LJN Newsletters

Last month, the authors stressed the dire economic and legal consequences of failing to properly identify, preserve, collect, review and produce relevant electronically stored information (ESI). They discussed several cases in point. Part Two herein continues the discussion.

Last month, we discussed that when, in 2005, Congress enacted PL 109-8, significant changes were in store for the automobile finance industry. Four years after the enactment of PL 109-8, there is as yet little literature on the real-world financial consequences of the 910 provision. The conclusion herein continues the discussion.

The current bankruptcy cycle is unprecedented in a number of ways: The old playbook is stale and creative new strategies are the order of the day.

Prior to the current global recession, companies filing for Chapter 11 bankruptcy protection were able to secure financing with relative ease. In recent years, a competitive market for DIP lending had developed among investment banks, private equity firms, hedge funds and traditional lenders such as GE Capital.

Who's doing what; who's going where.

Recent case law on subrogation supports the notion that in the appropriate circumstances, third parties that pay a policyholder's loss are themselves subrogated to the policyholder's rights against the insurance company for coverage.

An appraisal provision is a common feature of first-party property insurance policies, designed principally to efficiently resolve disputes over the amount of loss or replacement cost for a covered claim. However, disputes over what constitutes an appropriate topic for appraisal can negate the efficiencies that might otherwise be gained.

The Texas Supreme Court literally took the notice "bull by the horns" and issued two groundbreaking decisions. As a result, under Texas law, an insurer must now show prejudice to deny payment on a claims-made policy, or a claims-made and reported policy, when the carrier's denial is based upon the insured's alleged breach of a policy's prompt-notice provision and notice is provided within the policy's coverage period (or any contracted-for extended reporting period).