How Preclusion of an FDIC Action Under the Insured v. Insured Exclusion Could Change D&O Coverage
Coverage disputes stemming from the flood of lawsuits brought by the FDIC against directors and officers of failed banks are far from over. The most heavily litigated issue is whether a lawsuit commenced by the FDIC as a receiver of a failed bank is precluded by the "insured v. insured" exclusion commonly contained in Directors and Officers liability ("D&O") policies.
Features
'Internet of Things' Litigation and Regulatory Risk
Most lawyers have heard of the "Internet of Things." Business leaders, after all, are busy making the Internet of Things (IoT) the next great wave of innovation to sweep across the global economy. Apple, AT&T, Cisco, General Electric, Google, Honeywell, Intel, Microsoft, Oracle, Panasonic, Samsung, and scores of others have been investing in the IoT for years. With current predictions of a $15 trillion IoT market in fewer than 10 years, it is easy to understand why so many industry giants have made the IoT a strategic priority.
Features
'Consent to Assignment' Clauses Held 'Unenforceable by CA Court
Whether a policy's anti-assignment clause will void a transfer of insurance proceeds or coverage rights, by contract or operation of law, usually requires an analysis of whether the predecessor corporation is an insured under the policy; whether the predecessor corporation still exists; whether the successor corporation succeeded to the predecessor's liabilities; and more.
Features
Counterfeiting on the Internet: A Growing Menace
While some trade on the "black market" or though in-person settings has always existed, the Internet has become the major facilitator of the trade in counterfeit goods. This is because it allows counterfeiters to directly reach consumers instead of having to work through complicit retail middlemen. The counterfeiters often work from countries where brands have limited ability to enforce their trademarks.
Making the Right Choices for Implementation, Training and Support
Exploiting the full potential of the technology your firm has chosen to purchase is a challenge ' adoption and utilization are distinctly separate actions. How can your firm ensure the best chance for utilization?
Features
Training Tomorrow's Lawyer
There's math and technology involved? Count me out, that's why I went to law school." The attorneys in the room nod at each other, smiling at this joke that more than a few of us have told at one point in our careers. But it looks like this joke has finally run its course. The practice of law is not immune to technological advances, especially in the areas of research methodologies and, of course, electronic discovery.
Features
To Compress or Not to Compress
Prolific document generation is often the mark of a successful law firm. However, as a result, the volume of the firm's electronic storage dramatically increases every year. Proper recordkeeping is critical to support clients and compliance regulations, but the document store can become unwieldy and very expensive for a firm to maintain.
Features
Prioritizing e-Mail Security in the Legal Sector
Data breaches and cyberattacks aren't new occurrences, but it can sometimes feel like they are. It's only in the last few years that we've seen these attacks make headlines more and more, increasing in both quantity and impact.
Features
<b><i>Online Extra:</b></i> Kroll Ontrack Hires Former Legal Tech Exec as SVP, Legal Technology Sales
Craig Carpenter has been around the legal technology industry, having worked as a vice president at Recommind, chief marketing officer of AccessData, and president and chief operations officer of AccessData spinoff Resolution1 Security, among other jobs.
<b><i>Online Extra:</b></i> Big Sports, Big Money and the Future of Fantasy Sports Regulation
Daily fantasy sports operators DraftKings and FanDuel are in a fight for their business lives in New York, where the attorney general has accused them of running illegal gambling sites. FanDuel has expanded the fight to California, asking its players to pressure state lawmakers and Attorney General Kamala Harris not to shut down operations in the Golden State.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- Beach Boys Songs Written Decades Ago Triggered Current Quarrel With LawyersThere's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- A Look Behind, A Look Ahead: Part Two - E-DiscoveryPart Two of a Two-Part Article Cybersecurity Law & Strategy partnered with our ALM sibling Legaltech News to ask cybersecurity and e-discovery experts what they thought the key trends of 2019 and what they expect to see in 2020. Part Two looks at e-discovery.Read More ›