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Articles from Related Newsletters
Seventh Circuit Vindicates Secured Lenders’ Right to Full PaymentThe Bankruptcy StrategistThe U.S. Court of Appeals for the Seventh Circuit held on May 5, 2009, that two secured lenders were fully secured, "entitled to a full recovery" from the debtor ("UAL") despite the bankruptcy court’s improper valuation of the collateral (improved airport terminal space) securing the lenders’ underlying $60 million loan.
Insurance for Data Security Breaches and Consumer Privacy ClaimsThe Corporate CounselorEvery other day we read about some new data security breach or proposal to regulate the use of consumer’s private data. However, there is good news too: Most courts are intolerant of privacy claims brought by plaintiffs who have suffered no actual damage, and most companies have insurance for privacy claims without knowing it.
Valuation and C Corp. Taxes on Embedded GainsNew York Family Law MonthlyThe First Department Appellate Division’s Oct. 21, 2008 decision in Wechsler v. Wechsler demonstrated how, when financial experts present differing points of view when valuing a marital asset, a seemingly simple concept can nonetheless raise many questions.
Foreign Defendants: Alternative Service via e-MailThe Intellectual Property StrategistFederal courts are increasingly allowing litigants to serve foreign defendants via e-mail under certain circumstances.
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Headlines
Disgorge This: The Restitution Defense Meets the Duty to DefendThe restitution defense to insurance coverage proceeds from a simple and logical premise. If I steal money from you and am forced to return it, there is no loss for my insurer to reimburse because I never had a right to the money in the first place. Life is rarely so simple, however, and insurers have asserted the restitution defense — with varying degrees of success — in a broad range of situations, some having little connection to the original premise.
Coverage for Spoliation ClaimsThe most controversial and far-reaching remedy for spoliation has been its recognition as an independent tort claim for either intentional or negligent destruction of evidence.
Facing a Government Investigation: Common Insurance IssuesA policyholder that is mindful of a few issues that commonly arise in seeking coverage for a government investigation is in a much better position to obtain prompt payment of defense costs. This article addresses four common obstacles to obtaining prompt payment of defense costs.
July issue in PDF format
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