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Case Briefs
Highlights of the latest insurance cases from around the country.
Specialty Recall Insurance Coverage
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.
Insurance Coverage for False Advertising Claims
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.
The Business Case for Strategic Planning
Today, law firms need focused strategic plans to enhance revenue, efficiency in the delivery of services, cost control, and timekeeper accountability.
The Use of the Travel Act to Prosecute Foreign Commercial Bribery
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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Changing the Game
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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The Personal Benefit Test in Misappropriation Cases
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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Contingent Fee Intake Guidelines
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.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
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