By Andrew N. Bourne and Joshua L. Blosveren | October 11, 2019
The First Department issued a clear decision that policyholders may recover the consequential damages, including attorney fees, caused by the bad-faith dilatory practices all too often employed by insurance companies.
New York Law Journal | Analysis
By William G. Passannante | October 11, 2019
The transition in progress from the "profits only" approach of Friedman to an ethos embedded in the legislation proposed by Senator Warren and the public statements of CEO's of public companies will alter corporate behavior and so, inevitably, the D&O liability and insurance landscape.
New York Law Journal | Analysis
By Mikaela Whitman | October 11, 2019
While traditional sources of proof such as legal precedent, expert testimony, an insurers' past acts, industry customs, and legal consensuses (i.e., the Restatement), should certainly be considered, unfair claim settlement statutes likewise should not be overlooked.
New York Law Journal | Analysis
By Daniel A. Rabinowitz | October 11, 2019
Understanding the background and interplay of the insurance laws that govern investments by carriers can provide some context to these developments and also shed light on a key aspect of solvency regulation of this critical U.S. industry.
By Angela Turturro | September 23, 2019
In this Special Report: "Navigating the Retail Apocalypse," "Bogart That Joint, But Don't Bankrupt It: Cannabis Businesses in Bankruptcy," "Faster, Shorter, Smarter, Better: Strategies for a New Era of Bankruptcy," "When the American Dream Ends in Bankruptcy, Immigrant Entrepreneurs Face Unique Challenges," "D&O Policy 'Bankruptcy Exclusion' Held To Be an Unenforceable 'Ipso Facto' Clause," "CDS 'Net Short' Holder Market Developments" and "Mitigating Lender Risk in Constructive Fraudulent Transfer Litigation."
By Arthur Steinberg and Michael R. Handler | September 20, 2019
Lenders must carefully analyze the full ramifications of how best to approach the constructive fraudulent transfer issue when it emerges in their bankruptcy case.
By Bradford J. Sandler and Jonathan J. Kim | September 20, 2019
There may continue to be high numbers of retailers filing for bankruptcy protection in the short term, based on macroeconomic and industry-specific developments, but retailers that are proactive and comprehensive in their approach will be much more likely to avoid being a part of the "Retail Apocalypse."
By Mark D. Silverschotz | September 20, 2019
This new decision is significant because lawsuits against former (and current) officers and directors of debtors commonly are brought by trustees, creditors' committees so-empowered by bankruptcy court orders, or, as here, by trusts established under plans of reorganization. Because insurance policies often are the only viable source of recovery for the claims asserted in such lawsuits, this decision potentially opens a pathway to creditor recovery in other similar matters.
By Robert J. Rock | September 20, 2019
No matter what the size of the businesses, the United States provides a plethora of examples of success but also, unfortunately, failure.
By Matthew Roose, Alyson Gal, Andrew Glantz and Jill Kalish Levy | September 20, 2019
The market response to the perceived issues created by net-short holders continues to evolve.
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