Insurance Coverage for the Opioid Crisis

Amy J. Spencer

With the “opioid epidemic” at an all-time high—and the resulting news coverage and public awareness also at an all-time high—now is the time for pharmaceutical companies, pharmacists, hospitals, doctors, first responders, and employers to review their professional liability and general liability insurance policies and any other potentially applicable policies such as products liability and directors and officers (“D&O”) insurance. Continue reading “Insurance Coverage for the Opioid Crisis”

Government Investigators at Your Door? Check Your Insurance Policies.

Robyn L. Michaelson and Omid Safa

Michaelson, Robyn L. Safa, OmidA governmental entity may initiate an investigation with something as seemingly innocuous as an “informal” request for information, or as ground shaking as armed government officials executing a full-blown search and seize warrant at your company’s headquarters. In either scenario, the ensuing investigation is likely to be expensive, time consuming, and a distraction from your business operations. Any governmental investigation can quickly escalate into an extensive and protracted inquiry that forces your company to spend significant time, resources, and legal fees responding to (and defending against) the government’s investigatory demands. These investigations may also result in subsequent legal or administrative enforcement actions, which expose the company and its directors and officers to potential liability for damages, fines, penalties, and other financial obligations. These actions pose a serious threat to the organization and its top brass, and must be met with a vigorous defense. The crucial question is: How will you pay for your response and defense? The answer may lie with your insurance portfolio. Continue reading “Government Investigators at Your Door? Check Your Insurance Policies.”

Upcoming Speaking Engagement Will Explore Coverage Issues Arising From Qui Tam Lawsuits

Jared Zola

Zola, JaredOn March 6, 2015, I will co-host a session with Manuel Mungia Jr. from Akin Gump at the ABA Insurance Coverage Litigation Committee Annual CLE Seminar in Tucson, AZ, titled “Exploring the Coverage Issues Emerging From the Recent Avalanche of Qui Tam Lawsuits.”

The U.S. Department of Justice reported a record-setting $5.69 billion in False Claims Act recoveries in fiscal year 2014—including more than $3 billion from 700+ qui tam actions and $435 million paid to whistleblowers. Qui tam lawsuits are easier than ever to bring and, given the potentially lucrative payday, plaintiffs are bringing them more frequently. Policyholders often turn to their PII, EPLI, and D&O policies for coverage. Continue reading “Upcoming Speaking Engagement Will Explore Coverage Issues Arising From Qui Tam Lawsuits”