Partner Amy Kallal and Special Counsel Andrea Fort discuss recent cases involving the efforts to obtain access to arbitration awards which are filed as part of petitions to confirm or vacate. Some courts have allowed third-party access to awards just...
A domestic corporation is a citizen of its state of incorporation and principal place of business for purposes of diversity jurisdiction.[1] By contrast, the citizenship of other “unincorporated” domestic business entities (such as limited liability...
Does An Insurer Have An Entitlement to Recoup Defense Costs When No Duty to Indemnify Exists? In a case of first impression for the New York Supreme Court, Appellate Division, Second Department, the court chose not to follow prior decisions of its...
The Case of Cadre v. Proassurance Casualty Company Rule 1:21-1B of the New Jersey Rules of Court governs the practice of law as a limited liability company, and provides in relevant part that “[a]ttorneys may engage in the practice of law as limited...
The New York Law Journal published “NY Prompt Pay Act for Construction Contractors,” written by partner Barry Temkin and coauthor Ken Eccleston, on August 10, 2021. This article provides an in-depth discussion of New York’s Prompt Pay Act,...
William Wilson published new book, NJ Insurance Coverage Litigation – A Practitioners Guide (2021), 3rd ed. With co-author Frank DeAngelis, they provide a broad overview of insurance coverage litigation in NJ involving the enforcement and interpretation...
The Indiana Supreme Court Weighs In With the proliferation of computer crime these days, cyber insurance has become a must for businesses. There are many different types of cyber coverage available on the market, and the coverage that an insured...
Maintaining Confidentiality When Petitioning for Relief in Court A long-running dispute between Pennsylvania National Mutual Casualty Insurance Company and one of its reinsurers, Everest Reinsurance Company, recently culminated in the unsealing of an...
This article was published on Law360 (subscription required) on June 10, 2021, in Insurance Authority, and in the daily Insurance newsletter. It was written by partner Amy Kallal, Special Counsel Andrea Fort, and associate Andrew Romano. On June 9, El...
State and federal courts across the country are grappling with insurance coverage litigation, as insureds who suffered business losses due to government-mandated shutdowns look to their property insurers for relief. These cases present the following key...
Barry Temkin co-authored “ABA Remote Work Guide Raises Bar For Atty Tech Know-How” in Law360 (subscription required) with Jennifer Goldsmith, vice president of professional liability claims at Ironshore, discussing ABA Ethics Opinion 498, a...
This article was published on Liberty Mutual’s website. You can access it here. This article will consider potential future claims against design professionals that are expected to arise from the Covid-19 pandemic and offer recommendations for how...
This article was published in the New York Law Journal on January 15, 2021. In addition to a 2018 ABA ethics opinion which outlines when law firms are ethically obligated to notify clients of data breaches jeopardizing the security of their confidential...
This article was reprinted with permission from Business Law Today. Much has been written in recent years about lawyers’ duties to preserve the confidentiality of client information under the rules of professional conduct and to take reasonable...
