I Thought My Insurance Would Cover This. What’s This Letter From The Insurance Company?

You buy insurance to protect your business (or you, personally) from claims—to hire a lawyer to defend you and to pay damages, if any, for claims covered by your policy. A claim arises. You notify your insurer and believe the claim will be handled. Then, you receive a letter from your insurer, indicating the insurer is investigating the claim and will hire a lawyer to defend you—but it is reserving its right to change its mind—meaning that it can decide later to stop paying the lawyer or to refuse to pay the claim. You have received a “Reservation of Rights” letter (“ROR” letter). Click Here for the full article.

Dissenters’ Rights: Litigating “Fair Value”

There is a general feeling among transactional lawyers that corporate shareholders are becoming more and more likely to assert their right to “dissent” from a corporate transaction and liquidate their shares. While it is hard to prove or disprove whether this feeling is accurate, it is nevertheless useful to understand the nature of the right to dissent and to examine some of the issues these claims present in litigation.