The Effects of Assured Guaranty on Securities Law
When prominent plaintiffs' lawyers applaud a "landmark change in the law," prudence calls for reflection. Such is the case with the recent New York Court of Appeals decision clarifying the scope of the Martin Act.
Features
Timing Is Everything: NY Insurance Law ' 3420(d)
Just as an insured should not delay in providing notice of a claim while investigating other possible sources of coverage, an insurer should not delay in disclaiming on late notice grounds — a condition precedent to coverage — while it investigates other possible grounds for disclaimer.
Update: The IRS Whistleblower Program
A discussion of the key provisions of the revised Whistleblower Program and the steps involved in a whistleblower claim.
Features
Thoughts on the Proposed FCPA Guidance
This year may mark the beginning of a new, more predictable era in the world of FCPA compliance and enforcement. Here's why.
<B><I>BREAKING NEWS:</b></i> <b>Judge Peck's Predictive Coding Decision in Da Silva Moore OK'd</b>
Predictive coding software will be used in the case of <i>Monique da Silva Moore, et al. v. Publicis Group SA, et al</i>, U.S. District Court Judge Andrew Carter ruled on April 25.
Features
The Consequences of an Insurance Company's Breach
A policyholder that establishes its insurance company was in breach need not necessarily show that particular costs were "covered" under the policy in order to recover them as contract damages resulting from the breach.
First Circuit Raises Troubling Questions
The First Circuit opinion in <i>Rosciti v. Insurance Company of the State of Pennsylvania</i> presents an increasingly common interplay between two often conflicting areas of law ' insurance coverage and bankruptcy.
Avoid Mistakes of the Past
This article discusses a number of cases to have considered officer and director fiduciary duties in the context of insolvency.
Features
Dispelling (Some) of the Darkness of Stern v. Marshall's Bleak House
The Amended Standing Order issued by Judge Loretta Preska has significantly reduced the procedural quagmire and uncertainty faced by attorneys and the courts as a result of <i>Stern v. Marshall</i>. Here's why.
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