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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.
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.
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.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.