New York Law Journal | Analysis
By Lee J. Potter Jr. and Steven G. Perelman | October 13, 2023
In recent years, M&A practitioners have come to realize that the simple word "fraud" is not so simple after all and, depending on certain factors, alleging fraud could give a buyer a much wider end run around the indemnification package limitations than was realized or intended.
New York Law Journal | Analysis
By William G. Passannante and Raymond A. Mascia Jr. | October 1, 2023
In the authors' experience, insurance companies interpret the bump-up exclusion far too broadly and beyond the insurance industry's purported intent behind the exclusion. D&O policyholders should be prepared to resist such coverage denials.
New York Law Journal | Analysis
By Courtney C.T. Horrigan, John Ellison and Russell M. Squire | October 1, 2023
Hawaii, recently devastated by the Lahaina Fire, looks to be the first state to have its Supreme Court weigh in on the applicability of pollution exclusions to climate change lawsuits. This article examines what is at stake for policyholders and the road to recovery in this rapidly evolving area of insurance coverage law.
New York Law Journal | Analysis
By Jillian Raines and Alex Harris | October 1, 2023
How should a federal court decide whether to enforce a choice-of-law provision? That's the question at the heart of 'Great Lakes Ins. v. Raiders Retreat Realty', a maritime coverage dispute that will be argued before the Supreme Court. However the court rules, the decision could have wide-ranging implications for insurance disputes—even those on land.
New York Law Journal | Analysis
By Daniel A. Rabinowitz and Matthew Doyle | October 1, 2023
Developments at the nation's premier forum of state insurance regulators are roiling capital markets, with potentially meaningful consequences for companies raising funds as well as the insurance industry as a whole.
New York Law Journal | Analysis
By G. Andrew Lundberg | October 1, 2023
Legal finance has found some vocal detractors in its development. Big business generally, and the insurance industry particularly, may never fully embrace it—but their roles in the legal risk marketplace confirm that the line between good capital and bad capital isn't as clear and as fine as they seek to make it.
New York Law Journal | Analysis
By Richard J. Bernard and Roya Imani | September 17, 2023
In this article, Richard J. Bernard and Roya Imani explore the challenges faced by U.S. debtors aiming to qualify for Chapter 15 recognition.
New York Law Journal | Analysis
By Emily Slater | September 17, 2023
US corporate bankruptcy filings are at the highest point since 2010, signaling a significant increase in bankruptcy activity for the first time since the legal finance industry emerged in the wake of the 2007-2008 financial crisis.
New York Law Journal | Analysis
By Gregory Plotko and Marissa Higgins | September 17, 2023
In this article, Gregory Plotko and Marissa Higgins discuss in substance the most pressing issues for both landlords and tenants in the event of a WeWork bankruptcy filing under the U.S. Bankruptcy Code.
New York Law Journal | Analysis
By Stuart I. Gordon and Alexandria E. Tomanelli | September 17, 2023
This article addresses the "Texas Two-Step" litigation strategy when it comes to bankruptcy and discusses whether this strategy of utilizing the Chapter 11 process to handle mass tort litigation claims is fair, effective and will survive the scrutiny of the courts.
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement