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Insurance Coverage & Recovery

Risky Business: A litigator’s perspective on insurance coverage gaps

MCC: In terms of risk management, what are some of the emerging issues that corporations are facing? Schouest: Given the global economy and its dependence on technology, cyber risk is obviously one important issue on the risk management side. Utility services interruption is another big area,...

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Litigation

Supreme Court Trues Up False Claims: Recent decision limits impact of wartime suspension and first-to-file bar on FCA suits

On May 26, 2015, the Supreme Court ruled on two significant questions impacting FCA claims – (1) whether the Wartime Suspension of Limitations Act (“WSLA”) tolls the statute of limitations in civil FCA cases during times of war; and (2) whether a first-filed case is still deemed...

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Litigation

The Many Facets of the Attorney-Client Privilege in Mergers and Acquisitions

It may be that enough has been written about the holdings in Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLP, 80 A.3d 155 (Del. Ch. 2103) (herein, “Great Hill”) and Tekni-Plex, Inc. v. Meyner & Landis, 89 N.Y.2d 123 (N.Y. 1996) (“Tekni-Plex”). But,...

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