Features
All Sums Great And Small
How is loss allocated when bodily injury or property damage occurs in several successive policy periods? Can the insured choose the policy that it wishes to cover the loss, limiting itself to one deductible and forcing a single year''s primary (and excess) policy to respond?
Developments in Vicarious Liability
Courts have occasionally concluded that a franchisor might be liable for the actions of its franchisee or for harm suffered on the premises of a franchisee. Rarely do these issues arise in the most common form of vicarious liability claim, those related to the actions of an employee, because franchisors have been very successful at writing contracts that make it clear that franchisees are employing their workers, not franchisors.
Features
Selected Privilege Issues for Franchise Counsel
As recent litigation has demonstrated, the use of new communications devices with new capabilities is having an effect on how attorneys and their clients communicate, and, therefore, is raising issues in attorney-client privilege.
Features
The Medicare Secondary Payer Statute
On Jan. 1, 2010, extensive new Medicare reporting obligations took effect. They apply to insurance companies and other businesses, including product liability and toxic tort defendants that make payments to Medicare beneficiaries as a result of verdicts or settlements resolving liability claims.
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MOST POPULAR STORIES
- Enhanced Oversight of Search Warrants and Title III WiretapsSearch warrants and wiretaps were once used primarily to investigate organized crime, drug dealing and terrorism. In recent years, however, prosecutors have employed these tools increasingly in the context of white-collar crime to the point where it is now commonplace.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 ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The Right to Associate in the DefenseThe "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.Read More ›
- DOJ's Cyber Fraud Initiative: A Wake-up Call That Keeps RingingDOJ's Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.Read More ›