The Limitations of Liability Coverage Under 'Designated Premises' Policies
June 28, 2011
Where CGL coverage is not available, some policyholders have attempted to obtain general liability coverage under policies that provide a more limited coverage, namely policies that provide coverage for bodily injury or property damage liability arising out of the ownership, maintenance or use of a particular "designated premises."
Pharmaceutical Companies, Off-Label Promotion And Qui Tam Actions
June 28, 2011
In pharmaceutical actions, most false claims <i>qui tam</i> actions brought by whistleblowers involve off-label promotion, kickbacks, pricing allegations, and reimbursement abuses. Although these start out as civil lawsuits, they often end with the DOJ pressing charges against the pharmaceuticals manufacturer.
Staying Afloat Through the Flood
June 27, 2011
This article discusses key issues that companies should consider in pursuing contingent business interruption claims arising from the Mississippi River flooding.
Don't Assume Your e-Profits Away
May 27, 2011
Perhaps we all have heard the warning given by my late high school geometry teacher about what "U and Me" become when we make an (unwarranted) <i>assumption</i>. However aged my former teacher's "assume" joke may have been, I think it is an excellent reminder of why overt and implied assumptions underlying e-commerce must be considered in making business plans.
Issues Regarding the 2010 Patient Protection Act
May 27, 2011
If not politically, at least analytically, given local governments' experience with insurance reform and the financial assumptions used in the Patient Protection and Affordable Care Act, the PPACA should be considered DOA!
FCPA: Recent Enforcement Activity Sounds Warning for Financial Services Industry
May 24, 2011
When Cheryl J. Scarboro, Chief of the SEC's Foreign Corrupt Practices Act (FCPA) enforcement unit, remarked in November 2010 that her unit "will continue to focus on industry-wide sweeps and [that] no industry is immune from [FCPA] investigation," the financial services industry would have been wise to take notice.
Federal District Court Applies Supreme Court's 'Nerve Center' Test
May 21, 2011
While corporate executives and their advisers will no doubt appreciate the certainty provided by the Supreme Court's affirmation of the "nerve center" test for determining a corporation's principal place of business, they must be mindful that the courts will focus on the actual "center of direction, control, and coordination" rather than artificial attempts to manipulate jurisdiction.
Buyer Beware
May 14, 2011
Secured lenders often consider an out-of-court foreclosure as a faster and more efficient alternative to a credit bid sale under Chapter 11. The Second Circuit Court of Appeals has nowthrown a monkey wrench into the foreclosure alternative.
