New York Law Journal | Analysis
By John Sparling, Scott Shapiro and Giancarlo Stanton | October 14, 2017
John Sparling, Scott Shapiro and Giancarlo Stanton write: Focused and timely risk management practices can help alleviate the time and cost of problems post-Burlington. These practices may include (1) review and verify additional insured endorsements and certificates in advance of project work, (2) aggressive risk transfer practices in the face of inappropriate declinations, and (3) good contract review and business partner practices.
New York Law Journal | Analysis
By William G. Passannante and Carrie Maylor DiCanio | October 14, 2017
William G. Passannante and Carrie Maylor DiCanio provide some strategies to obtain the coverage purchased and facilitate efficient resolution of R&W insurance disputes.
New York Law Journal | Analysis
By Jeremy M. King | October 14, 2017
Jeremy M. King writes: Surprisingly, many courts have found that "Computer Fraud" coverage does not apply to a common form of Internet fraud—the email scam—and coverage will depend upon the state's law that applies to the policy. Policyholders need to know the scope of the coverage they have purchased in order to determine whether they are exposed to risks that fall within less-than-obvious gaps in that coverage.
New York Law Journal | Analysis
By William G. Passannante and Carrie Maylor DiCanio | October 14, 2017
Mina Matin writes: The "known loss" principle, under New York Law, is the recognition of the universal public policy that insurance should only cover fortuitous losses. This article explores this principle as it relates to third party liability and excess liability policies, and discusses its practical implications.
New York Law Journal | Analysis
By Daniel A. Rabinowitz | October 14, 2017
Daniel A. Rabinowitz writes: Capital requirements for insurers are currently undergoing far-reaching changes across numerous jurisdictions as policymakers and regulators strive to keep up with evolving macroeconomic pressures and variables. These changes, in turn, could have a profound impact on some of the most fundamental business decisions made by carriers, such as pricing policies, investing assets, entering or exiting lines of business and others.
New York Law Journal | Analysis|News
By Colby Hamilton | New York Law Journal | October 13, 2017
In the public furor over revelations that Manhattan District Attorney Cyrus Vance Jr.'s office declined to pursue groping charges against Hollywood producer Harvey Weinstein, the office's defense has reste largely on insufficiency of evidence claims.
New York Law Journal | Analysis
By Mark D. Harris and Margaret A. Dale | October 13, 2017
In their Corporate and Securities Litigation, Mark D. Harris and Margaret A. Dale write: Some have expressed concerns that the SEC is not fully equipped to handle the host of cybersecurity issues that will continue to come its way. Nonetheless, the SEC appears focused on the mission of increasing cybersecurity and determined to address the growing threat to markets.
New York Law Journal | Analysis
By Sidney Kess | October 13, 2017
In his Tax Tips column, Sidney Kess writes: Take the time now to consider some year-end tax planning strategies that you can use for your business and personal taxes.
New York Law Journal | Analysis
By Oksana Wright | October 13, 2017
There are certain steps a creditor (or potential creditor) should consider to ensure that any recovery is plausible.
New York Law Journal | Analysis
By Ross Kamhi and Corban Rhodes | October 12, 2017
Corban Rhodes and Ross Kamhi write: We are at a pivotal moment with respect to how the law protects consumer personal information. The public, however, is largely unaware of the concerted opposition protection legislation faces from technology giants.
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