Read Commercial Law & Contracts updates, alerts, news, and analysis from leading lawyers and law firms:
Greenberger: Derivatives Legislation Would Seriously Weaken Dodd-Frank
Colombia Battles U.S. Investors for $17 Billion Treasure
Lessons Learned from the Parker Drilling DPA and Ralph Lauren NPA
Lessons Learned from the BizJet Executives FCPA Enforcement Actions
The Growing Role of Social Media in Litigation and How to Prepare for It
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Hot Trends in Federal Enforcement on the Web in 2013 from Ifrah Law Partners
Attorney Tim Hyland: Why the District Court for the Eastern District of Virginia is Good for Plaintiffs
New Happy Birthday Song, Copyright-Free
Precise Contingency Drafting
Legal Fallout of an Armstrong Confession
Will Congress' Dodd-Frank Mistake Harm Banks?
4 Things to Know About Michigan’s New Right-to-Work Laws
The New SEC Conflict Minerals Rule: Overcoming the Challenges of Compliance
Stealth Lawyer: Alex Patterson, CCO of Tough Mudder
Opinion Release 12-02-Travel for Foreign Governmental Officials Under the FCPA
Weekly Brief: BoA Sued; SCOTUS Shortlists; Fund Fights Argentina
Opinion Release 12-01-Is a Royal Family Member a Foreign Official under the FCPA
Authenticity in your Compliance Program
Requirements for Travel for Governmental Officials Under the FCPA
There’s no denying that the present-day Internet, while extraordinary, is increasingly scary. Cyber attacks of various types continue to escalate across the globe. As stated by one recent commentator: “Cybercrime is raging...more
The Second Appellate District of California held on May 1 in Mt. Hawley Ins. Co. v. Lopez that California Insurance Code section 533.5(b) does not eliminate a liability insurer’s duty to defend against a federal prosecution...more
In Farkas v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, No. 12-1481, 2013 WL 1459248 (4th Cir. Apr 11, 2013), the Fourth Circuit Court of Appeals affirmed a decision that put teeth into the "in fact" exclusions of a...more
In Syracuse University v. National Union Fire Insurance of Pittsburgh, PA, No. 2012EF 63 (Sup. Ct., Onondaga County, January 29, 2013), the New York Supreme Court, County of Onondaga, held that an insured’s costs incurred in...more
Originally published in the New York Law Journal on March 6, 2013.
Almost 50 years have elapsed between my first and most recent appearance before the New York Court of Appeals and a recent LEXIS search shows I...more
In yesterday’s post, I mentioned Professor Joan Heminway’s recent essay on crowdfunding. She notes that some crowd funding arrangements may “may look less like investment instruments commonly known as common stock or...more
For the first time, online retail sales exceeded $1 billion on Black Friday and reached nearly $1.5 billion on Cyber Monday this year. Analysts expect this increase in e-commerce to continue, and Forrester Research estimates...more
The Observer highlights significant developments in insurance recovery and risk management.
In This Issue:
- State of California v. Continental Insurance: Opinion Holds Insurers to Their Words
- Sixth Circuit...more
If your organization suffers a loss as a result of someone hacking into your network, will your insurance policy's computer fraud rider cover the loss? The answer, of course, depends on the language of your policy and the...more
Last month, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court holding that the computer fraud rider to a retailer’s Crime Policy covered losses resulting from the theft of customers’ financial...more
Cyber hacking, data breaches and privacy concerns have become commonplace headlines. While not always front page news, one study reported on 1,700 instances of computer hacking, cyber terrorism, and other data breaches in the...more
In a ruling that might provide a new path to data breach insurance coverage, DSW Shoe Warehouse, Inc. has prevailed in its attempt to obtain insurance coverage for losses associated with a data breach under a commercial crime...more
Last week, the U.S. Court of Appeals for the Sixth Circuit ruled that there was coverage for first-party and third-party losses arising from the theft of customer credit card information by hackers under a crime policy’s...more
In Galvani v. Tokio Marine and Nichido Fire Ins. Co., Ltd., 2012 WL 2568220 (N.D. Cal. July 2, 2012), the district court entered summary judgment for a homeowner’s insurer on the grounds that it had no duty to defend an...more
In its recent decision in Derderian v. Essex Insurance Company, 2012 R.I. LEXIS 54 (R.I. Apr. 27, 2012), the Supreme Court of Rhode Island had occasion to consider whether under a general liability policy, an insured was...more
During the past two weeks, the California Court of Appeal for the Fifth Appellate District handed down two decisions on the forfeiture of bail bonds.
On March 21, 2012, the court in People v. International Fidelity...more
In Wilkinson v. State Farm Lloyds, 2012 WL 89957 (5th Cir. (Tex.) Jan. 12, 2012), the U.S. Court of Appeals for the Fifth Circuit found that driving past the house of a sexual molestation victim in violation of a criminal...more
Originally published in THE RECORDER February 3, 2012 edition
At the same time as we begin to emerge from recent financial dislocations and economic turbulence — and as we face continued uncertainty in the Eurozone,...more
Greg Barnett v. State Farm General Ins. Co.
Court of Appeal, Fourth District (October 31, 2011)
This case considered the definition of “theft” in a homeowner’s policy as it relates to a search and seizure by the...more
In State Auto Property and Cas. Ins. Co. v. Kincaid, 2011 WL 344086 (C.D. Ill. February 1, 2011), the U.S. District Court for the Central District of Illinois, applying Illinois law, found that a commercial general liability...more
A fire insurance policy that excludes coverage for intentional acts or criminal conduct of "any" insured does not preclude coverage for innocent insureds who suffer loss because of a co-insured's intentional or criminal acts....more
In a decision published October 26, 2009, a unanimous panel of the Fourth Appellate District, Division Three, affirmed the trial court’s order denying class certification in a case handled by Barger & Wolen, Kaldenbach v....more
Can a business co-owned by an admitted arsonist who pleads guilty to mail fraud in connection with filing a false insurance claim recover under a fire insurance policy? Not possible, right?
Please see full article below...more
As a result of the current state of the economy and recent calls for more regulation on international finance, it should come as no surprise that the federal government is seeking ways to close tax havens and increase...more
In this case, I represent someone who gets paid only for succesfully arguing the value of taxable property. The defendant failed to pay despite the written contract. After I sued them, they responded with a counterclaim...more
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