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Reinsurance Arbitration: A Discussion of Neutral Panels and Reasoned Awards
Traditionally, arbitration panels in the reinsurance industry have been tripartite panels with each party choosing its own arbitrator and the party-appointed arbitrators choosing a neutral umpire. Courts have recognized that party-appointed arbitrators may be advocates for the appointing party. Sphere Drake Ltd. v. All Am. Life Ins. Co., 307 F.3d 617, 620 (7th Cir. 2002). (“In the main party appointed arbitrators are supposed to be advocates.”) While the industry has become accustomed to the system of advocate arbitrators and there are those who champion this system, there has been a growing consensus that neutral panels may be preferable to advocate arbitrators.
Another tradition in reinsurance arbitration has been the practice of issuing awards that are not reasoned. This practice has come into question.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.