Case Briefs
Highlights of the latest insurance cases from around the country.
Contingent Business Interruption Coverage
CBI insurance is becoming a more prevalent component of property coverage as a result of converging economic and world events. Risk managers are increasingly becoming sensitive to the fact that world events such as terrorism or riots, regional incidents such as power blackouts or hurricanes, or local occurrences such as strikes, fires, floods, or explosions can have far-reaching effects on their company even if supply chain risk solutions, crisis management, or business contingency plans are in place.
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Decisions of Interest
Recent rulings of importance to you and your practice.
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Procedural Bad Faith
An insurer with a policy that does not provide coverage may still be vulnerable for paying out on a bad faith claim.
NJ & CT News
Recent rulings of importance from neighboring states.
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The Evidence Rules All Family Law Attorneys Should Master
Conclusion of a three-part discussion of CPLR ' 4511, which provides that the Supreme Court and Appellate Courts must take judicial notice, without request, of the common law, constitutions and public statutes of the United States and of every state, territory and jurisdiction of the United States ...
Valuation and C Corp. Taxes on Embedded Gains
The first part of this article noted that the problem of how to value a holding company structured as a subchapter C corporation was recently tackled by the Appellate Division, First Department, in the context of a dissolution of marriage (<i>Wechsler v. Wechsler</i>). Part Two herein discusses the trial court's decision and discuss how other courts have handled the issue.
Update on Climate Risks and Insurer Responses
The risks posed by global warming have become a priority for both political and business leaders worldwide. Corporate policyholders and their insurers are facing new disclosure obligations and compliance costs as well as potential first-party losses and third-party liabilities resulting from climate change. This article provides an overview of recent developments of particular interest to corporate policyholders.
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Shopping Spree!
In matrimonial law, it is not uncommon for litigants to consult with a series of attorneys in order to narrow the pool of available counsel able to represent their spouse and "conflict out" particular lawyers. There is also an increasing instance of well-informed clients retaining particular attorneys to cause the disqualification of particular judges. In both instances, the integrity of the legal system demands that all appearances of impropriety be eliminated even at the risk of the client losing his or her preferred choice of counsel.
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- Blockchain Domains: New Developments for Brand OwnersBlockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.Read More ›
- Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About ItWhy is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?Read More ›
- Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front LinesAlthough pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions.Read More ›
- The Cold War Between NCAA And States Over Athletes' NILsOver the past four years, the NCAA aggressively lobbied Congress to pass a uniform NIL standard. Roughly a dozen bills have been sponsored by Democrats and Republicans alike, though none has ever advanced to a vote. Consequently, it appears increasingly likely that the courts will be called upon once again to intervene.Read More ›
- When Is a Promise Enough?: Contractual Duties and Insider TradingTwo criminal appeals before the Second Circuit require the Court of Appeals to decide whether the violation of a fiduciary relationship is required to create insider trading liability or if a breach of contract is sufficient.Read More ›