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.
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'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.
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'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.
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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?
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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.
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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.
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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.
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<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.
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