I’ve recently been asked by a couple of clients to explain the concept of subrogation and thought it would be worthwhile to use this forum to provide a brief explanation of what it is and how it works. Dictionaries define subrogation as the substit…
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In early spring of 2019, a home was damaged by fire, nearly a year after the homeowner’s death. The heirs submitted a claim under the homeowner’s policy, which had been issued in the name of the deceased. The insurance carrier denied the claim, c…
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The legal profession has been a trusted source of conflict prevention and resolution for centuries, with the first attorneys in history dating as far back as Ancient Greece and Rome. But there is a growing group of 21st century computer scientists wh…
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Some time ago, a client of mine signed an agreement to sell real estate that he co-owned with his wife. Unfortunately, he failed to consult with her beforehand. When she refused to go along with the sale, my client tried to get out of the deal by arg…
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Force majeure is a French term meaning “superior force.” It is a principle of contract law that excuses a breach of the contract by one of the parties when that breach is caused by some extreme, unexpected, unforeseeable, or unavoidable circumsta…
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Wading into the crowded field of Democratic presidential hopefuls, former New York Mayor Michael Bloomberg faced sharp attacks for his company’s use of non-disclosure agreements (NDAs) to ensure the confidentiality of settled sex discrimination cla…
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Last month, Evan Chall and I wrapped up an arbitration hearing on behalf of a corporate client and several of its key employees. We had been litigating the matter for over a year, and it proved to be one of the rare cases that proceeded all the way t…
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Prenuptial agreements (also referred to as antenuptial agreements) are contracts entered into by a couple before marriage that determine in advance the relative rights of the individuals to assets and support in the event of death or divorce. While i…
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I’d like to expand upon Lee Flaherty’s article from last week by sharing examples from three files that are sitting on my desk as I am writing this. Example 1. We recently helped a client finalize a real estate transaction. One of the documents t…
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Arbitration is a dispute resolution process for resolving conflicts outside of the court system. Like a judge, the arbitrator (or arbitration panel) renders a binding decision at the conclusion of the case. Arbitration has sometimes been viewed as mo…
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