The CPSC took proactive steps in October to address recent concerns with infant sleep products that pose suffocation hazards and could lead to Sudden Infant Death. This month the agency made a rare proposal for a mandatory consumer product safety standard to address the risks associated with crib mattresses.
Continue Reading Recall Roundup: October

Many recent government orders require “nonessential” businesses to close due to COVID-19, resulting in massive financial losses for many retail businesses. The orders also change how “essential” retailers do business. For instance, Miami-Dade County’s mayor issued an executive order requiring people who visit or work at, among other places, grocery stores, restaurants and pharmacies to use face coverings. Los Angeles County issued a similar order. These orders may result in businesses’ turning away noncompliant customers, which will cause further financial harm. Regardless of the jurisdictions where your retail business is located, it is likely that there is a governmental order affecting its operations. Your business is likely sustaining or will sustain substantial losses as a result, and incur additional expenses to comply with evolving requirements and guidelines and in resuming operations as soon as possible.
Continue Reading No Mask, No Service – Evolving COVID-19 Orders May Support Insurance Coverage for Retailers’ Losses

As reported in the Hunton Insurance Recovery Blog, a Maryland federal court awarded summary judgment to policyholder National Ink in National Ink and Stitch, LLC v. State Auto Property And Casualty Insurance Company, finding coverage for a cyber-attack under a non-cyber insurance policy after the insured’s server and networked computer system were damaged as a result of a ransomware attack.
Continue Reading Maryland Court Finds Coverage For Lost Data And Slow Computers After Ransomware Attack

Innovation and developments in technology bring both opportunities and challenges for retailers, and Hunton Andrews Kurth has a sophisticated understanding of these issues and how they affect retailers. On January 23, 2020, our cross-disciplinary retail team, composed of over 200 lawyers, released our annual Retail Industry Year in Review.
Continue Reading 2019 Retail Industry Year in Review

In a recent article in the ABA Business Law Section publication Business Law Today, Hunton Andrews Kurth insurance attorneys Syed Ahmad and Geoffrey Fehling discuss several important D&O insurance coverage issues that can have far-reaching implications with retailers and other businesses involved in mergers, acquisitions, and other M&A deals.
Continue Reading Let’s Make a Deal: Four D&O Coverage Issues to Consider in M&A Transactions

A federal court in Pennsylvania has held that Liberty Mutual must defend its insured, Hershey Creamery Company, in an intellectual property infringement lawsuit because the suit raises claims that potentially implicate coverage under the policies’ personal and advertising injury coverages. The court further found that the alleged wrongful conduct was not subject to the policies’ IP infringement exclusion.
Continue Reading IP Lawsuit Triggers Insurers’ Duty to Defend