Insurance Goes Green

With new technologies comes new businesses and new products—and new insurance issues. As with so much else, the new color in property insurance is green. Continue reading

Libel Tourism

As Americans, we feel comfortable saying whatever we want about public officials and celebrities on our blogs and websites. We’ve got the First Amendment behind us. Unfortunately, the First Amendment doesn’t stretch to cover everywhere our Internet musings may go. Forum shopping has taken a new turn — libel tourism – in which defamation plaintiffs seek a forum that will provide the least protection for statements. Continue reading

Who’s Got the Power (of Attorney Papers)?

So, you finally get around to preparing and signing powers of attorney for health care, personal care, and financial management. Now, where should you keep them? Should they be at your home? In a safe deposit box? At your attorney’s office? What’s the point of preparing these important documents if you don’t have them when you really need them? Continue reading

The Legal Side of the Schwarzenegger Paternity Scandal

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Loose Language Sinks Coverage

Most of us never think about the distinctions between words like “mudflow” and “landslide” until a storm hits, damaging our home or business, and we are frantically trying to decipher our insurance policy. That’s when we learn how critical policy wording can be — so critical that it can mean the difference between a covered claim and no coverage at all. Continue reading

Foreign Bribery Actions Hit Record Numbers

The Securities and Exchange Commission and the Department of Justice are bringing record numbers of actions under the Foreign Corrupt Practices Act these days, and the trend is likely to continue.  In one case (.pdf) Johnson & Johnson subsidiaries are accused of paying bribes to public doctors in Greece who use the company’s surgical implants. Maybe it’s time for businesses to get a refresher course on a very simple rule: You can’t bribe foreign officials to get or keep business deals. Continue reading

Sharing Search Terms

During discovery, parties often use search terms to separate the wheat from the chaff, i.e., the irrelevant or unresponsive data from the relevant or responsive information.  The sheer volume of electronic material makes the use of search terms a necessity, but, as with many conveniences, there is some risk involved.  The key may be in agreeing to share search terms that will improve the process without showing your hand. Continue reading

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