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Case Briefs
The Ongoing Debate Regarding Recoupment of Defense Costs
On Aug. 17, 2010, the Supreme Court of Pennsylvania issued its decision in American and Foreign Insurance Co. v. Jerry's Sport Center, Inc., No. 88 MAP 2008, 2010 WL 3222404 (Pa. Aug. 17, 2010). The Pennsylvania high court held that when an insurance policy does not expressly provide for recoupment of defense costs, a unilateral reservation of rights letter citing the intent to seek reimbursement does not entitle the insurer to recoup from the policyholder costs the insurer spent defending an underlying suit prior to obtaining a declaratory judgment that no duty to defend existed. The court did not reach the issue of recoupment of indemnity costs in this case. Just a day earlier, however, the U.S. Court of Appeals for the Tenth Circuit in Valley Forge Ins. Co. v. Health Care Mgt. Partners, Ltd., No. 09-1251 (10th Cir. Aug. 16, 2010), predicted that Colorado would allow recoupment of defense costs by insurers, underscoring the ongoing debate on this question throughout the country.
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.