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Case Briefs
OR Court Clarifies Expected or Intended Standards and Burdens of Proof
The Court of Appeals of Oregon, applying Oregon law, has held that: 1) where an “unexpected and unintended” requirement expressly appears in a liability policy as part of the definition of the policy's triggering event, that requirement is part of the policy's general grant of coverage and therefore the policyholder bears the burden of proving that the triggering event was unexpected and unintended; 2) where an “unexpected and unintended” requirement does not expressly appear in a policy, the burden falls on the insurer to prove that the an implied fortuity doctrine excludes coverage; and 3) the burden of proof does not depend on which party brings a declaratory judgment action. ZRZ Realty Co., et al. v. Beneficial Fire & Cas. Insurance Co., et al., Nos. 970806226 & A121145 (Or. Ct. App. Oct. 1, 2008).
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?
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.
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.