By

Lisa Myers
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 overwhelming number of cyber claims or lawsuits filed – yet. One of the main lawsuits...
  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 in Daubert v. Merrell Dow Pharmaceuticals, Inc., lower federal court rulings reveal you must do...
  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 proper measure of damages for the completely destroyed facility was its fair market value immediately...