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Contractual Risk Transfer: Your Policy or Mine?
Companies involved in collaborative undertakings frequently confront risk sharing and transfer issues. After they identify a project's hazards, they then decide who will bear what risk, in what way, and in what amounts. They also need to consider whether either party (or both) will maintain insurance for the other's benefit. When negotiating a contractual risk transfer agreement, the parties need to understand their bargaining position and relevant contract and insurance principles. They need to be cognizant of risk transfer limitations. They need to consider if the risk transfer will be supported by insurance, and if so, the scope of coverage required and their willingness to share it in the event of a loss. The companies also need to put in place measures to assure compliance with their contract. This article examines these matters and offers practice pointers for those confronting contractual risk transfer decisions.
Factors Impacting Negotiations
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
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.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.