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Rare NY Court of Appeals Reversal
K2, located on the border between Pakistan and China, is the second-highest mountain in the world behind Mount Everest. Despite its secondary status, however, it is commonly regarded as the most dangerous peak to climb. It is perhaps an ironic coincidence, then, that in the widely reported decision K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co., 21 N.Y.3d 384 (2013) (“K2-I“), the New York Court of Appeals placed in the path of insurers a very high and potentially dangerous new legal standard. Specifically, in the K2-I decision, New York's highest court transformed that state's insurance landscape when it held that an insurer who breaches its duty to defend is precluded from later relying on its policy exclusions in litigation over its indemnity obligation.
Less than three months after rendering its decision, however, the Court of Appeals retraced its path and agreed to rehear K2-I. Upon rehearing, the court found that K2-I improperly departed from well-established New York insurance law and could not be reconciled with existing precedent. Thus, in a rare self-reversal, the court has corrected its decision and returned New York insurance law to its previous state of more level ground. As a result, insurers no longer face potentially automatic liability if they breach their duty to defend a policyholder.
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
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“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.