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Certain entities (“Petitioners”) provided Respondents with advice to minimize taxes from the sale of their company.  See Arthur Andersen LLP, et al. v. Carlisle, et al., 129 S.Ct. 1896 (May 4, 2009).  As part of the tax shelter that was ultimately created to accomplish this goal, certain Respondents entered into investment-management agreements with Bricolage Capital LLC, which specified that “[a]ny controversy arising out of or relating to [the agreements] or the breach thereof, shall be settled in arbitration conducted in New York, New York.” 

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Read More U.S. Supreme Court Finds that a Nonsignatory to an Arbitration Agreement May Invoke Section 3 of the FAA to Stay an Action in Favor of Arbitration, and is Entitled to an Interlocutory Appeal of an Order Denying Such a Motion

On Thursday, May 28, 2009, it was announced that Eric Dinallo, Superintendent of the New York State Insurance Department (“NYSID”), intends to resign effective as of July 3, 2009.  Dinallo has accepted a position as a visiting professor at New York University’s Stern School of Business. …
Read More New York Insurance Superintendent Eric Dinallo Resigns

The United States International Trade Commission recently released its report Property and Casualty Insurance Services: Competitive Conditions in Foreign Markets.  In preparing its report, drafted at the request of the United States Trade Representative of the Office of the President of the United States, the USITC reviewed non-tariff restrictive measures in 72 countries. …
Read More United States International Trade Commission Releases Report: Property and Casualty Insurance Services: Competitive Conditions in Foreign Markets

Edwards Angell Palmer & Dodge is delighted to announce that it will again this year host a half-day seminar which will be repeated in Bermuda, New York and Boston. …
Read More Edwards Angell Palmer & Dodge Half-day CLE Insurance & Reinsurance Seminars – June 2009

On February 12, 2009, House Representative Henry “Hank” Johnson (D-GA) re-introduced legislation relating to the Federal Arbitration Act, which is now called the Arbitration Fairness Act of 2009.  In June 2008, we first reported on the initial introduction of this legislation, the Arbitration Fairness Act of 2007 (click here for previous post). …
Read More Proposed Senate Bill Seeks to Enact Significant Changes in Arbitration

A trial involving claims that the U.S. Army Corps of Engineers was negligent in its maintenance of the Mississippi River Gulf Outlet began recently in Louisiana federal court.  (for a prior blog post regarding these claims, please click here).  The non-jury trial, in which Judge Stanwood Duval, Jr. will preside, is expected to last approximately four weeks. …
Read More Significant Hurricane Katrina-Related Trial Under Way in Louisiana Federal Court

Edwards Angell Palmer & Dodge attorney Machua Millett will participate in the Brickell Avenue Business Interruption and Energy Conference in Miami from Wednesday June 10, 2009 to Friday June 12, 2009.  The conference will include 12 seminars on various aspects of business interruption risk management and claims handling in the energy context, including the role of outside counsel, forensic accountants, expert consultants, loss adjusters and metallurgists. 

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Read More Brickell Avenue Business Interruption and Energy Conference