Government Searches of Computers
This article addresses some of the issues arising from searches and seizures of computers and their data to provide guidance so that counsel can effectively represent the interests of their clients who are subjected to such intrusive evidence gathering. by federal law enforcement authorities.
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Environmental Liability: Equipment Lessor Is Responsible Under CERCLA for Cleanup Costs As the Owner of a 'Facility'
Equipment lessors need to learn a new acronym: CERCLA. It stands for the Comprehensive Environmental Response, Compensation and Liability Act, and it has the potential to expose lessors to millions of dollars in environmental liability.
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Pre-Plea Estimates of Jail Time
While the government almost certainly will give you an estimate of your client's sentencing exposure as part of a plea process, recent cases in the Second Circuit make clear that the government is unlikely to be bound by that estimate.
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Expansion of Insurer Claw-Back Initiatives
Perhaps encouraged by partial success in recovering or clawing back defense costs paid for their policyholders, insurers increasingly may attempt to recover back settlement payments made on behalf of their policyholders.
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Issues Regarding the Reasonableness of Settlement in London Coverage Arbitration
It is important to recognize early on if an insurance policy with a London arbitration provision, or any international arbitration provision, may be called on to contribute to the settlement of a lawsuit. By creating that awareness early on, there is an opportunity to build a stronger record to support the reasonableness of any settlement and to maximize the insured's ability to obtain coverage.
'Would You Like Fries with That?'
Recent court decisions addressing the classification of "goods" versus "services" have shed some light on the proper definition of "goods" in the context of whether a particular claim is for "goods" under ' 503(b)(9). However, these decisions have left open some key questions.
Q&A: Rebecca Turner Shares Her Unique Perspective As a Franchise Attorney and Franchisee
In this Q&A, Rebecca Turner discusses how her experience as a franchisee has affected her legal career and how she uses that perspective to work with franchisees and franchisors.
Recent Developments in Europe and Australia
This article addresses developments in international franchising, including recent changes in Australia, the European Union, and several countries in Europe.
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MOST POPULAR STORIES
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
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