Florida Appellate Courts clash over Florida’s Asbestos & Silica Fairness Compensation Act
Just recently the Florida’s Fourth District Court of Appeal, seated in Palm Beach County, Florida, ruled that Florida’s Asbestos and Silica Fairness Compensation ActFor excess carriers who are tired of being asked to pay without the full exhaustion of the underlyin
When questions about coverage arise in the D&O liability insurance context, particularly when potential damages are significant enough to reach multiple layers of excess coverage, there are many forceLack of knowledge insufficient to insulate owner from liability under labor law §240
The New York Court of Appeals has recently held that a landlord is strictly liable under New York Labor Law § 240(1) for injuries to a worker, even though the injury- producing work was conducWhat duty is owed by a general contractor?
The Connecticut Supreme Court has recently issued two opinions clarifying the duties owed by a general contractor on a job site. In Pelletier v. Sordoni/Skanska Construction Company, 286 Conn. 563The Stoneridge Decisionâ€â€Curtailing Private Securities Fraud Claims against Secondary Actors (such
On January 15, 2008, the Supreme Court of the United States issued a decision (5-3) in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., et al., which clarified and curtailed the investManaging the heightened preparer liability standards for federal tax preparation engagements
The Small Business and Work Opportunity Act of 2007, enacted on May 25, 2007, made several important changes that broadened and toughened tax return preparer penalties applicable to undisclosed positiNew York case reaffirms defenses in accountant malpractice cases involving misconduct by client’s
In Bullmore v. Ernst & Young Cayman Islands, a New York County Supreme Court justice held that a malpractice claim asserted against the auditor of a failed hedge fund was barred by the fraudulent condCarefully considered engagement letters can reduce the exposure to otherwise untimely accounting mal
Countless articles and lectures addressing risk management for accountants have preached the benefits of carefully tailored engagement letters for all clients. While the accounting professionâBanco Espirito Santo Int’l, Ltd. v. BDO International, B.V. provides new reasons for concern about
To keep pace with the ever-expanding global economy, many accounting firms have joined together in alliances to better take advantage of the opportunities presented in our ever-flattening world. TCourt of Appeals allows automobile accident victims to add vicariously liable leasing and rental com
On June 5, 2008, the New York State Court of Appeals handed down an important decision that is adverse to the interests of companies engaged in the business of leasing and renting automobiles. TheVicarious Liability Law Alert
Automobile leasing companies breathe sigh of relief as Graham v. Dunkley is overturned on appeal Plaintiff’s bar waits for other shoe to drop in U.S. Court of Appeals, 11th Circuit.Product Safety Legislation Update
In the wake of a record-setting year for product recalls and widespread criticism of the U.S. Consumer Product Safety Commission’s ability to protect consumers from dangerous productsThird Circuit Upholds Life Insurer's Right to Approve Reinstatement
Overview In West v. Lincoln Benefit Life Company, 2007 WL 4336192 (3d Cir. 12/13/07), the Third Circuit held that reinstatement of a lapsed life insurance policy is not effective until and unlesSupplemental Update to July 2, 2008 Update
On July 21, 2008, Governor David A. Paterson signed the bill passed by the New York State Legislature effectively eroding the late-notice defense available to insurers under liability policies coverinSubprime Practice Alert
Events in the financial markets over the past few days only underscore the need for competent, proactive counsel. The Subprime and Credit Markets Practice Group at Wilson Elser is a multi-discipliUpdate – New Insurance Legislation Passed in New York
 Prejudice to be required for late-notice coverage defense under certain types of New York policies. Claimants allowed to bring declaratory judgment actions against insurers who disclaim on groundUnited States imposes new sanctions against Iranian carrier and urges marine insurers and reinsurers
On September 10, 2008 the United States imposed economic sanctions on the Islamic Republic of Iran Shipping Lines (IRISL), owned by the Islamic Republic of Iran and reportedly used by the Iranian defeResolving Domain Name Disputes: A Primer
I. Introduction A few years ago, if a child searching for information about Hannah Montana accidentally visited the website Disneychanel.com (as opposed to DisneyChannel.com), the child woulNew York State Court of Appeals finds extra contractual damages against insurers
On February 19, 2008, the New York State Court of Appeals rendered two decisions, both by a 5-2 split, which alter the previous landscape that protected insurers from what were previously termed âMeet The Experts
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