A column from the New York Law Journal delves into the scope of UCC Article 9 with a focus on virtual currencies. The piece touches upon the continuing efforts of The American Law Institute and the Uniform Law Commission to update the Uniform Commercial Code in this ever-changing commercial world.
As the Revolving Door Turns: Government Lawyers Entering or Returning to Private Practice and Conflicts of InterestDouglas R. Richmond
Government lawyers regularly leave public service for private law practice — often through the same revolving door that launched their public careers. The law firms they join or to which they return welcome them because of the experience they gained, and the expertise they developed, while in the government. The challenge for former government lawyers and their law firms is recognizing and managing conflicts of interest that sometimes arise out of lawyers’ government service.
Tort law consists of multiple doctrines governing the assignment of liability and the calculation of damages. But in what sequence should courts apply these doctrines? Does it matter, for example, whether a court applies comparative fault before or after mitigation of damages?
Samuel Estreicher, Rex Heinke and Jessica Weisel delve into an upcoming arbitration case before the Supreme Court of the United States that “asks the Court to resolve a circuit split over the role, if any, that federal courts should play in facilitating discovery in foreign arbitrations.”
In this video, Teresa Wilton Harmon, Marsha E. Simms, Steve O. Weise, Neil B. Cohen, and Troy A. Mackenzie discuss how the Uniform Commercial Code has promoted safe, predictable, reliable commerce for businesses and consumers throughout the United States.
Infected Judgment: Problematic Rush to Conventional Wisdom and Insurance Coverage Denial in a PandemicJeffrey W. Stempel and Erik Knutsen
The COVID-19 pandemic created not only a public health crisis but also an insurance coverage imbroglio, prompting near-immediate business interruption claims by policyholders impacted by government restrictions ordered in response to the pandemic. Insurers and their representatives “presponded” to the looming coverage claims by quickly moving to denigrate arguments for coverage, engaging in a pre-emptive strike that has largely worked to date, inducing too many courts to rush to judgment by declaring—as a matter of law—that policy terms such as “direct physical loss or damage” do not even arguably encompass the business shutdowns resulting from COVID-19.