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Commercial Leasing Law & Strategy
Drafting a Fair Force Majeure Provision In the Wake of COVID-19
Scott R. Lippert and Darcy Baboulis-Gyscek
Only a handful cases have addressed force majeure clauses in commercial real estate agreements in the wake of the pandemic, which has produced conflicting views as to whether performance was excused.
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Commercial Leasing Law & Strategy
Underwriting Adjusts As Pandemic Continues
Erika Morphy
Underwriting clearly has been affected by the pandemic-led downturn. Lenders are using higher vacancies and reserves to underwrite, leading to more conservative loan proceeds.
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The Intellectual Property Strategist
A Unique Solution to COVID-19-Related Delays At the U.S. International Trade Commission
Robert Angle and Brittanee Petrik
In the wake of the COVID-19 pandemic, the ITC was forced to suspend in-person hearings and halt its fast-paced schedules while it explored existing technological resources and reliable and secure options available for video conferencing that would protect parties’ confidential business information (CBI).
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The Bankruptcy Strategist
COVID-19 Related Governmental Shut Down Order Triggers Force Majeure Provision In Restaurant Leases
Marisa L. Byram
While commercial leases and the force majeure clauses contained in such leases vary widely, a recent decision from the United States Bankruptcy Court for the Northern District of Illinois may provide guidance to parties and help them to resolve similar disputes without resorting to the courts.
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Commercial Leasing Law & Strategy
COVID-19 Related Governmental Shut Down Order Triggers Force Majeure Provision In Restaurant Leases
Marisa L. Byram
As we all expected, cases are being brought and decided on the issue of whether the COVID-19 pandemic and related governmental shut down orders trigger force majeure clauses in commercial leases and operate to excuse the performance of commercial tenants. While force majeure clauses vary widely, a recent decision from an Illinois Bankruptcy Court may provide guidance to help resolve disputes without resorting to the courts.
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Commercial Leasing Law & Strategy
Does Force Majeure Apply? Answering Questions About Contracts in the Time of Coronavirus
New ebook from ALM's Law Journal Press addresses clients' questions about the enforceability of contracts in the wake of COVID-19.
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Cybersecurity Law & Strategy
Preparing for the LIBOR Phase Out: Contract Remediation Starts with Contract Intelligence
Ryan Drimalla and Karl Dorwart
The London Interbank Offered Rate has long been the global basis for agreements that include a variable interest rate component. However, LIBOR would be replaced by other benchmarks by the end of 2021. Key to assessing risk of exposure, quantifying the financial impact, developing remediation plans and communicating material information to stakeholders will be the identification, analysis and remediation of LIBOR-based contracts.
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Entertainment Law & Finance
Does Insurance Policy Cover Media Office COVID-19 Closure?
Howard B. Epstein and Theodore A. Keyes
According to news reports, and judging from the plethora of lawsuits filed seeking insurance coverage for lost income incurred as a result of the COVID-19 pandemic, insurance companies are for the most part denying claims for business interruption losses. The type of insurance claim at issue may make a difference.
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Cybersecurity Law & Strategy
Is Cyber-Risk Insurable?
Nina Cunningham
In an environment of moving targets, it seems unimaginable that insurance against cybersecurity attacks can be robust enough to provide real protection. There are many types of risks involved, and some include physical damage to property.
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Cybersecurity Law & Strategy
Cyber Risk Assessments are a Critical Component of All Cybersecurity Programs
Collin J. Hite
Many companies remain overwhelmed by the prospect of developing a cybersecurity program. Too many still see cyber crime as an IT issue, and simply defer to that department. Cybersecurity is most definitely an information security issue and it must be treated as such. Failure to recognize this concept almost ensures a weak cybersecurity program that remains highly vulnerable to breaches.
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Commercial Leasing Law & Strategy
After a Hurricane: Can the Property Manager Be Blamed for a Lessee's Losses?
Janice G. Inman
The recent decision in Sears Roebuck & Co. and Kmart Corp. v. W/S Lebanon LLC seems timely in light of the fact that commercial landlords, tenants and their insurance providers are grappling with the problems caused by the extreme wind and rain of hurricanes. Here's what happened in that case.
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Cybersecurity Law & Strategy
DRaaS: How It Takes a Law Firm's DR Beyond Insurance
Jeff Ton
With expectations for an always-on law firm, significant challenges within the legal industry to maintain competitiveness and perform due practice for cybersecurity and other disaster scenarios come from both clients and regulatory bodies. A comprehensive approach with an end-to-end availability strategy is imperative to mitigate the threats of downtime. And yet, this is easier said than done.
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Medical Malpractice Law & Strategy
Managing Cyber Risks in Medical Practices
Kevin Quinley
Part Two of a Two-Part Article
Astonishing computing power lets health care providers harness vast computing resources to drive their business plans, manage treatment protocols and crunch data to boost their practices. However, unintended consequences arise and, in the case of computers, one such consequence is cyber peril.
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The Matrimonial Strategist
Home Insurance May Cover Jealous Husband's Attack on Third Party
Janice G. Inman
A man returns home unexpectedly, finds his wife with another man, and shoots him. It's an unfortunate chain of events, but certainly not unheard of. What is unusual is how the case of a love triangle like this one could lead to an Eleventh Circuit decision about homeowners' insurance.
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Business Crimes Bulletin
Preet Bharara Highlighted Insurance Fraud
Evan H. Krinick
Over nearly eight years as U.S. Attorney for the Southern District of New York, Preet Bharara became recognized as a powerful prosecutor in many areas, including government corruption and white-collar crime. Another subject for which he certainly deserves mention is his strong record helping to fight insurance fraud in New York.
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The Intellectual Property Strategist
Untangling the Mystery of Cybersecurity Insurance
Sean B. Cooney
IT security professionals used to warn that only two types of businesses exist: those that have been hacked, and those that will be. Now, many are even more pessimistic, and divide the world's businesses into companies that know that they have been hacked, and those that don't. Law firms are juicy targets with all the personal identifiable information (PII) contained in client files. Intellectual property practices are especially attractive to cyber thieves because of the value of patent, trademark and trade secret information.
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The Corporate Counselor
Cybersecurity Insurance
Untangling the Mystery
Sean B. Cooney
High-profile breaches have encouraged many businesses to proactively assess their cyber liabilities, and implement prevention and response plans. Fortunately, there are more technology options available to protect businesses than ever before, and both the U.S. government and private industry have made great strides in understanding and combating some of the most common cyber threats.
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Equipment Leasing Newsletter
Creditor Exclusion
The Perils of D&O Coverage
Shmuel Vasser and Yehuda Goor
The U.S. Court of Appeals for the Fifth Circuit recently held that a Creditor Exclusion provision in D&O insurance policies may result in significant limitations on the coverage provided to the D&Os when the underlying dispute is with a creditor acting in its creditor capacity.
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Internet Law & Strategy
Cyberinsurance Considerations for Law Firms
Elizabeth Vandesteeg and Kathryn Nadro
Law firms spend a lot of time and effort to protect their clients' interests, but often overlook routine protection and security of clients' (and their own) data. While not a cure-all for data security risks, one important component to consider in putting together a comprehensive data security program is cyber insurance, as most general liability policies and professional liability policies now expressly exclude coverage for data breach claims.
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Product Liability Law & Strategy
The Bermuda Form
Jared Zola and Lisa M. Campisi
Declaring an Integrated Occurrence (or Not)
Many Fortune 500 companies' product liability insurance programs use the Bermuda Form to insure alleged bodily injury and property damage. The Bermuda Form has many characteristics distinct from standard commercial general liability (CGL) policies. Knowing its intricacies is essential for any coverage lawyer involved in large-scale coverage analysis and disputes.
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