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New York Law Journal

Pollution Exclusions and PFAS Claims: Reading Tea Leaves From Early Coverage Rulings in New York and Elsewhere

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.
7 minute read

New York Law Journal

New York Courts Reject Insurance Companies' Attempts to Recoup Defense Costs

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.
9 minute read

New York Law Journal

'Buy and Shelve': A Deadly Strategy for Life Insurance

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.
7 minute read

New York Law Journal

Action Over Unease: What Happens Post-Tender Acceptance?

The primary focus of most litigation in the United States is on the defendant's liability to the plaintiff. In the unique world of New York Labor Law claims, however, risk transfer issues among defendants and third-party defendants often become the main event.
7 minute read

New York Law Journal

Meet the New Boss, Same as the Old Boss: The New Old Independent Contractor Rules

The U.S. Department of Labor's new independent contractor regulations, effective March 11, 2024, replace a previous set of regulations issued under the Trump administration in 2021; however, the new rule is not really new.
8 minute read

New York Law Journal

SEC's Crackdown on AI Washing Has Broad Implications

The SEC has now announced that it has settled its first enforcement actions involving AI. Two investment advisors recently agreed to pay civil fines to the SEC for misstatements about AI technology. This signals a new era of SEC enforcement.
7 minute read

New York Law Journal

Secondary Evidence of Missing Insurance Policies for Child Victims and Adult Survivors Act Claims

The Child Victims and Adult Survivors Acts have given rise to a large body of cases now slowly working their way through the courts in connection with which defendants must look back in time to find insurance policies issued decades ago. Many of the relevant policies are now lost.
10 minute read

New York Law Journal

Client Guide to Judgment Enforcement

This article describes strategic considerations relating to collection that parties should weigh at the onset of any dispute, and tools that prevailing parties can later use to secure monetary awards. It then presents examples of prevailing parties weighing those considerations and employing those tools to receive what they are owed.
8 minute read

New York Law Journal

Federal Jurisdiction Over Petitions To Confirm, Vacate Arbitration Awards Uncertain After 'Badgerow'

The U.S. Supreme Court's decision in 'Badgerow v. Walters' has made it less predictable whether federal courts will find the amount-in-controversy requirement for diversity jurisdiction has been satisfied.
8 minute read

New York Law Journal

No-Shop Provisions: Drafting Guidance From the Litigator's Perspective

This article provides insight, from a litigator's perspective, into how four key no-shop drafting decisions can impact the outcome of a litigation: duration, scope, choice of law and remedy.
7 minute read

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