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Cyber Attacks Reach Subrogation

It was just a matter of time. As cyber-attacks rose and the data security breaches became increasingly devastating to businesses and individuals, cyber breach insurance became more prevalent. And where insurance appears, subrogation recovery follows. We have not seen an

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Posted in Cyber; IoT and Technology

“Because I Said So”: Expert Opinions Derailed by Ipse Dixit Rulings

  A challenge to an expert opinion based on ipse dixit grounds differs from many Daubert motions in that is does not contest the expert’s qualifications but instead solely attacks the expert’s opinion as conclusory. Since the Supreme Court’s decision

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Fair is Fair: The Fifth Circuit Decides Fair Market Value in the Absence of a Market

  When Alon’s Big Spring, Texas oil refinery exploded on February 18, 2008, destroying Veolia’s waste treatment facility, Alon did not even bother to contest its liability for the damages to Veolia’s facility.  Nor did Alon dispute that the only

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