By Laura E. Appleby and Paige A. Naig | June 3, 2022
If the parties intend make-whole provisions to apply in a bankruptcy proceeding, they must be drafted clearly and concisely to apply. Defined terms matter.
By Joel H. Levitin and Richard A. Stieglitz Jr. | June 3, 2022
Lenders should have increased opportunities to finance bankruptcy sales in the near term. Lenders should view these opportunities as being at least as advantageous as financing non-bankruptcy acquisitions, in part given that the scope of liabilities that the purchaser will assume should be more circumscribed.
By Angela Turturro | May 23, 2022
In this Special Report: "New York State Finalizes Changes to Insurance Disclosure Law," "While New Biometric Privacy Laws Have Led to Widespread Litigation and Large Settlements, Most Courts Have Held That Insurance Covers These Claims," "An Insurer's Ongoing Battle To Limit Disputable Discovery," "The 'Related Claims' Provision in Insurance Coverage Disputes," "Supply Chain Woes Bring Contingent Business Interruption Recovery—and Its Limitations—Into Sharp Focus" and "Call to Action: Modernizing the 'War Exclusion' for the 21st Century."
By Jillian Raines and Amber N. Morris | May 20, 2022
Many prudent businesses are revisiting their insurance portfolio, seeking confirmation that their coverage will adequately protect them if they are victimized by increasingly sophisticated cyberattacks, including those connected to the acute conflict in Ukraine.
By ALM Staff | May 20, 2022
This week's New York Law Journal special report in PDF format.
By Cort T. Malone and Jade W. Sobh | May 20, 2022
Across the United States, legislatures are passing new biometric privacy laws with potentially onerous fines, making businesses who collect biometric information, and the insurance companies that sell policies to those companies, understandably nervous.
By Mikaela Whitman and Tae Andrews | May 20, 2022
These provisions can play a pivotal role in the amount of coverage available for a given claim or claim(s) and can determine whether "claims" trigger multiple policy years or instead, whether those "claims" trigger only a single policy year.
By Brian R. Biggie and Joanna M. Roberto | May 20, 2022
Proactively limiting discovery, or shielding information, may not be an effort to hide such information from a litigant, but necessary to avoid irrelevant information from impacting a motion for summary judgment or more importantly, a jury's decision.
By Steven B. Saal | May 20, 2022
The amended statute clearly places the onus on defendants to proactively address insurance coverage matters. Defense counsel can no longer wait for plaintiffs to pursue the issue and respond as necessary.
By David L. Yohai, Heather Weaver and Sherry Safavi | May 20, 2022
The article examines the potential limitations of CBI coverage and the practical challenges of litigating CBI claims. It also discusses ways to draft stronger CBI policies and the growing popularity of other types of insurance in response to global supply chains that are increasingly reliant on just-in-time sourcing and that continue to be aggravated by recent disasters.
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