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The Duty to Defend in New Jersey
It is often noted that the best defense is a good offense. This is as true in litigation as it is in sports, since the most vigorous defense is one that is proactive, not reactive; one that does not sit back on its heels, but rather takes the accusations and arguments against it head-on. From a policyholder's perspective, however, it can be argued that the best defense is one that the insurer is required to pay for.
In that regard, the question of whether and to what extent an insurer is obligated to undertake the defense of a lawsuit is not always easily answered. In particular, while it is well-established insurance law that the duty to defend is generally broader than the duty to indemnify, it is also axiomatic that an insurer has no obligation to defend a claim for which there is no possible indemnification obligation under the applicable policy. This begs the question, of course, regarding how to handle the situation ' as so often happens ' when a complaint against a policyholder alleges multiple causes of action: some that are indemnifiable and some that plainly are not.
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.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.