The lack of enforceability of insurer billing guidelines as a matter of both contract law and ethics provides corporate policyholders with strong ammunition to reject any attempt by an insurer to unilaterally impose such guidelines.
This edition of the Quarterly State Compliance Review looks at some recently enacted and introduced legislation of interest to corporate lawyers. It also looks at some recent cases.
Last month, the authors began discussion of the(DOJ's increased use of asset forfeiture and pursuit of higher-value forfeitures when it is prosecuting economic crimes. The discussion concludes herein.
Sean Hecker, Gregory P. Copeland,
&
Michael A. Janson
On Nov. 8, 2012, Italy enacted new anti-corruption legislation, joining other countries, including China, Russia and the United Kingdom, that have recently implemented strong anti-corruption measures.
In last month's issue, the authors observed that the DOJ and SEC have placed what they term a "high premium" on remediation efforts made by companies that discover or are accused of violations of the FCPA. The discussion concludes herein.
One-third of the global in-house legal departments surveyed by market research firm Acritas dropped at least one of their law firms in the past year. What can be done?
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
This article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.
That the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.
This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.
RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
