder
April 9, 2013
D.C. District Court Affirms OFCCP’s Expanding Jurisdiction Over the Health Care Industry
April 9, 2013
Insurer Waives Right to Allocate Settlement
April 5, 2013
Professional Services Exclusion in D&O Policy Bars Coverage for Claims Against Financial Advisor
April 4, 2013
Factual Issues Preclude Application of Prior Knowledge Provision and Exclusions as a Matter of Law
April 4, 2013
Dishonesty Exclusion Precludes Coverage for Claim Based in Part Upon Knowingly Wrongful or Fraudulent Acts
April 4, 2013
FCC Asks for Comment on Indecency Policies
April 2, 2013
Commerce Department Seeking Industry Comment on Cybersecurity Incentives—Opportunity to Shape Policy
March 28, 2013
Keeping Out of Treble: What the Seventh Circuit’s Adoption of Net Trebling Means for FCA Damages
March 27, 2013
Errors in Design of Building Exterior Not Related
March 26, 2013
Sending Unsolicited Faxes “Is Neither the Rendering Nor the Failure to Render Professional Services”
March 7, 2013
Implementing Sequestration: OMB Issues Memorandum Detailing Agencies’ Responsibilities
March 4, 2013
Mortgage Backed Securities Are Not “Securities of an Organization”
February 28, 2013
FCC Seeks Comment on Proposal to Clarify Foreign Investment Rule
February 26, 2013
Supplemental Extended Reporting Period Does Not Supplant Automatic Extended Reporting Period
February 25, 2013
April 1, 2013 FCC EEO Deadlines
February 20, 2013
Court Rejects Insured’s Motion to Stay Coverage Action Pending Resolution of Underlying Claims
February 20, 2013
No Common Interest Exception to Attorney-Client Privilege for Insurer Paying Defense Costs
February 19, 2013
Prior Notice Exclusion Does Not Bar Coverage Where Notice of Circumstances Was Not Valid under Prior Policy
February 15, 2013
No Estoppel Because Excess Insurer Has No Duty to Reserve Rights in the Absence of a Duty to Defend
February 15, 2013
Excess Policies Do Not Attach When Policyholder Cannot Prove that Settlements with Underlying Insurers Exhausted Policy Limits
February 14, 2013
FCC Issues EAS Security Warning
February 14, 2013
No Coverage for Breach of Contract Claims
February 14, 2013
President Obama Announces the Negotiation of a Transatlantic Trade and Investment Partnership with the European Union
February 13, 2013
Combating Cyber-Terrorism: President Issues Executive Order on Improving Critical Infrastructure Cybersecurity
February 13, 2013
District Court: “Other Insurance” Provisions Mutually Repugnant and “Loss” Does Not Require That Insureds Pay Settlement
February 11, 2013
Reminder: Next IP Captioning Benchmark Hits in March
February 11, 2013
Rescission Applicable to Coverage for “Innocent Insured”
February 11, 2013
OFCCP Issues Directive Cautioning Contractors on Hiring Exclusions Based on Criminal Records
February 8, 2013
Prior Knowledge Exclusion Inapplicable Where Imputation Unavailable
February 4, 2013
Prior Knowledge of Previously Affiliated Attorney Bars Coverage For Action Against Insured Law Firm
January 31, 2013
Complaints of Discrimination Based on National Origin Alleging "Same Basic Acts" of Discrimination Deemed Interrelated
January 30, 2013
Policy Affords No Coverage to Law Firm for Claim Arising from Attorney’s Business Enterprise
January 25, 2013
When Other Insurance Provisions Conflict, Standard Escape Provisions Will Not Prevail over Excess Provisions
January 24, 2013
Bankruptcy Court Exercises Jurisdiction Over Trustee’s Adversary Proceeding Against Insurer
January 18, 2013
Hurricane Damage Claim Barred by Property Damage Exclusion
January 18, 2013
California Court Enforces Professional Services Exclusion
January 15, 2013
Insured Gave Adequate Notice of Potential Claim
January 15, 2013
Court Holds That Personal Profit Exclusion Bars Coverage for Claims of Interference with Contract and Violation of Consumer Protection Laws
January 14, 2013
Expanded Sanctions Against Iran Continue Unabated in the New Year
January 11, 2013
Allegation of Negligence Sufficient to Overcome Handling of Funds Exclusion to Trigger Duty to Defend
January 10, 2013
“Additional Insured” Does Not Fall Within Definition of “Insured”
January 10, 2013
February 1, 2013 FCC EEO Deadlines
January 8, 2013
CFIUS Annual Report Finds a Coordinated Strategy to Acquire Critical U.S. Technology
January 8, 2013
Online Public File Deadline Approaching
January 4, 2013
President Obama Signs FY2013 National Defense Authorization Act
January 4, 2013
Miscellaneous Tariff Bill Introduced In House
January 3, 2013
Prior Knowledge Exclusion Does Not Apply Where Acts Occurred Before and After Policy Period
January 2, 2013
FAR Council Issues Final Rule on Non-displacement of Qualified Workers Under Service Contracts
December 27, 2012
Accident During Traffic Stop Is Covered under Professional Liability Policy, Not Automobile Liability Policy
December 21, 2012
New COPPA Rule Expands Children's Online Privacy Protections
December 20, 2012
No Duty to Defend Where Insured’s Actions Clearly Fell Within Business Enterprise Exclusion
December 19, 2012
Federal Court Exercises Jurisdiction over Insurer’s Declaratory Judgment Action Arising out of FDIC Demand
December 17, 2012
Application of Insured v. Insured Exclusion Turns on Whether Plaintiff Was in Fact Duly Elected or Appointed as a Director
December 14, 2012
Professional Services Exclusion Ambiguous as to Service Not Specified Within Exclusion
December 13, 2012
Extension of the Applicability of Blue & Gold to All Pre-Award Contexts
December 11, 2012
Going it Alone: Recent Federal Court Decision Demonstrates Risks of Losing Privilege When Conducting Internal Investigations Without Counsel
December 10, 2012
SEC Charges Chinese Affiliates of Major Accounting Firms with U.S. Securities Laws Violations
December 10, 2012
Wiley Rein International Trade Practice Wins Largest Trade Remedy Case Ever Against China: Commerce, ITC Rulings Conclude High-Profile Solar Trade Case
December 7, 2012
Endorsement Retroactively Terminated Coverage
December 6, 2012
Court Dismisses Breach of Contract Claim But Allows Bad Faith Claims to Go Forward Against D&O Insurer
December 6, 2012
Liquidated Damages Revisited
December 5, 2012
State Department Proposes Revision of U.S. Munitions List Regarding Military Electronics
December 4, 2012
Wiley Rein’s Michael Toner Comments on Social Media Accounts Used by Political Campaigns
December 4, 2012
Public Policy Precludes Enforcement of Voluntary Payments Clause in Lawyers Professional Liability Policy
November 26, 2012
Comments Sought on Petition for Rulemaking to Amend the Federal Communications Commission's Contest Rule to Permit Online Disclosure of Material Contest Terms
November 21, 2012
The Federal Circuit Rules That a Party Can Bring a Walker Process Antitrust Claim Even in the Absence of a Patent Dispute
November 20, 2012
FCPA: What the DOJ and SEC’s Long-Awaited Guidance Means for Business
November 16, 2012
Informal Investigation Constitutes a Claim
November 14, 2012
GAO Report on Bid Protest Statistics for 2012
November 14, 2012
Definition of Wrongful Act and Intentional Acts Exclusion Bar Coverage for Action Alleging Fraud and Conspiracy
November 14, 2012
December 3, 2012 FCC EEO Deadlines
November 13, 2012
Reminder: Annual DTV Ancillary/Supplementary Services Report for Commercial and Noncommercial Television Stations Due December 3, 2012
November 13, 2012
Failure to Provide Timely Notice of Original Complaint Does Not Negate Coverage for Amended Complaint
November 13, 2012
Complaint Filed Prior to Policy’s Inception Is Not “Claim Made” Within the Policy Period
November 12, 2012
Alleged Supervisory Role Not Sufficient to Relieve Insurer of Duty to Defend Pursuant to Professional Services Exclusion
November 12, 2012
Settlement Agreement Extends to Later Claims Covered by Scope of Release
November 12, 2012
SBA Provides Important Guidance on “Non-Manufacturer Rule,” Validates Practice of “Drop Shipment” by Small Business Resellers
November 9, 2012
Allegations Concerning Alleged Malpractice Are “Related Claims” to Prior Claim Involving Same Insured, Claimant and Time Period
November 7, 2012
Insurer Not Liable for $1.3 Million in Pre-Tender Defense Costs
November 1, 2012
Reminder: FCC CALM Act Rules Take Effect December 13
October 31, 2012
Priority of Payments Provision Allows Insurer to Make Settlement Payments on Covered Claims Against Directors and Officers
October 25, 2012
Fifth Circuit Affirms Insurer’s Right to Select Defense Counsel
October 16, 2012
FCC Clarifies Aspects of Rural Radio Order
October 15, 2012
FCC to Hold Spectrum Auction Workshop for Broadcasters on October 26
October 12, 2012
Ninth Circuit’s Amended Opinion Concludes No Evidentiary Foundation for Requested Jury Instruction on Affirmative Duty to Settle
October 11, 2012
Innocent Insured Provision Precludes Imputation of Knowledge for Application Question
October 10, 2012
Coverage for Wrongful Termination Action Not Barred by Insured’s Failure to Report Previous Demand Letter from Former Employee
October 10, 2012
Prior Knowledge Exclusion Bars Coverage for Innocent Insured
October 10, 2012
Computer Software Exclusion Barred Coverage for Wrongful Death Claim Arising Out of Failure to Update GPS Software
October 9, 2012
Insured Waived Attorney-Client Privilege by Providing Defense Counsel’s Memo to Insurer
October 9, 2012
Bankruptcy Court Lacks Jurisdiction Over WaMu Coverage Lawsuit
October 4, 2012
Federal Court Abstains from Hearing Coverage Action Where Underlying State Court Action Sought Declaration of Parties’ Rights under Policy
October 3, 2012
FCC Seeks Comment on Broadcast Incentive Auction Issues
October 3, 2012
Rescission Proper Where Insureds Failed to Disclose Administrative Complaints and Resulting Investigations on Policy Applications
October 1, 2012
FCC Initiates Broadcast Incentive Auction Process
September 28, 2012
FCC Launches Review of Spectrum Holding Limits
September 28, 2012
Executive Order Imposes New, Concrete Anti-Trafficking Obligations on Contractors
September 27, 2012
House Committee Moves SMART Act Forward; Medicare Reaffirms Position on Mandatory Insurer Reporting Under Accident & Health and Short-Term Travel Policies
September 25, 2012
Lawyer’s Agreement to Return Retainer Not a Claim
September 24, 2012
Court Enforces Fiduciary Exclusion in Staffing Services Liability Policy
September 24, 2012
Update on Sequestration WARN Notification Requirements: OMB Report Issued
September 24, 2012
Insurer’s Denial of Defense Based on Wage-and-Hour Exclusion Held To Be Bad Faith
September 24, 2012
FDA Extends Comment Period on Controversial Cost Burden Analysis of Proposed Unique Medical Device Identifier System
September 19, 2012
Sanctions Petition Seeking Other Relief Is Within Definition of “Damages” Despite Sanctions Carve Out
September 17, 2012
Insurer Has Duty to Defend Where Accountants Allegedly Used Professional Services to Recklessly Provide False Information to Authorities
September 17, 2012
Classic Distributing and Beverage Group, Inc. v. Travelers Casualty and Surety Company of America
September 17, 2012
Less-Than-Limits Settlement With Primary Insurer Does Not Satisfy Excess Policy’s Exhaustion Requirement
September 17, 2012
Underlying Insurance Not Exhausted By Insured’s Out-of-Pocket Payment of Defense Costs
September 17, 2012
Based on “Other Insurance” Clause, D&O Insurer Has No Duty to Defend Suit Covered by General Liability Policy
September 11, 2012
October 1, 2012 FCC EEO Deadlines
September 10, 2012
Exclusion for Misappropriation of Assets Bars Coverage for Claims Against Insured Law Firm
September 5, 2012
Prior Knowledge Provision Implicated by Insured’s Pre-Policy Inception Knowledge of Employee Allegations of Workplace Harassment
August 31, 2012
Portable Electronic Devices Aboard Aircraft
August 29, 2012
Georgia Bankruptcy Court: FDIC May Sue Officer of Failed Bank, Notwithstanding His Bankruptcy, If Defense and Recovery Limited to D&O Insurance
August 28, 2012
Contract Exclusion Bars Coverage for Related Fraud Allegations
August 28, 2012
Proposed FAR Rule Would Require Contractors to Follow Basic Security Protocols for Information Systems
August 28, 2012
Reminder: First IP Closed Captioning Deadline is September 30
August 24, 2012
Treasury Adds Iraq to List of Boycotting Countries
August 24, 2012
Vicarious Liability: Do a Franchisor’s Actions Speak Louder Than Its Contractual Words?
August 24, 2012
Declaratory Judgment Action Dismissed Due to Insureds’ Failure to Comply with ADR Clause
August 21, 2012
Fourth Circuit Holds That Prior Knowledge Exclusion Bars Coverage for Claims Arising Out of Ponzi Scheme
August 14, 2012
FTC’s Proposed Revisions to Children’s Online Privacy Protection Act Regulations Threaten Websites
August 13, 2012
Insured’s Failure to Provide Notice of Claim to Excess Insurer Until After an Adverse Jury Verdict Prejudiced the Excess Insurer
August 13, 2012
Eighth Circuit Affirms that Reasonable Person Standard Applies to Prior Knowledge Provision
August 13, 2012
FCC Annual Regulatory Fees Due September 13
August 13, 2012
GAO Recommends that the FCC Reassess Exposure and Testing Requirements for Mobile Phones
August 13, 2012
PCAST Releases Report Regarding Spectrum Sharing
August 8, 2012
Going Low: Ninth Circuit Holds that False Estimates and Fraudulent Underbidding Can Lead to False Claims
August 7, 2012
Third Circuit Refuses to Look Beyond Underlying Complaint to Determine If Putative Plaintiffs Are Actually Insureds
August 3, 2012
The Fifth Circuit Rules that Government Employees Can Blow the Whistle on Alleged False Claims Act Violations
August 3, 2012
Claims for Restitutionary Relief Held Uninsurable
July 30, 2012
News Report Not Notice of Potential Claim
July 27, 2012
Court of Federal Claims Holds that Agency Administrative Processes Do Not Delay Accrual of Government Claim
July 23, 2012
Trustees Have No Standing To Object to Disbursement of Policy Proceeds in Interpleader Action
July 20, 2012
Broadcasters Found Unlikely to Succeed in Suit Against Internet Television Streaming Service
July 20, 2012
Court Requires Allocation Where I v. I Exclusion Applies to Some But Not All Claimants
July 19, 2012
Insurer's Reservation of Rights Does Not Automatically Give Rise to Right to Independent Counsel
July 13, 2012
August 1, 2012 FCC EEO Deadlines
July 2, 2012
CMS Delays Issuance Of Revised NGHP User Guide; New Entities To Replace COBC And MSPRC
June 21, 2012
Policy Voided Where Insured Concealed Operation of Ponzi Scheme and Misrepresented Financial Status
June 19, 2012
New York Appellate Court Holds Excess Policies Do Not Attach When Policyholder Compromised Underlying Limits
June 15, 2012
Under California Law, Medical Malpractice Policies Do Not Cover Medical Board Professional Disciplinary Actions
June 15, 2012
California Statute Limiting Defense Costs Does Not Apply Where Carrier Denies Coverage
June 15, 2012
CMS Solicits Comments Defining Obligations To "Protect Medicare's Interests" When Settlement Involves "Future Medicals"
June 15, 2012
Insurer Not Liable for Amounts in Excess of Policy Limit Unless Caused by Breach of Duty to Defend
June 12, 2012
FCC Announces Sunset of Viewability Rule
June 12, 2012
Breach Of Contract Exclusion Bars Coverage For Lawsuit Alleging That Insured Failed To Valuate Stock In "Good Faith"
June 12, 2012
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