Appellate Arguments In The Age Of COVID

The COVID pandemic has impacted the practice of law in many ways including moratoriums on jury trials, conducting depositions remotely on ZOOM platforms, and courthouses being closed to the public. For the most part, however, the appellate courts have continued to function with modifications made to allow lawyers “appearing” before a panel of judges by telephone or through virtual means. Some courts have even granted specific requests by having one of the parties appear […]

By | January 4th, 2022 ||

New York Court Of Appeals Rules That $140 Million Disgorgement Payment To SEC Is Not An Uninsurable ‘Penalty’

On Nov. 23, the New York Court of Appeals held in a 6-1 ruling that an investment firm’s $140 million disgorgement payment to the Securities and Exchange Commission (SEC) was not a “penalt[y] imposed by law” under the firm’s wrongful act insurance policies, and thus was not necessarily excluded from coverage.1In 2006, Bear, Stearns & Co. and Bear, Stearns Securities Corporation made a $160 million disgorgement payment to settle charges that they had facilitated […]

By | December 9th, 2021 ||

Court Of Appeal Defines Standard Of Review For PAGA Settlements

On November 30, 2021, the California Court of Appeal (First District) issued its decision in Moniz v. Adecco USA, Inc., Case No. A159410, 2021 WL 5578298, which defines the standard for courts to apply when reviewing settlements under the Private Attorneys General Act (PAGA). In a published decision, the Court of Appeal held that the trial court must ensure that the settlement is “fair, reasonable, and adequate in view of PAGA’s purposes to remediate present […]

By | December 9th, 2021 ||