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New York Law Journal

Texas Two-Stepping Mass Tort Claimants

This strategy is intended to preserve and protect the legacy entity's assets and going concern value against overwhelming mass tort claims while creating a single forum to resolve mass tort claims fairly and equitably.
8 minute read

New York Law Journal

Legislation Expanding Subchapter V Bankruptcy Eligibility Awaits Congressional Vote

If BTATCA is passed and the subchapter V bankruptcy debt limit is restored to $7.5 million, it will be considered by many as a transformative step for the future of small business bankruptcies across the country.
7 minute read

New York Law Journal

Another Look at Make-Whole Provisions in Bankruptcy: Drafting Matters

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.
8 minute read

New York Law Journal

Opportunities for Lenders in Financing Bankruptcy Acquisitions

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.
8 minute read

New York Law Journal

Insurance Law

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."
2 minute read

New York Law Journal

Call to Action: Modernizing the 'War Exclusion' for the 21st Century

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.
8 minute read

New York Law Journal

Special Report: Insurance Law

This week's New York Law Journal special report in PDF format.
1 minute read

New York Law Journal

While New Biometric Privacy Laws Have Led to Widespread Litigation and Large Settlements, Most Courts Have Held That Insurance Covers These Claims

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.
11 minute read

New York Law Journal

The 'Related Claims' Provision in Insurance Coverage Disputes

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.
7 minute read

New York Law Journal

An Insurer's Ongoing Battle To Limit Disputable Discovery

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.
9 minute read

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