Guidance For Agents Regarding E&O Exposure
By Colleen M. Murphy, Esq. and Fallyn B. Cavalieri, Esq. of Goldberg Segalla LLP
Minimizing an insurance agent or broker's errors and omissions (E&O) exposure due to an insurer's insolvency has been a long-standing concern of insurance agents and brokers. Questions that insurance agents and brokers have posed about recent downgrading of carriers in the A.M. Best ratings have brought insurer insolvency issues to the fore.
Service and Technical Professional Liability Insurance Policy - Personal Profit Exclusion
By Joseph Monteleone, Esq. of Tressler LLP
The underlying litigation in this case involved allegations that the insured engaged in a scheme involving new financing and excessive fees to defraud homeowners who were in danger of having their homes subject to foreclosure. The coverage litigation that followed was ultimately resolved by the U.S. Court of Appeals for the 4th Circuit last month in Cornerstone Title & Escrow Inc. v. Evanston Ins. Co., 2014 U.S. App. LEXIS 2990 (4th Cir. Feb. 19, 2014).
[See here for a link to the decision]
Drafting the Employee Handbook By Marc Zimet, Esq. of Jampol Zimet LLC Are you an employer? Then you should have an employee handbook. If you don't have one, now is the time to procure one. If you do have one, then now is the time to review your handbook to ensure it is up to date with the ever changing employment laws. While the state of California does not require an employer to maintain an employee handbook, a well drafted handbook helps to avoid lawsuits, offers an affirmative defense to litigation, and ensures compliance with complex state and federal regulations. What Motivates Productive Sales Reps? Pre-Employment Test Research Reveals Motivations of Productive Sales Reps By Michael Mercer, Ph.D. Sales Reps are your company's most important employees. As Henry Ford wisely remarked, "Until someone sells something, no one else has a job." So, what motivates highly productive Sales Reps? Research using pre-employment tests of magnificently productive sales reps reveals the answer. By Sarah K. Goldstein, Esq., Gregg J. Breitbart and Rina Spiewak of Kaufman Dolowich & Voluck, LLP
On March 4, 2014, in a 6-3 decision, the United States Supreme Court extended whistleblower protections afforded by the Sarbanes-Oxley Act of 2002 ("SOX") to employees of private companies that contract with public companies in a case called Lawson et al. v. FMR LLC et al. [1]The court held that employees of privately held investment advisors that manage or advise publicly-traded mutual funds are entitled to SOX whistleblower protection for reporting fraud that they observed in connection with the management of those funds. This ruling may result in more employment-related whistleblower lawsuits being filed by employees who report such alleged fraud and are then subjected to an adverse employment action as a result.
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