'Insurable Interest' and the Scope of First-Party Coverage
December 20, 2010
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.
The Limited Scope of the Duty to Cooperate
December 20, 2010
Although it is important for both policyholder and insurer to review carefully the cooperation clause in a liability insurance policy to determine its precise, expressed scope, it also is important for the parties to recognize that ethical rules and decisional law may serve to limit the stated scope of any duty to cooperate.
Succession in Leadership
December 20, 2010
Many firms that were formed in the late 1960s through the early 1990s are now facing a transition from their founding leadership to a younger generation. There are many problems and benefits that will be associated with this transition. This article discusses the issues and the approaches that a firm may take to make the transition effective and efficient with minimal disruption.
Unsound Management Lowers a Firm's Income
December 20, 2010
Too many lawyers in private practice are frustrated as they attempt to achieve both their personal and professional objectives due to the absence of sound management and administration of their firms.
Pitfalls of State and Local Taxation
December 20, 2010
Most firms file their partnership income tax returns in their domiciliary state and maybe another state or two if they feel they enter the state enough to warrant filing. There are nonresident personal income tax filing requirements that come into play as well. Generally, that's the accepted state and local tax filing approach taken by many firms. Unfortunately, that's not the full spectrum of filings that must be considered in this new age of state and local taxation.
IP News
December 20, 2010
Highlights of the latest intellectual property news from around the country.
Fast or Slow?
December 20, 2010
A threshold question for each patent filing is the speed at which a patent is desired.
New Math for the Entire Market Value Rule
December 20, 2010
A recent order from the Eastern District of Texas shows that patentees may not be able to calculate damages under the entire market value rule using a simple (<i>market value base ' royalty rate</i>) formula. Such damages calculations may be excluded from trial, leaving the patentee seeking to recover a fraction of the original damages figure.
Ninth Circuit Holds That Even Brats Deserve Equitable Treatment
December 20, 2010
Many companies require their employees to sign agreements that any inventions they create "during the course of their employment" will belong to the employer. A recent case decided by the Ninth Circuit, however, illustrates why companies should revisit such agreements in order to ensure that the ideas developed by their employees may not be exploited by those employees to the detriment of their employer.
SEC Proposed Rule 21F-13: A Hidden Whistleblower Tax?
December 20, 2010
Corporate Counsel take note: On Nov. 3, the Securities and Exchange Commission (the "SEC") published proposed Regulation 21F (the "Proposed Rules"), establishing a program designed to reward individuals who provide the SEC with information leading to successful enforcement actions.
