I. INTRODUCTION

In today’s competitive legal market, law firms must be willing to “put skin in the game” by utilizing creative alternative fee arrangements. Indeed, clients have become increasingly dissatisfied with traditional hourly fee arrangements and are now seeking more creative fee a...   MORE>>

I. INTRODUCTION

This article offers a practical resource for managing Uniform Commercial Code (UCC) litigation in light of the greatest wholesale revision to Article 2 since its inception. Specifically, this article identifies the threshold issues in UCC litigation, offers strategies for early mo...   MORE>>

I. INTRODUCTION

One aspect of the increased use of arbitration has recently engendered greater scrutiny and controversy – the use of mandatory pre-dispute arbitration agreements to resolve employment disputes. “A compulsory arbitration agreement is defined as a prospective agreement between e...   MORE>>

I. INTRODUCTION

The problem of determining whether a death was accidental or suicidal frequently arises and is of great importance in coroner’s investigations, insurance claims, and in worker’s compensation proceedings.

In addition, suicide has become an issue in tort actions by survivors ...   MORE>>

I. INTRODUCTION

Most of us have business clients who advertise their goods or services. Suppose one day next week one of your clients calls and advises you that her business has been sued by a competitor who claims to have been tortiously injured as a result of your client’s trademark infringem...   MORE>>

Litigation between professionals and their liability insurers over the last several years has increased, and jockeying for a position over who has the right to settle a professional liability claim has become more complicated. When it comes to the settlement of a third-party claim against the profes...   MORE>>

I. INTRODUCTION

Bad faith claims take many forms. In most cases, they are based either on the insurer’s refusal to accept coverage or on missteps in the handling and defense of the claim, as where an excess verdict results after an insurer fails to settle for within policy limits. Increasingly,...   MORE>>

Summary: In 2005 the Joint Network on European Private Law was entrusted by the European Commission with drafting a Common Frame of Reference (CFR) for European contract law. In the Commission’s own words, the CFR is to be ‘a tool box for the Commission when preparing proposals, both for the exi...   MORE>>

This article explores “the Japanese advantage” in the enforcement of ex ante contract commitments in comparison with the United States, arguing that ostensible convergence of Japanese and United States contract practice in on—going business relationships is based on very different assumptions ...   MORE>>

I. Introduction

The basic concept of “debt” is simple: a specific amount of money is owed by one party to another, whether by contract or otherwise. On a more formal basis, a debt has been defined as the obligation to pay a sum certain or a sum that may be ascertained by simple mathematical c...   MORE>>