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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.
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.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.