Whether the expense of an environmental consultant is a defense cost which, like other defense expenses, is recoverable as incurred, or an indemnity cost, recoverable only at the end of coverage litigation, is one of the most significant issues in environmental insurance coverage litigation today. By carefully planning, tracking, and describing such expenditures, policyholders can help maximize the chance that they will be recoverable as defense costs and thus get the most from insurance coverage.
This "How To" resource can help guide a legal department moving from predominantly hourly billing to alternative billing scenarios - with goals, planning, types, and key considerations.
Coaching has made a powerful impact on this lawyer’s career development—and it could do the same for you.
Reactive law departments respond ad hoc to requests and handle emergencies as they crop up. Proactive departments have processes, tools and cultural behaviors in place to deal with incoming requests efficiently, and thus are better able to strategically manage risk. Learn more about what how legal departments can stop constantly putting out fires and become proactive business partners.
Last year, a Dallas federal jury cleared US billionaire entrepreneur Mark Cuban of allegations of insider trading. His trial lawyer and long-time counsel explain what made the case resonate with the jury. Among other things, jury research and selection play a critical role in any high-stakes trial.
Many executives rank data growth as one of their top business challenges. Organizations are now facing the reality that their existing systems for managing information are no longer working. A different approach to information management is necessary considering that our information-driven world is one of heightened compliance requirements coupled with reduced control over information. This article suggests that by adopting an evolved standard of reasonableness, this challenge can be met.
Most companies create and store audio data. In the event of an investigation, audio evidence can be extremely compelling and can make or break a case. Organizations should recognize the risks and requirements associated with audio data. Because audio files pose unique discovery challenges, read this article to learn the best practices for handling audio evidence.
It’s a case for which no company stakeholder ever wants to go to trial: the corporate veil has been pierced, and your executive might be found personally guilty for the wrongdoing of the company. This article explores what corporations can do to protect themselves from this oft-seen type of litigation.
This resource describes the release and impact of the Arrangement Concerning Mutual Assistance in Court-ordered interim Measures in aid of Arbitral Proceedings by the Courts of the Mainland an of the Hong Kong Special Administration Region. The success of applications submitted under the terms and requirements of the Arrangement have made it a compelling reason for parties, irrespective of origin, to select Hong Long as the seat of arbitration if they are doing business with parties in China Mainland.
On Feb. 5, 2013, broad amendments to the Corruption of Foreign Public Officials Act (CFPOA) were tabled in the Senate through Bill S-14. This article addresses the six major changes to the CFPOA that will result if Bill S-14 is enacted into law as presently drafted.
Too often we overlook provisions in contracts that we consider customary or “boilerplate” and non-negotiable. This program examines standard contract provisions and challenges the audience to look at them more critically from a litigator’s perspective. The interactive program dissects contract provisions that have hidden traps and provides tips on better risk management with an in-depth look at non-assignment clauses, liability limitations, merger clauses, choice of law clauses and other similar provisions.
ABA letter to state bar leaders regarding attorney-client privilege and work product policies promoted in the "Holder Memo" and "Thompson Memo".
A sample policy for directing employees, customers and partners in proper trademark usage.
This article discusses how recent court decisions have empowered the consumer. For example, in Australia, a leading residential housing developer was slapped with hefty fines for deceptive conduct; real estate developers in India have also found themselves in the regulator’s sights.
As lenders struggle to work out and collect on unprecedented numbers of commercial real estate loan defaults, they’re increasingly turning to receiverships. This article provides a background on receiverships in this context, their pros and cons, and some practical advice on how they work best.
ABA letter to the US Sentencing Commission regarding waiver of attorney-client privilege.
Insurance claims made in the wake of a disaster must be done quickly, but carefully, to maximize a company's recovery. Learn the best ways to document damage and claim the proper type of loss for maximum insurance coverage, and gain tips on working with an insurance broker and risk manager.
What legislation is applicable to insolvencies and reorganisations? What criteria are applied in your country to determine if a debtor is insolvent?
This article provides an overview of the option clauses in Shareholders Agreements regulated by Brazilian law and the instruments that can be used by the parties in order to assure the enforceability of said clauses.
The Green California Leadership Awards were established to recognize outstanding environmental achievements in governments who undertake publicly financed and executed projects that provide a measurable benefit to the natural or human environment.
This short article discusses regulatory changes in Brazil implemented in 2013 that made it easier to invest in small and medium-sized companies.
Philip Strauss brings you the top four affordable technologies that can help you as a new in-house lawyer, James Bond style.
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