FCA Implications for M&A Transactions
How to Secure Advances to Fund Legal Fees
Mediating Complex Insurance Coverage Disputes Series Part 4 - How to Seal the Deal
Practical Training for Project Managers & Supervisors Two-Part Webinar Series: Part Two
Mergers and Acquisitions - Key Issues in Today's M&A Deals
Indemnification Provisions: What They Mean and What You Should Worry About
FCPA Compliance and Ethics Report-Episode 168-Dan Cogdell on criminal procedure issues in defending an individual prosecuted criminally under the FCPA
CorpCast Episode 2: Advancement 101
Purchase Agreements – Interview with Stephen Gulotta, Managing Member, Mintz Levin's New York Office
The "usual suspects" when looking for director and officer indemnification requirements are...more
The Second Circuit Court of Appeals recently found an insurer’s decision to waive discovery foreclosed its ability to provide extrinsic evidence to resolve an ambiguous insurance policy. In Ezrasons Inc. v. Travelers...more
The duties to defend and indemnify arise out of an insurer’s contract with its insured. It is a commonly accepted principle under Alabama law that an insurer’s duties to defend and indemnify are separate and distinct. Indeed,...more
The Appellate Court of Illinois, First District, applying New York law, has held that an insurer owed a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA) violations because the...more
Businesses and individuals enter into indemnification or hold harmless agreements to protect one party of the transaction from the risks or liabilities created by the other party of the transaction. To defray the costs in...more
Technology Insurance Company, as the liability insurer for a landlord, filed a declaratory judgment action against Main Street America Assurance Company, as the liability insurer for the landlord’s tenant, seeking a...more
Not many cases in Florida analyze Professional Services Exclusions in general liability policies. However, on September 16, 2022, the Eleventh Circuit Court of Appeals released an order providing some clarification about the...more
Indemnification of the policyholder is a core principle of the property insurance industry. A similar principle holds that the policyholder shall be “made whole” but not put in a better position than it was prior to the loss....more
It is no secret that wording matters when it comes to the interpretation of an insurance policy. Recently, the Massachusetts Supreme Judicial Court issued a decision indicating that this is particularly true when it comes to...more
Since 2014, thousands of individual lawsuits have been filed by state and local governments against opioid makers resulting from the influx of these drugs in the marketplace. To defray the costs in defending against these...more
The United States District Court for the Northern District of Illinois has held that communications from counsel for the buyer of a property concerning undisclosed contamination were sufficient to constitute a Claim against...more
In this episode, hosts Lynda A. Bennett and Michael D. Lichtenstein discuss the final stage of mediation, or how to “seal the deal.” They debate the pros and cons of addressing non-financial terms of the settlement, such as...more
The U.S. Supreme Court has denied a petition for certiorari in First Reliance Standard Life Insurance Company v. Giorgio Armani Corporation. Although the headlines typically come when the Supreme Court issues an opinion, its...more
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Sentinel Insurance Co. v. VLM Foods Inc. arose after a hepatitis A outbreak was traced back to contaminated strawberries used and sold by several insured smoothie cafe franchises. The insured tendered all of the outbreak...more
Periodically, Nexsen Pruet member Marc Manos, Chair-Elect of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the areas of tort &...more
The United States District Court for the Southern District of New York rejected a reinsurer’s denial of a claim. The court disagreed with the reinsurer’s position than exhaustion language had not been satisfied, and found the...more
The United States District Court for the Western District of Texas, applying Texas law, has held that a legal malpractice insurer was not liable for a statutory bad faith claim by the insured law firm because the evidence...more
Applying Illinois law, a federal district court has held that an insurer did not have a duty to defend or indemnify for a lawsuit that was filed and dismissed prior to the policy period and later refiled during the policy...more
The question before the Southern District of New York was whether, under English law, certain facultative reinsurance policies obligated a reinsurer to indemnify its cedent for a $20 million settlement. The finding was...more
In an exception to the COVID-19-related news that has dominated recent headlines, the Pennsylvania Supreme Court recently ruled in favor of an insured contending that its insurance carrier must provide defense and potential...more
The Eleventh Circuit, in the matter of QBE Specialty Insurance Co. v. Scrap Inc., affirmed the district court’s decision to grant summary judgment in favor of QBE holding that there was no indemnity coverage for an underlying...more
Plaintiffs, former shareholders of a holding company for two New Jersey-based insurance companies, sued various affiliates of Aon Risk Services Companies alleging that Aon was negligent in failing to secure insurance coverage...more
Representations and warranties play an important role in M&A agreements by providing valuable disclosures and allocating risks between the parties. Representations regarding the target company’s financial statements are...more
Once it has been determined that a breach of a financial statement representation in an acquisition agreement has occurred—specifically with respect to an identified income statement—the question arises as to the quantum of...more