The U.S. Court of Appeals for the Ninth Circuit recently issued the first circuit-level decision regarding what sort of damages are subject to the cap imposed by Bankruptcy Code '502(b)(6) on landlords' claims arising from a debtor's rejection of a nonresidential real property lease.
There comes a time in the life of almost every company when it will engage in a major construction effort. Here are 10 basic suggestions from a seasoned construction litigator, who has spent 20 years working on the back end of troubled projects, to help you on your way to a successful — even though it may, at times, seem stressful — project.
More than a century ago, many states began to protect policyholders from insurance company efforts to deny coverage on the grounds of alleged falsehoods in the application for insurance, when such alleged misstatements were not material to the insurance company's decision to sell the coverage. While insurance companies have attempted by various methods to avoid such protections, courts generally have rejected these efforts and upheld statutory limitations on an insurance company's right to void coverage.
A recent decision by the Supreme Judicial Court of Massachusetts appears to be the first to squarely address whether or not an excess insurer is bound to a primary insurer's coverage and settlement decisions by virtue of the 'follow form' nature of the excess policy. The court, relying in part on legal decisions upholding the separate and independent nature of primary and excess insurance contracts (and the rights and responsibilities under each), held that follow form excess insurers are not so bound.
Directors and officers are developing strategies to address the business impact of climate change and the potential financial impact of current and future greenhouse gas regulation. Among the challenges they face are how to address disclosure obligations related to these financial risks and how to maximize potential insurance coverage under directors' and officers' liability insurance policies should climate-related claims be asserted.
News about lawyers and law firms in the franchising industry.
Highlights of the latest franchising news from around the country.
Highlights of the latest franchising cases from around the country.
Lackluster business development efforts are seldom tied to that part of your practice you enjoy, the part that is ' well ' fun. After all, doesn't generating new business mean you can work on matters you really enjoy? Stop dreading networking and start focusing on those parts of your practice you adore. If you picture your ideal practice five years hence and start there, business development will become less of a chore and more of an extension of your passion.
This article reviews recent changes to Maryland's Fair Employment Act and addresses the interaction between various discrimination laws and the issues that most employers need to consider.
