This article describes the facts of the case, the arguments and the ruling in the Washington state-based case of Fidelity and Deposit Company of Maryland v. Dally, evaluating the indemnification claims involved, and more.
A fine but definitive line divides the world of insurance policies. On one side, there is the insurer, armed with the legal forces to defray expenses. On the other are the insured, slightly perplexed about the industry's rules of engagement. This article empowers policyholders and offers guidance as to how to persevere when litigation hits.
Through evaluation of psychological forces of loss aversion, Bill Mordan stresses the importance of making a conscious effort to avoid forces that may prompt one from not making the best decisions possible.
What can in-house counsel do to help mitigate liability in the wake of a crisis and to help maintain the company's public reputation? James Nortz addresses this question in this must-read article.
Open source software is being used more and more frequently, and in-house attorneys need to get a firm grip on all that the software entails, especially in terms of compliance. This article takes a look at your first steps in doing this, assessing the risks, litigation and licenses involved in using it, outsourcing and acquisitions where it is involved, and the management of its use.
This letter brief filed with the US Court of Appeals- 9th Circuit on behalf of the Chamber of Commerce of the United States of America and ACC as amicus curiae supports the petitioner's request for a rehearing en banc. Among the issues for consideration is the issue of whether and to what extent the Securities and Exchange Commission ("SEC"), or any other governmental entity, can actively conceal from an individual whom it is investigating the existence of a parallel criminal investigation.
Sample guarantee agreement
Receiving a letter from the US government stating that a qui tam action has been filed against your company can be a nightmare for the in-house attorney ordered to stay quiet about the case. With shareholder litigation on the rise, companies subject to the False Claims Acts need to consider all options. In-house counsel need to prepare themselves for a tug of war between the laws, penalties that exist for violating a seal, and those that require the disclosure of information to publicly traded companies.
Are the convoluted indemnification clauses that have grown as they have been passed down through the ages necessarily the most clear? Read what Bob Feldman has to say about the topic.
Law firm respond to suggestions of poor customer service differently. This article describes one hypothetical possibility.