Schoenfeld and Dammrich Explain Burlington Ruling on Additional Insured Coverage
The Court of Appeals of New York has rejected “but for” causation interpretations of additional insured endorsements by other courts, holding that where a policy covers liability for injury “in whole or in part” by the named insured, a finding of proximate causation is required. Shook Partners David Schoenfeld and T.J. Dammrich explain the holding ofBurlington Ins. Co. v. NYC Transit Authority in “Proximate Causation Required for Additional Insured Coverage,” for the ABA Section of Litigation – Insurance Coverage, July 20, 2017.
European Commission Adopts EU-U.S. Privacy Shield for Transatlantic Data Flows
U.S. companies are nearer to having another lawful basis for transferring personal data across the Atlantic that is administratively easier to implement and manage.
Shook Attorneys Preview Expert View of ALI Liability Insurance Law Project
Yale Law School professor and insurance law and public policy expert George L. Priest analyzes the ALI's Restatement of the Law of Liability Insurance project. Two Shook attorneys preview his finding in a Law360 article.
The EU-U.S. Privacy Shield
On February 2, 2016, the European Union and the United States reached an agreement on an EU-U.S. Privacy Shield to replace the invalidated Safe Harbor framework. Elements of the new Privacy Shield include an annual joint review of the data-sharing pact and creation of an Ombudsman position within the U.S. Department of State to handle referrals of complaints from EU data protection authorities. Our privacy team discusses these breaking developments and provides an update on reactions from companies and regulators on both sides of the Atlantic.
Schwartz and Appel Pen Piece on Overreach of American Law Institute Restatement of the Law of Liability Insurance
Shook, Hardy & Bacon Partner Victor Schwartz and Associate Christopher Appel published an article in the Rutgers Law Review examining the American Law Institute’s development of a first-of-its-kind Restatement of the Law of Liability Insurance.