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Recent Rulings Expand the Scope of the Employment-Related Exclusionary Clause
In December of last year, the Indiana Court of Appeals expanded the scope of employment-related exclusions when it granted summary judgment in favor of Peerless Indemnity Insurance Company (“Peerless”) in a coverage dispute with Justin Stimson, a named partner in the now defunct law firm of Moshe & Stimson, LLP. Peerless Indem. Ins. Co. v. Moshe & Stimson LLP, 22 N.E.3d 882, 2014 Ind. App. LEXIS 642 (Ind. Ct. App. 2014). The other named partner, Sarah Moshe, is Mr. Stimson's sister. In December 2011, Moshe informed Stimson that she planned to leave the firm. Thereafter, the relationship between the siblings soured, and Stimson allegedly refused to dissolve the partnership and/or pay his sister monies owed to her by the firm, including her regular income. Additionally, Moshe claims Stimson began making accusations about her “personal integrity and professional competency.”
In early 2012, Moshe filed a lawsuit against her brother, claiming defamation and seeking a formal dissolution of Moshe & Stimson and an accounting, injunction and damages. Stimson sought coverage from Peerless, the law firm's insurer. Peerless sought a declaratory judgment that it had no responsibility to defend or indemnify Stimson based upon the employment-related exclusionary clause (the “Employment Exclusion”) in the Moshe & Stimson policy which read as follows:
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.
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?
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.
Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."