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Update on Climate Risks and Insurer Responses
The risks posed by global warming have become a priority for both political and business leaders worldwide. Corporate policyholders and their insurers are facing new disclosure obligations and compliance costs as well as potential first-party losses and third-party liabilities resulting from climate change. This article provides an overview of recent developments of particular interest to corporate policyholders.
The Changing Regulatory Landscape
In April 2007, the U.S. Supreme Court held in Massachusetts v. EPA, 549 U.S. 497, 532 (2007), that greenhouse gases (“GHGs”) are air pollutants covered by the Clean Air Act. In its opinion, the Court stated that the U.S. Environmental Protection Agency (“EPA”) must determine whether emissions from motor vehicles threaten the public health and welfare (known as an “endangerment” finding), or alternatively, conclude that the science is too uncertain to make a reasoned decision. Id. at 534. In April 2009, the EPA released a proposed endangerment finding that the current concentration of six key GHGs ' carbon dioxide, methane, nitrous oxide, hydro fluorocarbons, per fluorocarbons, and sulfur hexafluoride ' in the atmosphere “threaten[s] the public health and welfare of current and future generations.” See Overview of EPA's Endangerment Finding, April 17, 2009, available at http://epa.gov/climatechange/endangerment.html. This finding does not itself impose any new compliance obligations, but lays the groundwork for legislative and regulatory action.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.