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Terrorism and the Pollution Exclusion
The unfortunate events of Sept. 11, 2001 gave rise to myriad insurance and tort litigations of all types and descriptions. Included was one of the largest series of mass tort cases in U.S. history arising from the cleanup after Sept. 11. While recently settled in major part, remnants and offshoots of those cases remain pending before the federal courts in New York.
One of the many insurance issues that were born of that disaster concerned the interplay between the absolute pollution exclusion, which is contained in many of the commercial general liability and excess insurance policies issued to defendants in the underlying personal injury actions, and the disbursement of contaminants into the air caused by the destruction of two massive buildings. On the one hand, defendants sought to have their commercial insurance policies defend and, if necessary, indemnify them for the personal injury claims brought by rescue, recovery and cleanup workers. On the other hand, insurers with policies containing the pollution exclusion often disclaimed or reserved rights based on that exclusion and other policy provisions.
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.
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.
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?