|
| 06.22.10 | Access to Insureds’ Privileged Communications via Cooperation Clauses
American Bar Association The Brief
Christopher D. Mickus, Patrick Frye
Abstract: Sometimes an insured must share its privileged communications with its insurer even if the insurer intends to use that information against it. Most insurance policies have a so-called "cooperation" clause that imposes on the insured a duty to cooperate with the insurer. In the course of determining and even litigating whether an insurer owes its insured coverage, the insurer may demand that the insured hand over its privileged communications. Often, the insured refuses. Whether an insured must share this privileged information ought to entirely depend on the precise wording of the cooperation clause, and a court need not—and ought not—stray beyond the wording of that clause to determine whether the insurer has contracted for access to the insured’s otherwise privileged communications. Neal Gerber Eisenberg Litigation Practice Group members Christopher D. Mickus and Patrick Frye co-authored this article.
|
|
| 06.21.10 | The GRAT’s Last Act? Proposed Legislation and Low Rates Require Another Look at GRATs
Lawrence I. Richman, Martin H. Tish, Eric N. Mann, Michael C. Diedrich, Lauren A. Geoffrey
Abstract: On June 15, 2010, the U.S. House of Representatives passed the “Small Business Jobs Tax Relief Act of 2010” (H.R. 5486), which would restrict the use of grantor retained annuity trusts (“GRATs”) by requiring (1) a 10-year minimum term and (2) a taxable gift upon formation. These limitations are identical to those proposed in the “Small Business and Infrastructure Jobs Tax Act of 2010” (H.R. 4849) passed in March, which received no Senate action. |
|
| 06.17.10 | FCC Cross-Ownership Fog Impedes Media Restructurings
Dow Jones DBR Small Cap
Nicholas M. Miller, Kenneth R. Yager II, MorrisAnderson Chicago
Abstract: Turnaround professionals dealing with industries in fundamental decline ordinarily focus on a company’s strengths and attempt to form strategic alliances to access new markets. For example, the Timken Company, which originally manufactured roller bearings for 19th century horsedrawn wagon wheels, adapted to secular changes in the wagon and carriage industry by applying its roller bearings to a much wider range of products. This allowed Timken to not only survive, but also develop into the Fortune 500 Company that it is today. Neal Gerber Eisenberg Financial Restructuring and Bankruptcy Practice Group partner Nicholas M. Miller co-authored this article. |
|
| 06.16.10 | Can Lack of Knowledge Still Prevent a Finding of Induced Infringement?
Mike R. Turner
Abstract: Courts have long struggled with legal claims and defenses that involve an element of intent, and clear statements of what must be shown to prove state of mind are rare. The Federal Circuit is not immune to this struggle, as evidenced by the many conflicting opinions it has produced over the years on the various intent questions within its purview. While many issues remain without clear direction, the Court has recently addressed a few intent requirements en banc, thereby providing precedential guidance going forward. Neal Gerber Eisenberg Intellectual Property Practice Group member Mike R. Turner authored this article. |
|
| 06.16.10 | The Future of the Corroboration Requirement in Patent Law
University of Illinois Law Review
Mike R. Turner |
|
