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With the cost and frequency of product recalls on the rise, many companies are considering purchasing specialty policies to cover certain recall-related losses that are often excluded from general liability and property policies. Few cases provide guidance about how such policies will be interpreted and applied by the courts, but some recent decisions highlight limitations on their scope of coverage.
This article provides an overview of case law holding that insurance companies are obligated to provide coverage for false advertising claims, particularly under the advertising injury section of a CGL policy. In doing so, the article discusses the general framework for advertising injury coverage under CGL policies and the inapplicability of certain exclusions sometimes asserted by insurers to deny coverage.
Today, law firms need focused strategic plans to enhance revenue, efficiency in the delivery of services, cost control, and timekeeper accountability.
The <i>Carson</i> case, which is not scheduled to go to trial until mid-2012, has already featured several challenges to the U.S. government's prosecution of foreign bribery.
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As an initial matter, it is patent that, following <i>Global-Tech</i>, the law on willful blindness in most circuits ' at least as reflected in pattern jury instructions ' must change.
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Is the benefit test a separate element of liability or an aspect of another element, like breach of duty or scienter? And what counts as a sufficient "benefit"?
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In deciding whether to accept a contingent fee case, your firm should approach this issue as it would any other decision regarding an investment of the firm's resources.