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Case Briefs
The Emission of Greenhouse Gases Was Not an Occurrence
The Virginia Supreme Court held in The AES Corp. v. Steadfast Insurance Co., 2011 WL 4139736 (Va. Sup. Ct. Sept. 16, 2011) (“Steadfast“) that an insurer was not obligated to defend or indemnify its insured against a lawsuit alleging that the insured's actions resulted in climate change. The decision was based, in large part, on the fact that the underlying plaintiff alleged that the insured knew or should have known that its emission of carbon dioxide and greenhouse gases would harm the plaintiff. Because the plaintiff alleged intentional conduct ' not a fortuitous event or accident ' the court held that the claim was not covered. There may be more to come, however, as the court has recently allowed a request for rehearing. No date has been set as of press time.
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.