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New York's Additional Insured Form Endorsement
June 01, 2016
Now, more than ever, lawyers drafting or reviewing contracts providing for additional insured liability coverage must closely review the underlying insurance policies providing such coverage.
Enjoining Actions Against Non-Debtors
June 01, 2016
A recent decision by the Seventh Circuit, appears to change the playing field in debtors' favor. <I>In re Caesars Entm't Operating Co</I> established a two-part test that appears far more favorable to debtors than the previous standards applied to such injunctions.
Editor's Note
June 01, 2016
Editor's NoteDear Readers: It is with the deepest regret that we must inform you that this issue of The Insurance Coverage Law Bulletin will be the last.…
EU Cybersecurity Directive Update
June 01, 2016
Cyber attacks and IT security breaches are being constantly reported (the "Panama Papers" being the most recent spectacular example), and almost certainly represent just the tip of the iceberg. No one can doubt that cybersecurity is a very significant global issue with cybercrime a major international menace ' any statistics about these issues always make for grim reading.
In Bankruptcy, Who Is Left Holding the Bag for Latent Damage Claims?
June 01, 2016
Increasingly, true reorganizations under Chapter 11 are the exception, not the rule, as corporate debtors utilize bankruptcy sales to maximize asset value and pay creditors. This trend blurs the line between reorganizations and liquidations.
<b><i>Leadership:</i></b> Turning a Retreat into an Advance
June 01, 2016
According to the author, "Retreat" should be referred to an "Advance": 1) to move or bring forward; 2) to bring into consideration or notice; suggest; propose; 3) to improve; further, to advance one's interests.
FCC's Proposed Rulemaking For Broadband Internet Access Providers
June 01, 2016
In 2015, the FCC issued its Open Internet Order, applying Section 222 of the federal Communications Act to broadband Internet access services (BIAS), and in doing so took jurisdiction over privacy and data security matters for Internet Service Providers (ISPs). Having taken on BIAS, the Commission needed to address the FCC's privacy and data protection regulatory scheme.
Third-Party Intermediary FCPA Exposures
June 01, 2016
In last month's newsletter, the author shone a light on the risk that a third party ' like a consultant, agent, broker or distributor ' will involve the company in activities that could expose it to liability for violations of the the Foreign Corrupt Practices Act (FCPA), the government's primary weapon against bribery of foreign officials. That discussion concludes herein.
In-House Counsel: Protecting the Privilege in a Post-Yates Memorandum World
June 01, 2016
Internal investigations have always posed vexing issues. In-house counsel need to make difficult decisions on matters such as scope and purpose of the investigation, who will conduct the investigation, how costs will be controlled, and the work product that they will generate.
Landlord & Tenant
June 01, 2016
A look at a case in which a landlord recovered in a nonprimary residence proceeding.

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