Arbitrate? Litigate? Avoid Both Through Mediation
While some people are disappointed by mediations that do not magically produce settlements, more often than not, they do produce resolutions that are preferable for both franchisee and franchisor (though maybe not for their lawyers) than results obtained in either litigation or arbitration.
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Case Briefs
Highlights of the latest insurance cases from around the country.
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Bad Faith Allegations Versus an Insurer's Attorney-Client Privilege
This article addresses conflicting court decisions on the extent to which an insured's allegations of insurer bad faith eviscerate the insurer's attorney-client privilege.
Insurers' Response to Nanotech Suits
The vacuum of information concerning risks posed by nanotechnology and nanomaterials makes risk management planning difficult, if not impossible. This article addresses that gap and explores the insurance implications of the likely "first wave" of lawsuits — suits arising out of exposure to nanomaterials in the absence of evidence of actual physical injury or harm.
<b>BREAKING NEWS:</b>Supreme Court Hears Opening Arguments in CA Video Game Case
Torturing, maiming, decapitating and urinating on human beings are rare topics in U.S. Supreme Court arguments. But the justices on Nov. 2 heard all of them as they entered the world of video gaming in a First Amendment challenge to a California law.
Practice Tip: Medicare Secondary Payer Reporting Requirements Complicate Settlement
This article explores some of the practical impacts of the MMSEA on settlement of product liability cases. It does not address the reimbursement process vis-'-vis judgments or claims involving ongoing or future medical treatment, although some of the same principles and procedures apply.
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The Forum Non Conveniens Decision
This two-part article addresses the strategic question of whether defendants sued by foreign plaintiffs for alleged foreign misconduct should pursue <i>forum non conveniens</i> dismissals.
Real Property Law
Recent rulings of interest to you and your practice.
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MOST POPULAR STORIES
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Redefining Attorney-Client Collaboration with Technology That Delivers Greater ValueIf savvy law firm attorneys haven't done so yet, they should take this time to adjust their expectations and increase their comfort levels with new technologies, processes, and workflows. Going forward, their clients will expect the emphasis to be on relationships and outcomes, not billable hours.Read More ›
- Mixed Ruling in Jefferson Starship Band Name SuitWhat's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Authorship and Copyright In Hybrid AI-Human Collaborative WorksThe United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial processRead More ›