Commercial Law & Contracts, Civil Procedure, Wills, Trusts, & Estate Planning

Nowadays a Practicing Lawyer’s First Serious Exposure to Critical Unjust Enrichment Doctrine is Likely to be After Law School, Too...

by Charles E. Rounds, Jr. on 3/1/2013

This modified excerpt from Loring and Rounds: A Trustee’s Handbook (2013) is a primer on the wrong of Unjust Enrichment and its principal remedy, Restitution. Unjust enrichment doctrine is very much alive and well in the real...more

Is Honesty Always the Best Policy? Illinois Appellate Court Holds Attorney’s Ethical Obligations Trump Professional Liability...

by Deborah Minkoff, Abby Sher | Cozen O'Connor on 2/7/2013

In a case of first impression, the Illinois Appellate Court considered whether a professional liability insurer can deny a defense to its insured, an attorney who admits he erred in providing legal services. Ill. State Bar...more

Michigan Appellate Court Affirms Validity of Electronic Signature Under UETA

by BuckleySandler LLP on 8/6/2012

Recently, the Michigan Court of Appeals affirmed summary judgment in favor of a defendant insurance company seeking to dispose of a challenge to an electronic signature executed by a policyholder. Zulkiewski v. Am. Gen. Life...more

Delaware Federal Court Issues Important Post-Price Dawe Opinion

by Orrick, Herrington & Sutcliffe LLP on 7/18/2012

In a memorandum opinion issued in Principal Life Insurance Company v. Lawrence Rucker 2007 Insurance Trust on June 26, 2012, a federal district court applied the Delaware Supreme Court’s holding in PHL Variable Life Insurance...more

A Trust is Not an Entity, it is a Relationship

by Hopkins & Carley on 6/8/2012

The Problem: Practitioners, and occasionally even some courts, will refer to assets as being “owned” by a trust, or will say that someone is “suing” the trust. This likely arises from the fact that proper designation often...more

Don't Sign It Until You've Read It: Signature of Subscription Documents Binds Insured to Undesirable Policy Terms

by Sedgwick LLP on 2/2/2012

United States Court of Appeals for the Seventh Circuit In National Production Workers Union Ins. Trust v. Cigna Corp., ___ F.3d ___, 2011 WL 6880650 (7th Cir. (Ill.) Dec. 30, 2011), the U.S. Court of Appeals for the...more

Mofo New York Tax Insights -- Volume 2, Issue 12

by Morrison & Foerster LLP on 12/6/2011

In This Issue: New York Audit Software Subject to Freedom of Information Law Disclosure; Payments for Telephone Number “Porting” Services Not Subject to Sales Tax; Failure to Serve Notice on Representative Tolls Time...more

Recent Developments in the Life Settlement Industry

by Dechert LLP on 11/16/2011

Recently, the Supreme Court of Delaware issued two rulings regarding life settlements that have attracted media and life settlement industry attention. The Delaware high court ruled in both cases that under Delaware state...more

Court Limits a 'Self-Settling Trust or Similar Device' to an Express Trust

by Duane Morris LLP on 5/24/2011

In In re Porco Inc., the Bankruptcy Court for the Southern District of Illinois in a March 30 opinion addressed an issue of apparent first impression: whether a resulting or constructive trust is a "self-settling trust or...more

UCC Case Law Update

by Jackson Walker on 2/11/2011

We have recently seen some potentially significant Uniform Commercial Code (UCC) decisions in Texas in the last few months which may be of interest to our financial institution clients. We have given a brief synopsis of these...more

Trustee's Establishment of Litigation Reserve Deemed Reasonable Under The "Prudent Man" Standard

by Sheppard Mullin Richter & Hampton LLP on 6/25/2010

In Bluebird Partners, L.P. v. Bank of New York, Index No. 1996-601016, 2010 NY Slip Op 31407(U) (Sup Ct, NY County, June 7, 2010), Justice Eileen Bransten of the New York Commercial Division, granted a summary judgment motion...more