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First Circuit Raises Troubling Questions
The recently published First Circuit opinion in Rosciti v. Insurance Company of the State of Pennsylvania, 659 F.3d 92 (1st Cir. 2011), presents an increasingly common interplay between two somewhat different and often conflicting areas of law ' insurance coverage and bankruptcy. The conflict arises when the insured has a large self-insured retention or deductible that it is obligated to pay before the insurance coverage is triggered, but prior to the entry of a judgment or settlement the insured files bankruptcy and cannot pay that obligation. When the insured/debtor has a covered claim against it, the plaintiff and the insured want the insurer to provide coverage, and the insurer's position is that it has no duty to do so unless and until the insured satisfies its
initial payment obligations.
Facts
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.