By Christopher Casey
, Joshua Wolson
Teddy Roosevelt, the original trust buster, "spoke
softly and carried a big stick." Modern day trust busters
wield two big sticks: public and private enforcement of the
By Penny Ellison
"Sue, settle and move on to the next suit." That is how one federal judge in California described the "modus operandi" of a wheelchair-bound man who had brought no less than 156 ADA lawsuits in just the past year, all with the aid of the same law firm. For nearly 15 years, disabled individuals have been able to bring private lawsuits seeking an injunction to require a business that is open to the public to take reasonable actions to remove barriers to access for the disabled.
The E-Commerce boom and subsequent shake-out left a lot of broken.com’s in its wake. Regardless, since "E-Commerce" is here to stay, coverage counsel will increasingly be called upon to resolve novel disputes under both traditional insurance policies and recently packaged insurance products, particularly in the area of software sales and service. Many of these products will be errors and omissions policies written on a claims-made basis.