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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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›