Publications
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Meer and DAC Beachcroft London Attorneys Co-Author Article on Legal Privilege for Forensic Reports
DAC Beachcroft Articles
February 28, 2023
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Practical Implications of Travelers v. ICS for Cyber Insurance Brokers, Carriers and Policyholders: Emerging Trends & Predictions – Takeaways from the Cyber Insurance Webinar
Cyber Insurance Trends & Predictions
February 8, 2023
An August 2022 Illinois District Court cyber insurance case emphasizes the need for insurers to be robust in their underwriting of potential insureds before taking on risk, while underscoring the critical requirement that potential insureds should answer questions thoroughly and truthfully and not omit any vital information that could later be construed as misrepresentations and void the policy.
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The D&O Diary Publishes Meer on Cryptocurrency's Impact on Directors and Officers
The D&O Diary
February 7, 2023
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Globe Law and Business Chapter on U.S. D&O Liability Exposure by Meer and Blair
Directors' Liability and Indemnification: A Global Guide
October 20, 2022
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ESG Risks in the Cannabis Industry
Bloomberg
September 9, 2022
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ESG Risks for Cannabis Companies Will Impact Directors and Officers
ESG Risks for Cannabis Companies Impact Directors and Officers
February 23, 2022
Cannabis companies have been trailblazers on social equity, inclusion and environmental issues, highlighting their importance long before environmental, social and corporate governance (ESG) gained traction in the wider corporate world. Despite well-intentioned words and actions, however, the cannabis industry is not free from potential ESG-related exposures that may lead to additional risks for cannabis executives in the years to come. -
Bloomberg Law Publishes Meer and Pernicone on D&O Liability in Environmental Pledges
Bloomberg Law
February 4, 2022
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PLUS Blog Features Meer and Pernicone on Climate Change and D&O Liability
Professional Liability Underwriting Society
September 22, 2021
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PLUS Blog Features Article by Meer on Corporate Liability Concerns and BIPA
Plus Blog
June 30, 2021
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The Growing Biometric Privacy Liability
The number of electronic privacy statutes enacted in the United States and abroad has grown substantially
June 29, 2021
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Cannabis Directors and Officers Liability: Cause for Optimism?
Cannabis Directors and Officers Liability
June 24, 2021
As the legalization of cannabis expands, regulatory and litigation risks also will evolve. Proposed legislation, such as the SAFE Banking Act, will likely lead to greater insurance capacity in the cannabis market, and removal of marijuana from the Controlled Substances Act will have a significantly positive impact on cannabis D&O exposures after a likely tumultuous transition period following legalization. -
Coronavirus: Factors for the Insurance Industry to Consider − Part 4 Directors & Officers (D&O) Insurance
Coronavirus: Factors for the Insurance Industry to Consider − Part 4
March 18, 2020
The rise in “event-driven” litigation when securities suits are filed after an event, such as the COVID-19 pandemic, causes an unreasonable dip in a company’s stock prices and increased shareholder derivative litigation. Ultimately, how a company responds may subject its directors and officers to the scrutiny of a wide range of claimants, including shareholders, competitors, customers, vendors, suppliers, employees and regulatory entities. -
Directors and Officers: Be Wary of Growing Cyber Responsibilities
BLD Financial Lines Newsletter
December 2018
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2018 ESI Case Law Update
June 2018
Wilson Elser is pleased to provide the 2018 ESI Case Law Update, our annual compendium of cases dealing with issues and developments surrounding electronically stored information (ESI). It is a rare case that does not involve the preservation, review and production of ESI. Your knowledge of the tools and regulations could mean the difference between sanctions and compliance.
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The Secret Lives of Apps
Professional Times
March 6, 2018
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What New Cyber Protocol Rules in New York Mean for Directors and Officers
NY Department of Financial Services Cybersecurity Regulation
December 6, 2017
Under 23 NYCRR Part 500, effective in March 2017, New York provided clear notice that it intends to hold directors and officers more responsible for ensuring that their companies are undertaking more active assessment of their own security policies and procedures. Even for those directors and officers whose companies are not subject to this Regulation, the responsibilities outlined in the enacted rules set forth a general standard of care that they, too, would be well advised to consider and follow.
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NYC Law Prohibits Employers from Asking Job Applicants for Salary History
NYC Bans Asking Job Applicants for Salary History
May 24, 2017
Effective October 31, 2017, employers in New York City are prohibited from asking about a job applicant’s salary history during all stages of the employment hiring process. The new law also prohibits an employer who knows of a job applicant’s salary history from relying on that information in the determination of future salary.
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U.S. Supreme Court Clarifies the Extent of Judicial Review on Motions to Quash EEOC Subpoenas
Judicial Review on Motions to Quash EEOC Subpoenas
April 5, 2017
Based on a recent U.S. Supreme Court decision, employers who have challenged the enforceability of an EEOC subpoena at the district court no longer have to be concerned about the Ninth Circuit “second guessing” the lower court’s decision de novo. That said, lower court decisions will be harder to overturn on appeal based on the abuse of discretion standard.
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An Employment Policy Is Only Good if the Company Enforces It
New York Law Journal
February 27, 2017
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Insurer’s Claim File in the Crossfire of Discovery
New York Law Journal, Insurance Law
October 24, 2016
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Insurer Found Not to Have Waived a Property Damage Policy Exclusion That Was Omitted in Initial Coverage Letter
Failure to Cite Exclusion in Initial Coverage Letter
April 18, 2016
New York’s Appellate Division, Second Department recently reaffirmed that under the common law principle of waiver, an insurer cannot create coverage in third-party liability cases involving property damage where none exists under the policy simply by having failed to initially raise a coverage exclusion and, absent a showing of prejudice by the insured, the insurer will not be estopped from asserting the exclusion.
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Illinois Schools Face Tough Decisions in Combating Cyber-bullying
Illinois Schools Face Tough Decisions in Combating Cyber-bullying
March 9, 2015
School officials are custodians of students, and states have adopted rules and regulations that give school officials even more power to protect students from bullying. States have added specific cyber-bullying language to their anti-bullying laws, codifying the notion that school officials have the discretion to act to protect students from bullying based on incidents outside of school. But are students’ passwords on social media websites fair game?
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School District’s Potential Liability for Bullying Not Limited to Its Own Students
School District Liability for Bullying Extended
June 3, 2014
In a case of first impression in New York, a state trial court has ruled that a school district defending a bullying case under New York’s Dignity for All Students Act can face potential liability even if the bullying victim is not one its own students.
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New Jersey School Districts Defending Bullying Case Can Possibly Seek Contribution from Student Accused of Bullying and Parents
NJ: Bully/Parents Possibly Equally Liable with School District
May 12, 2014
In a case of first impression in New Jersey, a trial court has ruled that school districts defending bullying cases under New Jersey’s Anti-Bullying Bill of Rights Act and the New Jersey Law Against Discrimination can seek contribution from students accused of bullying and their parents.
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Allocation and Recoupment Policy Provisions: Necessary to Prevent Windfalls?
PLUS Journal
August 2013
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NJ Division of Civil Rights Finds School District Liable for Bullying
NJ School District Found Liable for School Bullying
March 7, 2013
In one of the first cases in which a New Jersey school district has been held liable for failure to adequately respond to school bullying, the decision from the NJ Division of Civil Rights outlines the factors that a trier of fact will consider when scrutinizing a school district’s response to bullying and serves as an example of the potential consequences for failing to remedy the problem.
Additional Publications
"Will Your Online Profile Affect A Potential Employment Application?" The New York County Lawyer, June 2009, Vol. 5 No. 5.
"Workplace Speech: Loose Lips Sink Ships, and Jobs as Well," Law.com, Dec. 7, 2007.
"Now That I Got My Clerkship, Where Do I Go From Here?," Dictum, Nov. 2007, Vol. 1 No. 2.
"Isn't It Time to Revisit Insurance Disclosure in New York?," Bill of Particulars, Fall 2007; Reprinted in New York County Lawyer, (pts 1 & 2), Mar. 2008, Apr. 2008.
"Abusing the System: Domestic Violence Court Being Pushed Beyond Its Scope," New Jersey Law Journal, Oct. 22, 2007.
"Is the Federal Government Making VoIP Safer?" ABA Communications Lawyer, Vol. 25, No. 1, Spring 2007.
"Highway Robbery Online: Is E-Rate Worth the Fraud?" 2006 BYU Education and Law Journal, 323.
"Getting on the Net: The Struggle for Digital Inclusion of the Navajo," IEEE Technology and Society Magazine, Vol. 22, No. 1, Spring 2003.
"Obstructed View: Internet Filters in Public Schools," The Current, Spring 2003.