New York Law Journal | Analysis
By Peter A. Halprin, Pamela Woods and Vincent Xu | May 21, 2020
The anticipated surge in bankruptcies will likely result in a wave of D&O claims filed by creditors or bankruptcy trustees.
By Bryce Friedman and Nick Goldin | May 8, 2020
Given the increasing frequency and costs of cyber incidents, there is growing demand for insurance policies that cover associated first-party and third-party expenses and losses.
By Eric B. Stern and Andrew A. Lipkowitz | May 8, 2020
This article examines the SHIELD Act, and the requirements it imposes on businesses. It also discusses the current state of the law regarding the insurability of civil fines and penalties in New York, and its implications on whether coverage would be permitted for penalties imposed under the SHIELD Act.
By Tom McParland | April 28, 2020
The decision, from a three-judge panel of the Manhattan-based appeals court, wiped out a 2017 verdict by a federal jury in the Northern District of New York.
New York Law Journal | Expert Opinion
By Jason C. Bergman | April 28, 2020
Jason Bergman discusses RPAPL §1302-a which eliminates waiver of the standing defense in a home loan foreclosure action even though not raised in an answer or pre-answer motion. He notes that title companies have always been uneasy about insuring titles devolving through foreclosures and the new statute only accentuates the risk.
New York Law Journal | Analysis
By Peter A. Halprin and Jacquelyn M. Mohr | April 20, 2020
While COVID-19 has plagued the world with deaths and forced more than a billion people to stay at home, cyber criminals have not exited the scene. Instead, they are exploiting the vulnerabilities of people working at home and launching attacks on COVID-19-related medical facilities. In their Cyber Crime column, Peter Halprin and Jacquelyn Mohr demonstrate that policyholders have a path to insurance recovery under policies in addition to cyber insurance policies.
New York Law Journal | Analysis
By Howard B. Epstein, Theodore A. Keyes and Stavan Desai | April 9, 2020
As Representations and Warranties Insurance has become more of an industry norm in the United States, parties have increasingly sought to utilize U.S.-style RWI policies for cross-border transactions. There are, however, a number of differences between U.S. and international RWI coverage that all parties involved in a deal need to be mindful of from the start to help ensure a smooth transaction, which Howard B. Epstein, Theodore A. Keyes and Stavan Desai discuss in this edition of their Corporate Insurance column.
New York Law Journal | Analysis
By Evan W. Bolla | April 3, 2020
As these legal issues begin to wind themselves through the courts, businesses should take necessary steps to reserve their rights, but should not rely on the immediate payment of insurance proceeds during these difficult times.
New York Law Journal | Analysis
By Tancred Schiavoni and Gregory Serio | March 30, 2020
The country needs a workable and economically feasible solution that honors contracts and serves both customers and insurers.
New York Law Journal | Analysis
By Robin L. Cohen, Marc T. Ladd and Alexander M. Sugzda | March 25, 2020
This article focuses on coverage for the immediate losses caused by coronavirus, including loss of revenue to businesses suddenly devoid of customers, businesses dealing with disrupted supply chains, and businesses forced to shutter either by concern for public health or by explicit government order.
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