The Rights and Treatment of Non-Debtor Contract Counterparties in Bankruptcy
January 30, 2013
This article discusses how counterparties, as well as courts, react to situations where a counterparty seeks protection from the risks inherent in continued performance under a Contract with a debtor in bankruptcy.
Another Brick in the Wall: Application of the Pollution Exclusion to Chinese Drywall Claims
January 30, 2013
The Supreme Court of Virginia recently held that insurance coverage for Chinese drywall claims could be denied under a pollution exclusion. As the first state supreme court to rule on the issue, the Virginia Supreme Court's analysis, as set forth in its ground-breaking decision, could potentially be followed by other courts in Chinese drywall coverage litigation and create a significant hurdle to policyholders seeking coverage.
Disparagement By Implication: Does an Insurer Owe a Duty to Defend?
January 30, 2013
Two conflicting California appellate court decisions issued this year highlight the difficulty of determining when an insurer owes a duty to defend disparagement by implication claims. This article discusses the two divergent California decisions, as well as fact patterns that courts have generally agreed are (and are not) implied disparagement claims triggering an insurer's duty to defend
Social Media Use
January 30, 2013
The expanding use of social media is perhaps the number-one trend reshaping law firm marketing. But social media use also vividly illustrates the dilemmas posed by the law's dual nature as a business and a profession.
Practice Tip: Protecting Your Verdict
January 30, 2013
The purpose of this article is to help the practitioner preserve his or her favorable trial verdict against allegations of juror impropriety. To that end, Part One herein identifies some of the most common juror-related pitfalls, and provides strategies for countering the allegations and tactics that could give rise to a new trial.
Make the Most of Your Law Firm's Lease Expiration
January 30, 2013
Lease negotiations and the resulting renovations or moves represent a highly sensitive management issue. Here's what you need to know.
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