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How Do You Know When Your Loss Ensues? Image

How Do You Know When Your Loss Ensues?

Benjamin Fleischner, Ann Marie Petrey & Eric Leibowitz

The effect an ensuing loss provision is that ensuing losses stemming from uncovered events will be covered, as long as such losses would otherwise be covered under the policy. Consequently, an understanding of the provision is vital to commercial property landlords and tenants.

No Contract Breach In YouTube Removal Of Music Video Image

No Contract Breach In YouTube Removal Of Music Video

Marisa Kendall

Lawyers for YouTube beat back a breach of contract suit over its removal of a reggae music video, by persuading a federal judge that YouTube's user agreement gives the company broad discretion to take down whatever material it sees fit.

Case Briefs Image

Case Briefs

Laura A. Foggan, Edward R. Brown & Jessica Cunningham Lim

In-depth discussion of recent key rulings.

Enforceability of Co-Tenancy Remedies Image

Enforceability of Co-Tenancy Remedies

M. Rosie Rees & Stephanie J. Kim

On Jan. 12, 2015, a California Court of Appeal held unenforceable a co-tenancy provision in a retail lease that allowed the tenant to accept possession of the premises but thereafter have no obligation to pay rent or open for business, even though the provision had been negotiated by two sophisticated parties with leasing expertise.

Features

Get a (Law) Firm Grip on Data Breaches Image

Get a (Law) Firm Grip on Data Breaches

David Ray & Reggie Pool

This article describes some of the reasons law firms are cyber-attack targets, steps they can take to reduce their risk, and what clients are doing to encourage law firms in those efforts.

Features

When a Factor Has Not Approved Orders Image

When a Factor Has Not Approved Orders

Benjamin Seigel

Even though a seller's reclamation rights may find their underpinnings in the common law and in the UCC, there are strict limitations on the seller's reclamation rights under the Bankruptcy Code.

Features

Custody Litigation: A Psychologist Discusses a Broken System Image

Custody Litigation: A Psychologist Discusses a Broken System

David A. Martindale

This article focuses on evaluators and judges who accept work that, by an objective and reasonable standard, is unacceptable.

Class III Medical Device Product Liability Claims Under <i>Twombly</i> and <i>Iqbal</i> Image

Class III Medical Device Product Liability Claims Under <i>Twombly</i> and <i>Iqbal</i>

James H. Rotondo, Kaitlin A. Canty & Michael P. Pohorylo

It is well founded that the pleading standard set forth in <i>Twombly</i> and <i>Iqbal</i> applies to claims involving Class III medical devices. In these actions, however, federal courts have taken different approaches to the application of the two rulings.

Features

Health Care Policies and Procedures As a Basis for Liability Image

Health Care Policies and Procedures As a Basis for Liability

Neil Edwards & Meg Twomey

Well-crafted policies and procedures are an essential part of the operation of modern health-care facilities. However, in the event of a bad outcome, policies and procedures become evidence in litigation, and "violations" frequently become the central focus of malpractice claims.

Reconciliation and Settlement Image

Reconciliation and Settlement

John P. Whiteman III

It is not uncommon for a couple to reconcile. The issue is what, if any, impact the couple's reconciliation has on their settlement agreement. The answer is: It depends.

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