Kylie Marshall

May 24, 2024 | New York Law Journal

The Second Circuit's recent decision in 'Pine Management v. Colony Insurance Company' underscores the critical importance of providing notice to insurance carriers of possible claims, even when a specific demand is absent.

By Evan W. Bolla

8 minute read

May 24, 2024 | New York Law Journal

Lawsuits have been filed across the country that allege harms purportedly caused by PFAS chemicals. The underlying litigations have resulted in billions of dollars in settlements, which, in turn, have led to demands for insurance coverage and associated coverage litigation.

By Matthew C. Penny and Bryce L. Friedman

7 minute read

May 24, 2024 | New York Law Journal

The Court of Appeals recently handed down a significant decision regarding the requirements a petitioner must meet when making a motion for leave to file a late notice of claim: 'Jaime v. City of New York'. This article discusses the background of the case and its potential significance for injured parties.

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

13 minute read

May 24, 2024 | New York Law Journal

Recently, several New York courts have held that an insurance company has no right to recoup defense costs where the insurance policy includes a duty to defend, but does not include an express contractual provision allowing for recoupment.

By Raymond A. Mascia Jr. and William G. Passannante

9 minute read

May 24, 2024 | New York Law Journal

Corporations typically have risk management departments that stay on top of their coverage portfolios, but individual policyholders all too often purchase policies and simply file them away in the apparent hope that the mere act of buying coverage serves as a hedge against ever needing it. This is the "buy and shelve" approach to insurance. And, while it's never a good strategy, it is particularly dangerous in the context of life insurance.

By Christopher C. Loeber and Helen P. Hunter

7 minute read

May 24, 2024 | New York Law Journal

Legal developments concerning blockchain and digital assets are not limited to the English-speaking world or to common-law jurisdictions. Earlier this year brought some thought-provoking developments on digital assets and related technologies from Spanish-speaking civil law jurisdictions.

By Robert A. Schwinger

19 minute read

May 23, 2024 | New York Law Journal

For the past several years, non-compete agreements have been under attack by legislatures, agencies and regulators throughout the country. Since then, many states have passed legislation restricting the use of non-competes. These agreements have also become the topic of ongoing debate among New York lawmakers.

By Eric Tate and Michael Schulman

7 minute read

May 22, 2024 | New York Law Journal

This article highlights recent laws and legislation surrounding the protection of "sensitive data," such as biological and neuro data, when it comes to neurotechnologies, especially as these technologies quickly move into the realm of consumer products.

By Frances Green, Paul DeMuro and Eleanor Chung

8 minute read

May 22, 2024 | New York Law Journal

This articles discusses the continued vitality of the party-appointed arbitrator function and how it is treated by international arbitration users and their counsel in the face of guidelines and rules that have an impact on it.

By Lawrence W. Newman and David Zaslowsky

10 minute read

May 22, 2024 | New York Law Journal

The 2024 proxy season demonstrated that AI-related disclosures and governance structures currently are a subject of intense shareholder interest. It is likely that both disclosure- and governance-oriented shareholder proposals regarding AI will gain traction in future proxy seasons.

By David A. Katz and Laura A. McIntosh

8 minute read