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Terrorism and the Pollution Exclusion
The unfortunate events of Sept. 11, 2001 gave rise to myriad insurance and tort litigations of all types and descriptions. Included was one of the largest series of mass tort cases in U.S. history arising from the cleanup after Sept. 11. While recently settled in major part, remnants and offshoots of those cases remain pending before the federal courts in New York.
One of the many insurance issues that were born of that disaster concerned the interplay between the absolute pollution exclusion, which is contained in many of the commercial general liability and excess insurance policies issued to defendants in the underlying personal injury actions, and the disbursement of contaminants into the air caused by the destruction of two massive buildings. On the one hand, defendants sought to have their commercial insurance policies defend and, if necessary, indemnify them for the personal injury claims brought by rescue, recovery and cleanup workers. On the other hand, insurers with policies containing the pollution exclusion often disclaimed or reserved rights based on that exclusion and other policy provisions.
This article considers whether alleged personal injuries based on exposure to contaminants disbursed because of a terrorist attack are excluded from coverage by the pollution exclusion commonly found in most insurance policies. The article first looks at pollution exclusions generally, and then addresses how a pollution exclusion might relate to personal injury actions arising from acts of terrorism. The article presents both sides of this issue, providing support for and against the proposition that the pollution exclusion precludes coverage for personal injury claims arising from terrorism-related pollution.
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.