Defense Counsel Journal

This publication provides topical and scholarly writings on the law, including its development and reform and the practice of law in the civil defense and insurance fields.

Articles from Vol. 75, No. 3, July

Brief Review of the Follow-the-Settlements Doctrine in the United States
April 2008 Reinsurance, Excess and Surplus Lines The follow-the-settlements doctrine is a powerful tool available to cedents when seeking indemnity from reinsurers. This doctrine obligates reinsurers to indemnify cedents for any payments the cedent...
Read preview Overview
Collapse Coverage: The Conundrum Continues
THE SAME WORD can have a different meaning depending on where you live. Ask for a "pop" in the Midwest and you will receive a soda. Make the same request in the northeast, however, and you may receive something entirely different. So too, the word...
Read preview Overview
Conning the IADC Newsletters
International Association of Defense Counsel committee members prepare newsletters on a monthly basis that contain a wide range of practical and helpful material. This section of the Defense Counsel Journal is dedicated to highlighting interesting topics...
Read preview Overview
Enforcing U.S. and Other Foreign Judgments in Australia - What Are the Rules?
THE UNITED STATES of America is Australia's biggest trade and investment partner (the value of two way trade between the two nations was valued at U.S. $21.2 (A$33.5) billion in 2006) and there are currently 300,000 Australians living and working in...
Read preview Overview
IADC Tenets of Professionalism
The International Association of Defense Counsel is aware that applicable rules or codes of professional responsibility generally provide only minimum standards of acceptable conduct. Since we aspire to the highest ideals of professionalism, we hereby...
Read preview Overview
IADC Tenets of Professionalism
The International Association of Defense Counsel is aware that applicable rules or codes of professional responsibility generally provide only minimum standards of acceptable conduct. Since we aspire to the highest ideals of professionalism, we hereby...
Read preview Overview
Importing Products: Legal Risks and Defense Strategies
THE YEAR 2007 may go down as the year of the recall. Companies recalled products ranging from tires to toothpaste to electrical products. (1) Recalls involving lead paint in children's toys garnered particular attention, due in large part to their...
Read preview Overview
Mortgagee Clause Claims in the Subprime Fallout
THE SUB-PRIME lending fallout has had a ripple effect on the financial markets. A key result has been homeowners abandoning their homes and the resulting increase in foreclosure proceedings. Increased foreclosures have forced many more lenders to pursue...
Read preview Overview
Reviewing the Law Reviews
Law Review Highlights: Arbitration and mediation continue to be methods for compromise that courts and parties use to avoid costly and time-consuming litigation. Two articles address different aspects of arbitration, and one article discusses court-mandated...
Read preview Overview
Succession Plans! Be Prepared for the Unexpected
"Old age takes away from us what we have inherited and gives us what we have earned." --Gerald Brenan I have now spent 14 years in this profession of law, a profession I deeply love and respect. It is my sincere hope and desire that I continue...
Read preview Overview
There's a New Sheriff in Town: European Commission Investigations Prompt U.S. Antitrust Class Action
What was once as American as apple pie is now almost as ubiquitous around the world as McDonalds: antitrust enforcement. In Germany, the United Kingdom, Japan, Australia, South Korea and elsewhere, there is no doubt that antitrust enforcement has...
Read preview Overview
The Unforgiving Minute
If you can fill the unforgiving minute With sixty seconds' worth of distance run, Yours is the Earth and everything that's in it, And--which is more--you'll be a Man, my son! These last few lines from Rudyard Kipling's immortal poem, If,...
Read preview Overview
The Unsignaled Intersection at 26 & 45: How to Safely Guide Third Parties across the E-Discovery Superhighway
BY NOW, we've all been there--and all too often. An enterprising personal injury lawyer, a sophisticated mass tort lawyer, or highly skilled corporate counsel unleashes upon your client one of the newest and arguably most powerful weapons in the modern...
Read preview Overview
The Vioxx Litigation: Disincentivizing Patient Safety through Misdirected Tort Rules
THOUGH MANY believe that the tort system provides the best incentive for manufacturers to promote and manufacture their products safely, (2) the Vioxx litigation proves that the tort system can act as a disincentive against manufacturer transparency,...
Read preview Overview