Case Briefs
Highlights of the latest insurance cases from around the country.
Features
e-Discovery Costs and General Liability Coverage: Who Pays When the Rules Are Violated?
The e-discovery amendments to the Federal Rules of Civil Procedure and the potential ramifications resulting from violations of these rules implicate an entire subset of potential policyholder liability for which coverage will be sought, including indemnification for monetary sanctions and high verdicts.
Features
Food and Product Safety Litigation: How Will It Affect General Liability Insurers?
Litigation stemming from recent product and food safety failures presents a number of important insurance questions under general liability policies. These include questions about the scope of the products-operations hazard, whether non-products coverage is implicated by new theories advanced by the plaintiffs' bar, whether 'no injury' claims for economic harm can be shoehorned into coverage, and whether the many class action claims seeking medical monitoring for potential bodily injury will be covered under general liability policies.
Features
Business Income and Other Time-Element Coverages: Issues Likely to Arise from the 2007 California Wildfires Claims
This article examines the nature and purpose of business interruption insurance and forecasts the anticipated coverage issues likely to arise from the 2007 California wildfires. It also highlights a number of other business income coverages that may be implicated for wildfire victims.
Features
Ancillary Businesses Losing Appeal
Law firms once dreamed of owning separate businesses to bring in new streams of revenue, and while some achieved that goal, the industry is now largely backing away from a strategy that provided little economic benefit.
Features
Guiding Expenditures on Law Firm Videos
Videos are popping up increasingly on firm Web sites, but at least one analyst warns that law firms might be paying too much for too little.
Features
Accepting the OMP Role: Financial and Practice Impacts
If gratitude is measured in dollars, office managing partners ('OMPs') are a bit taken for granted. In an informal Recorder survey of San Francisco Bay Area office managing partners, 70% say they work more than when they practiced law exclusively. But only 22% say they are earning more than before they took the post.
Features
Waiver of Attorney-Client Privilege and Work-Product Protection: Proposed New Federal Rule of Evidence Is under Consideration
At its Sept. 18, 2007 meeting, the Judicial Conference of the United States approved a proposed new Federal Rule of Evidence regarding waiver of attorney-client privilege and work-product protection. Because Rule 502 is a rule dealing with privilege and because the Rule would govern state courts regarding certain issues, the Rule must be enacted directly by Congress. Accordingly, at press time, the Judicial Conference will now submit the Rule to Congress, which will vote 'yay or nay' by no later than December 2007. If Congress approves the new Rule 502, the Judicial Conference will transmit the Rule to the U.S. Supreme Court by Dec. 18, 2007, keeping it on the path to be enacted on Dec. 1, 2008.
Features
Movers & Shakers
News about lawyers and law firms in the commercial leasing industry.
FIN 48: Accounting for Uncertain Income Tax Positions
This article provides a brief overview of the two-step, benefit-recognition approach implemented by FIN 48, a summary of the disclosures required by FIN 48, and a discussion of issues associated with protecting FIN 48 compliance documentation from disclosure to taxing authorities.
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