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Last week, Towers Watson & Co. unveiled a program that would enable employers to eliminate unfunded retiree health care plan liabilities for Medicare-eligible retirees by shifting those liabilities to insurers through the purchase of group annuities.

Barger & Wolen partner Michael Newman told Business Insurance in its March 30th story about the program that retiree health care plan liabilities are a big issue for some employers.

“A lot of employers want to defuse those liabilities, but many will wait and see” for results before deciding, Mr. Newman said.
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The Ninth Circuit splits with the Seventh and Eighth Circuits in a recent cost recovery decision. The main issue related to whether attorneys who are temporarily admitted to practice in a jurisdiction (pro hac vice) are entitled to recover the costs incurred to allow the pro hac vice representation.

Dave McMahon takes a look at the decision in the linked blog post.

#costrecovery  
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National standards for data security would enhance regulatory oversight and help prevent data breaches. Travis Wall takes a look at the competing data security bills recently introduced in the U.S. Senate.

#cybersecurity #datasecurityact  
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It appears, at least for now, that defense attorneys in wage and hour litigation have gained some ground in the ongoing struggle between removal and remand in class actions.

#classaction  
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The moving target that is the Affordable Care Act continues to shift.
#ACA #affordablecareact #obamacare  
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A recent survey by the Ponemon Institute entitled, “Cyber Security Incident Response: Are We as Prepared as We Think?,” suggests that many companies lack the mechanisms to meaningfully address cyber risk. Travis Wall takes a look at the survey results in the attached blog post.

#cyberrisk #cyberinsurance  
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In a case of first impressing, the Ninth Circuit recently decided the issue of whether lawyers can contractually agree to preclude a court from reviewing an arbitration award.

Dave McMahon reviews the case and the decision in the linked blog post.

#attorneyfees #arbitration #FederalArbitrationAct  
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A New York state judge ruled last Friday in the Zurich v. Sony insurance litigation that the stealing of consumer information through a cyber attack did not constitute "personal injury" under a commercial general liability policy because third-party hackers and not the insured committed the offense.  If upheld on appeal, the decision would compliment other authority holding that personal injury coverage applies only to potential liability from the insured's purposeful acts.

#cyberinsurance #cyberattack  
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Please note that as of February 14, 2014, our San Francisco office will relocate to:

275 Battery Street, Suite 480
San Francisco, CA  94111

Our phone and fax lines remain unchanged.
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A California appellate court recently decided an interesting case involving the interplay of a petition for attorney fees rendered in state court and the U.S. Bankruptcy Code. David McMahon takes a closer look at the case, Edwards v. Broadwater Casitas Care Center, in the attached blog post.

#attorneyfee
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(213) 680-2800 (Los Angeles), (415) 434-2800 (San Francisco), (949) 757-2800 (Newport Beach), (212) 557-2800 (New York), +44 (0) 207 643 2220 (London)
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60 attorneys. 6 offices. 1 Industry. Insurance/Reinsurance.
Introduction
Since 1976, Barger & Wolen LLP has represented the insurance industry in California and throughout the United States. The firm provides comprehensive, creative and cost-effective solutions for our insurance, business, and related clientele.

Our practice encompasses a full range of legal services through our four main practice areas:

Our attorneys have a well-earned reputation for handling all types of matters within these practice areas.

We do believe that our industry specialization, combined with our depth of experience, is an important reason why Barger & Wolen has emerged as a leader in the legal field.

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