Features
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.
Features
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.
Features
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.
Features
The State of the Credit Markets: Implications for the Restructuring Community
A recent regression from credit recovery trends calls into question whether the momentum from early this year can be regained.
Municipal Bankruptcy: Coming Soon to a Court Near You
As tax revenues have declined in the face of falling incomes, sales and property values, more cities small and large have disclosed that resort to Chapter 9 of the Bankruptcy Code, the municipal bankruptcy law, has made it onto their agendas.
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MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- The New York Uniform Commercial Code Comes of AgeParties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.Read More ›