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Computers, Servers and Clouds, Oh My! Law Firms Surviving In the Wonderland Age of Computers, COVID, Subscriptions and Cyber Risk

Managing a defense litigation firm has always been challenging - often leaving me with a feeling that I was walking along the Yellow Brick Road in Wonderland and The Wizard of Oz. I remember being in my offices in West Lake Village, North Hollywood, Irvine and Woodland Hills arguing with staff, lawyers and partners about the transition from typewriters to memory typewriters and then large floppy disks to small floppy disks. Change is always difficult. Those same feelings resurfaced when we were discussing our limited in-house and on-site servers and whether to go to a cloud network - prior to COVID....

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Claims of Unintentional and Intentional Conduct – Deny Coverage or Defend Upon Reservation of Rights?


What options are available to an insurer faced with overlapping allegations of intentional and negligent conduct?  Certainly it is not a new issue as attorneys representing injured parties have long attempted to plead in such fashion as to trigger coverage.  But, notwithstanding existing precedents, insurer responses to such cases are frequently not consistent with their obligations under the insurance contract and open insurers to claims of bad faith and attorneys’ fees. More than thirty (30) years ago the New Jersey Supreme Court decided the case of Voorhees v. Preferred Mut. Ins. Co., 128 N.J. 165 (1992).  There, the Court addressed an...

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