INSIGHTS

Thirty-eight years after the January 1986 Space Shuttle Challenger disaster, it remains an event seared into the memories of people of my vintage. I can tell you where I was when I heard the shocking news and saw the shuttle break apart 70 seconds into flight. That ill-fated Challenger mission included star astronaut Christa McAuliffe, who was to teach lessons to kids across the United States from space. But tragedy interceded, and the outcome showed us what can happen when we let optimism, rather than the facts, drive

I recently joined David Pryce, a Senior Partner at UK-based Fenchurch Law, for a lively discussion of GLG’s precedent-setting insurance coverage case, South Capitol Bridgebuilders v. Lexington Insurance Company. This victory on behalf of our policyholder client was the first-ever court decision to address the London Engineering Group’s LEG3 endorsement found in many builders risk policies, confirming that the popular endorsement provides coverage for physical damage caused by the insured’s defective workmanship, design, or materials. During the webinar, David Pryce and I talked through several issues related to

Mediation is now a critical part of virtually every business dispute. In fact, the ABA’s recent Tort Trial & Insurance Practice Section Conference dedicated two sessions to the topic. A common theme in each presentation was the important role that pre-work plays in the potential success of the mediation. There are many ways to approach mediation—from a “double blind” model to a more direct method in which the parties interact with each other. The merits of each will vary depending on the parties involved and the details of

General contractors buy insurance and enter into indemnity agreements with subcontractors to control the risk associated with their projects. Based on our experience fighting for policyholders, we’ve identified five reasons an insurer might deny your claim, along with steps you can take to help make sure you get the full benefit of your risk-shifting agreements. Untimely Notice: Why Give the Insurer an Excuse to Deny Your Claim? It hurts to be invited late to the party. The same is true when you’re inviting your insurer to the litigation

It is safe to say that virtual coffees and cocktails are inadequate substitutes for the real thing, and we cannot wait to resume in-person meetings. But serving clients remotely throughout the pandemic has challenged us to adopt new tools and approaches, some of which have improved the process of serving our clients. When we retire our covid couture (aka sweatpants), let’s not lose sight of the lessons learned over the last year. Here are some of the changes we hope to make permanent: Virtual Meetings Conducting necessary meetings

As an attorney who regularly represents clients in high-stakes litigation, my clients look to me to argue their cases. Clients generally perceive advocacy as argument. But in my 31 years as a trial lawyer, I have learned that careful listening is the key to effective argument. The starting point is listening and learning from the client about her concerns and objectives. Effective advocacy also requires listening — and, critically, hearing — the other side. The focus should not be on the fight but, rather, on the resolution. Organizational

One of the hardest parts of my job is advising a client who has gotten stuck. Maybe they made a bad business decision a few years back but can’t admit it to themselves. Or maybe a once-successful approach is no longer working but “escalation of commitment” — the business school term for holding on too long to a strategy that was once successful — is a barrier to making appropriate adjustments. Legal practice is far from immune to escalation of commitment. Throughout my career, I have seen too