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Breach of Duty to Defend Stands Out Among Noteworthy Issues
Evan H. Krinick, co-managing partner of Rivkin Radler, writes: The past term's significant insurance law decisions by the New York Court of Appeals resolved a variety of issues that will alter the practice of insurance law in important ways. But one decision in particular, in which the court evaluated the consequences to an insurance carrier of its breach of the duty to defend its insured, will surely be one of the most widely discussed and debated insurance law decisions rendered by the court in recent years.The 'Rogue Employee' and Dogs That Eat Homework
Have you ever noticed, when companies become the focus of a compliance scandal, that one of the first instincts of the company spokesperson is to blame the bad act on the proverbial "rogue employee"?Virginia Toll Road Moves Forward with Help from Orrick, Ballard Spahr
The $935 million project—which will widen a 29-mile stretch of Interstate 95 in Virginia to cater to carpoolers and those willing to pay a premium for a speedier drive—is the latest public-private partnership on which the two firms have worked.Assured Guaranty's case against Flagstar Bancorp wasn't the biggest case brought by a bond insurer against a mortgage-backed securities issuer in the wake of the housing crisis. But that doesn't make Buchdahl's $90 million victory this week any less of a problem for the banks.
Requisite Mental Capacity for Executing an Intervivos Trust
Sanford J. Schlesinger and Ross Katz of Schlesinger Gannon & Lazetera write that while the law is replete with examples of cases discussing the requisite mental capacity of a testator necessary to execute a will, few decisions exist wherein a court is faced with analyzing the requisite mental capacity necessary to execute an intervivos trust. A recent decision sheds light on this seldom analyzed area of law.Quiet Trusts and Great Expectations
Jonathan J. Rikoon, a partner at Debevoise & Plimpton, and Louise Ding Yang, an associate at the firm, write that over the past decade more than 30 jurisdictions have enacted legislation - primarily driven by controversial provisions included in the 2000 Uniform Trust Code - permitting some form of a "quiet" or "silent" trust in which the settlor abrogates or severely limits a trustee's duty to inform beneficiaries of the existence of an irrevocable trust or to notify beneficiaries of certain other trust information.Va. Toll Road Moves Forward With Help From Law Firms
Drivers stuck in traffic in Northern Virginia, take heart: As of Tuesday, a long-stalled $935 million highway project aimed at easing congestion by widening a 29-mile stretch of Interstate 95 is finally on the road to completion.Four Firms Dialed In for BlackBerry's Take-Private Deal
Stumbling smartphone maker BlackBerry said Monday it has agreed to sell itself to a consortium led by its largest investor, Canadian insurance company Fairfax Financial Holdings, for $4.7 billion. Skadden and Canadian firm Torys are advising a special committee of BlackBerry's board, while the buyers have turned to Shearman & Sterling and McCarthy Tétrault.Trending Stories
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Strong & Hanni Solves Storage Woes--Learn How You Can, Too
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Meeting the Requirements of California's SB 553: Workplace Violence Prevention
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