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Civil Litigation Discovery Insurance Law Legal Topics

Are Insurance Agreements Discoverable?

The existence of insurance is often key to a lawsuit and one of the first orders of business in discovery. There are statutory provisions allowing for discovery of the existence and contents of insurance agreements—as well as limits on it.

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Business Law Legal Topics

You Can Negotiate Who Takes on Risk

ThinkstockPhotos-465897648Parties negotiating a business transaction don’t have to accept the risks or duties imposed by law on the proposed arrangement. For example, just because a property owner is generally liable for damage caused by hazardous materials on his or her property (42 USC §9607) doesn’t mean that a potential buyer can’t negotiate that the seller be financially responsible for cleaning up materials that were on the property before the closing date. Here’s how to (re)allocate risk in your next transaction.

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Business Law Legal Topics

7 Contract Damages Provisions to Bargain Over

break(great for any design)When you’re negotiating and drafting a contract, your client may be excited and focused on the positives, but you have to keep your eye on the dark side, i.e., the consequences of a breach. Consider bargaining over favorable damages provisions—just in case.