Columns & Departments
Bit Parts
Home Renovation Service Fails to Establish Claims Against Reality TV Show Producers<br>Owner of Original Woodstock Site Loses Equal Protection Suit<br>TV Show Appearance Release Bars Doctor's Suit over <i>Mob Wives</i>
Information Sharing Between Insurers and Policyholders When Claim Uncertainty Exists
Once a policyholder tenders a claim, an insurer is likely to request information and documentation from that policyholder about the underlying event, circumstance, occurrence or claim. The insured, however, may have legitimate concerns that sharing such information could result in the inadvertent waiver of evidentiary privileges and protections as to the insurer and third parties, or an adverse coverage determination.
Features
<b><i>Voice of the Client:</i></b> Business Development Program Best Practices: Business Intelligence
Law firms are ever-so-slowly starting to incorporate "key account planning," a critical element in any successful strategic go-to-market strategy and/or best-in-class business development program is "business intelligence."
How Do You Know When Your Loss Ensues?
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
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
In-depth discussion of recent key rulings.
Enforceability of Co-Tenancy Remedies
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
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
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
This article focuses on evaluators and judges who accept work that, by an objective and reasonable standard, is unacceptable.
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
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- 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 ›