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Texas Supreme Court Opinions and Orders (6/14, pt. 2)

No. 11-0810, LAN/STV, J.V. v. Martin K. Eby Construction Co. - In a unanimous opinion by Chief Justice Hecht, the Court held that the economic loss rule does not allow a general contractor to recover increased costs of...more

Texas' Atty Fee Statute — Elevating Form Over Substance?

Texas follows the American Rule, which provides that litigants may recover attorneys' fees only if specifically provided for by contract or statute. One such statute — Section 38.001 of the Texas Civil Practice Remedies Code...more

Insurance Recovery Law - Mar 13, 2014

Courts Hold that Involvement of Lawyers Insufficient Basis to Withhold Routine Insurer Fact Investigations Materials: Why it matters - These cases confirm that insurers cannot hide claims-handling and similar...more

Some Considerations when Preparing to Try a Property Damage Subrogation Case in the Age of CSI

Recent criminal trials turned national media events, such as the Trayvon Martin and Casey Anthony trials, have highlighted modern jurors’ expectations for forensic evidence. Commentators have termed jurors’ expectations for...more

Insurance by Number

Jurist and law professor Richard Posner recently commented on a common problem among lawyers, namely, that they believe they have a “math block.” Jackson v. Pollion, 733 F.3d 786, 788 (7th Cir. 2013). More recently, Judge and...more

Accountant And Attorney Liability Newsbrief - Fall 2013

In This issue: - First Circuit Rejects Scapegoating and Diversionary Tactics by Plaintiff’s Counsel - Doing Wellness Right - Federal Judge Rules Law Firm Not Liable Under Chapter 93A - In Massachusetts, Employers...more

Ritholtz: Insurance Regulators Should Oversee Derivatives [Video]

March 13 (Bloomberg Law) -- Barry Ritholtz, CEO at Fusion IQ, and Tangent Capital Partners' Bob Rice talk with Bloomberg Law's Lee Pacchia about the current state of the derivatives market and a recent initiative by ISDA to...more

The Privilege is in the Policy: Tripartite Attorney-Client Relationship Arises Where Insurer Retains Counsel Pursuant to Policy...

In Bank of America v. Superior Court, ___Cal.Rptr.3d ___, 2013 WL 151153 (Cal. Ct. App. Jan. 15, 2013) the California Court of Appeal for the Fourth Appellate District held that a tripartite attorney-client relationship...more

Insurance Coverage Briefly – Autumn 2012

The Autumn 2012 issue of our Perspectives newsletter highlights several interesting and important issues: • “Retain the Right Expert for Your Fire Case" is an editorial that discusses the issue of searching through the...more

Learning From Others’ Mistakes

The Autumn 2012 issue of our Perspectives newsletter highlights several interesting and important issues: • “Retain the Right Expert for Your Fire Case" is an editorial that discusses the issue of searching through the...more

Justifiable Delay of Notice of Claim: Burden of Proof of Prejudice on Insurers

The Autumn 2012 issue of our Perspectives newsletter highlights several interesting and important issues: • “Retain the Right Expert for Your Fire Case" is an editorial that discusses the issue of searching through the...more

Editorial: Retain the Right Expert for Your Fire Case

The Autumn 2012 issue of our Perspectives newsletter highlights several interesting and important issues: • “Retain the Right Expert for Your Fire Case" is an editorial that discusses the issue of searching through the...more

Insurance Coverage Briefly -- Autumn 2012

The Autumn 2012 issue of our Perspectives newsletter highlights several interesting and important issues: • “Retain the Right Expert for Your Fire Case" is an editorial that discusses the issue of searching through the...more

Learning From Others’ Mistakes

The Autumn 2012 issue of our Perspectives newsletter highlights several interesting and important issues: • “Retain the Right Expert for Your Fire Case" is an editorial that discusses the issue of searching through the...more

Justifiable Delay of Notice of Claim: Burden of Proof of Prejudice on Insurers

The Autumn 2012 issue of our Perspectives newsletter highlights several interesting and important issues: • “Retain the Right Expert for Your Fire Case" is an editorial that discusses the issue of searching through the...more

Here is Something to Whistle About!- Reflections on the UBS Whistleblower - Tax Reduction and Deferral Strategies for Trial...

Over the last few weeks I have been diligently outlining tax planning strategies for trial attorneys with contingent fee income. These strategies have ranged from structured settlement arrangements using private placement...more

Tax Reduction and Deferral Strategies for Trial Attorneys – Part 5 : Structured Settlement Life Insurance – A Tax-Free...

In Part 5, I focus on the utility of the QSF from an investment funding perspective to illustrate how private placement life insurance can be used in a split dollar life insurance funding format in order to to create a...more

Trial attorney - Tax Planning Using PPLI and CLATs (Supplemental Presentation)

Part I of this series focused on tax reduction and deferral strategies for trial attorneys with contingent fee income using private placement variable deferred annuities in lieu of fixed annuities for structured...more

Tax Reduction and Deferral Strategies for Trial Attorneys – Part 2

Part I of this series focusing on tax reduction and deferral strategies for trial attorneys with contingent fee income examined the use of private placement variable deferred annuities in lieu of fixed annuities for...more

Tax Reduction and Deferral Strategies for Trial Attorneys - Part 1

Trial attorneys are extremely vulnerable to changing tax landscape which is quickly becoming hostile territory. As the Bush tax cuts are due to expire at the end of December 2012, the tax increases will further erode trial...more

Task Force on Disaster Preparedness and Response: A Stellar Inaugural Year

Originally published in The Brief, Volume 41, Number 4, Summer 2012. TIPS Chair Randy Aliment’s 2011–2012 theme is Disaster Preparedness and Response. The Disaster Preparedness and Response Task Force was formed in...more

Q&A With Mintz Levin's Karen Lovitch

Originally published in Law360, New York (June 27, 2012, 2:18 PM ET) Karen S. Lovitch is a member of the firm and practice leader of Mintz Levin Cohn Ferris Glovsky & Popeo PC's health law section. She counsels...more

THE LOW DELTA FIRM: Demise of the Low Ball?

In today's competitive legal market, low ball estimates and other practices that undermine fee predictability and accuracy can erode client relationships. This article addresses the new Legal Project Management metrics and...more

Difficult Times Sometimes Create Desperate People Who Do Desperate Things: Loss Prevention in Handling Client Escrow Funds

Desperate people do desperate things. This basic maxim applies in spades to lawyers. Recent press disclosures concerning high profile law firms and, in at least several instances, of seven and eight figure thefts from...more

How to Find the Best Court Reporting Services in Houston

When looking for court reporting services in Houston, Texas, an attorney has a wide range of options to consider. Do they want to hire a freelance court reporter, or will a larger litigation support firm provide the best...more

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