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Asbestos Injuries and the 'Completed Operations' Provision
In asbestos insurance coverage litigation, the extent of an insurer's liability to its insured often turns on whether the court determines that the underlying asbestos injury took place while the insured was conducting operations, such as asbestos installation or tear out, or after such operations were completed. This distinction is important to the insurer because under many general liability policies injuries taking place during operations may be held as not subject to aggregate limits, whereas injuries taking place after completion typically are held subject to aggregate limits.
Insureds often argue that all underlying asbestos injuries fall outside a policy's definition of 'products hazard' or 'completed operations,' regardless of when the injury is held to have taken place, because the claimant's initial exposure to asbestos took place while the insured was conducting operations. On the other hand, insurers often point to policy language that makes clear that any claim for an asbestos injury held to have taken place after the insured has completed its operations is, by virtue of its timing, a completed operations claim subject to the aggregate limits of the policy.
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.
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?
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.
Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."