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New Guidance on Proof Required in RMBS Cases

Few RMBS cases have gone to trial. As a result, there is little clear guidance concerning the level of proof required to reach or avoid reaching a jury in an RMBS case, especially when the defendant is a trustee. A recent decision by Judge Valerie Ca…

Avoid False Hopes for True Colors

Applying for a trademark is an important step towards protecting a company’s brand so it can gain and maintain market share and profitability. However, too many companies make the common mistake of believing that they have something protectable eve…

Is Loan-by-Loan Proof of Breaches Really Required for all RMBS Claims?

Does the “sole remedy” provision set forth in PSAs require loan-by-loan proof of breaches and preclude the use of loan sampling for all RMBS claims? While case law has for some time been pointing in that direction, a recent holding from the Unite…

How Can a College Athlete Protect His/Her Brand?

In June of 2017, the University of Virginia signed a contract with its Division I athletes, which affords the athletes specific written assurances from he university regarding medical expenses, scholarships, transfer releases, and degree completion.…

Computer Fraud Coverage and Email Spoofing

Medidata Solutions, Inc. v Federal Insurance Co. illustrates the importance of ensuring that businesses have computer fraud coverage, establish and update regularly processes to thwart fraud, and train employees on both those processes and the latest…
Categories: Insurance Coverage

“Promptly” Get Up On Your Roof!

This may come as a surprise to some, but Texans take note: if there is a hailstorm in your area, it is apparently your duty to “promptly” climb up on your roof – or hire someone to do it for you – to check for hail damage. Not physically fit…
Categories: Insurance Coverage

Racial Slur Incident Proves the Value of Social Media in Brand Protection

I’ll be the first to admit that I was slow to recognize the value of social media. I’m now a convert, for a variety of reasons, but a recent story drove home the necessity of a social media presence for a brand in today’s world. According to US…

Investors Seek Class Certification in RMBS Lawsuits

Investors seeking recovery on RMBS claims have had mixed results pursuing their claims in class actions. Recently, an investor in two trusts involving Wells Fargo Bank N.A. as trustee requested class certification in a suit against the bank. Royal P…

The Requirement of a Fully Adversarial Proceeding to Enforce a Judgment Against an Insurer Who Wrongfully Refuses to Defend

What happens when an insurer wrongfully refuses to defend its insured, and the insured assigns its claims against its insurer to the plaintiff? Here’s one possibility: “when an insured and tort claimant enter into an agreed judgment accompanied b…
Categories: Insurance Coverage

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