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.
- July 02, 2015Matthew L. Jacobs and Elliot S. Tarloff
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."
July 02, 2015Bruce AlltopThe 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.
July 02, 2015Benjamin Fleischner, Ann Marie Petrey and Eric LeibowitzLawyers 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.
July 02, 2015Marisa KendallIn-depth discussion of recent key rulings.
July 02, 2015Laura A. Foggan, Edward R. Brown and Jessica Cunningham LimOn 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.
July 02, 2015M. Rosie Rees and Stephanie J. KimThis 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.
July 02, 2015David Ray and Reggie PoolEven 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.
July 02, 2015Benjamin SeigelThis article focuses on evaluators and judges who accept work that, by an objective and reasonable standard, is unacceptable.
July 02, 2015David A. MartindaleIt is well founded that the pleading standard set forth in Twombly and Iqbal 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.
July 02, 2015James H. Rotondo, Kaitlin A. Canty and Michael P. Pohorylo

