Features
'Probable Experience' in Business Interruption Claims
The U.S. Court of Appeals for the Fifth Circuit recently weighed in on the proper measurement of business interruption claims, particularly those following a catastrophic event that affects an entire region or industry.
Features
The Gulf Oil Spill: Considerations for Insurers
A large number of lawsuits already have been filed against the entities associated with the Deepwater Horizon Oil Rig, many of which raise interesting coverage issues, particularly with respect to specialty environmental coverages and first-party business interruption and damage claims. Even more significant insurance exposures may be posed in the future, however, as new parties are joined to the litigation and general liability policies are tested in response to third-party claims for bodily injury and property damage.
Features
Who Is 'Any Person'Anyway?
The federal government prohibits "any person" from intercepting oral, wire or electronic communications. Federal Wiretapping Act, 18 U.S.C. ' 2511(1). Though "any person" sounds universal enough, the definition of "any person" is complicated by exceptions created by federal circuit courts.
Features
Satisfying Fiduciary Duty Under ERISA
The Department of Labor (DOL) has issued guidance covering situations in which a pension plan, by virtue of its holdings of its employer's stock, is a potential claimant in a securities fraud suit.
Features
Are Interns Employees?
If a would-be intern or trainee is actually an employee by another name, an employment relationship exists, and the intern or trainee is entitled to all the benefits and protections of federal law. These include the rights to minimum wage, overtime, and a discrimination-free workplace.
Features
Applying the ACC Value Index to e-Discovery Providers
Understanding how providers address the rating categories of the ACC Value Index as part of their everyday services and practices will make it much easier to assess the value received ' and should result in a much more predictable, cost-effective approach for managing the process.
Features
Using Ground Leases in a Difficult Economy
Particularly given the dramatic shifts in the real estate market in recent years, and the unpredictability of interest rates, inflation, taxes and other economic factors going forward, greater attention is being focused on ground leases. Here's why.
Features
Secured Lenders Do Not Have an Absolute Right to Credit Bid at Bankruptcy Plan Sales
In a decision that could have wide-ranging consequences for secured lenders and the distressed debt market, a divided U.S. Court of Appeals for the Third Circuit has held that secured creditors do not have an absolute right to credit bid the value of their loans in Chapter 11 plan-based sales of assets.
Features
Adult Uses: Adequate Alternative Sites
When municipalities enact zoning ordinances that restrict the location of adult uses, they must take care to assure that adequate alternative sites remain available.
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