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26 ALI-ABA Bus. L. Course Materials J. 3 (2002)

handle is hein.ali/bucomatj0026 and id is 1 raw text is: ALI-ABA LA BUSINESS LAW course materials journal VOLUME 26 FEBRUARY 2002 NO. 1 Resolving Environmental Insurance Claims: Key Issues from the Policyholder's Perspective Gita F. Rothschild 5 The existence of coverage for environmental cleanup responsibility under standard general liability insurance policies is now well estab- lished and extensive litigation has defined the general bounds of avail- able coverage. Nonetheless, various unresolved coverage issues im- pede the quick and efficient settlement of many environmental insurance claims. Updated from the Advanced ALI-ABA Course of Study Environmental Insurance: Past, Present, and Future, June 14-15, 2001. ERISA Enforcement of Nonqualified Executive Compensation Arrangements Susan Katz Hoffman 21 When reviewing nonqualified executive compensation arrangements, carefully consider the applicability of the Employee Retirement Income Security Act of 1974 (ERISA). For the employer, characterization as an ERISA plan means limited liability, but also reporting, disclosure, and possible vesting and funding obligations. A non-ERISA plan is subject to state law. This may mean consequential damages, punitive damages, jury trial, and personal liability. Updated from the ALI-ABA Course of Study Advanced Law of Pensions, Welfare Plans, and Deferred Compensation, July 9-13, 2001. Section 363 Issues-Acquiring Troubled Companies and Assets (Part 1) Honorable Barbara J. Houser and Douglas Wade Carvell 35 Buyers of bankruptcy assets must be concerned that an offer, even after being accepted by the debtor, might not be acceptable to the bankrupt- cy judge. Moreover, a buyer must worry that a another purchaser will bid based on its due diligence and pending offer. Updated from the ALI-ABA Course of Study Section 363 Issues: Acquiring Troubled Companies and Assets, July 26-28, 2001. Articles and Forms Online. Back issues, individual articles, and forms are also available there. The ALI-ABA Business Law Course Materials Journal (ISSN: 0145-6342) is published bimonthly by The American Law Institute-American Bar Association Committee on Continuing Professional Education. Publication office: 4025 Chestnut Street, Philadelphia, PA 19104-3099. Editorial telephone - (215) 243-1604; circulation telephone - (215) 243-1644. Subscription rate: $45 per year. A single issue is $10, plus $.96 for postage and handling. Periodicals postage is paid at Philadelphia, PA and at an additional mailing office. POSTMASTER: Send address changes to ALI-ABA Business Law Course Materials Journal, 4025 Chestnut Street, Philadelphia, PA 19104-3099. Visit ALI-ABA's Home Page on the World Wide Web at http'//www.ali-aba.org. Need to find out what we've published on important topics in past issues of our magazines? Check out our articles database at www.ali-aba.org/aliaba/sarticles.htm The object of the ALI-ABA Business Law Course Materials Journal is to publish materials useful to lawyers. All views or conclusions are those of the authors and not of the Editorial Staff or the sponsors of the Journal. Copyright © 2002 by The American Law Institute. ALI-ABA Business Law Course Materials Journal: Mark T. Carroll, Editor; Philip M. Manley, Assistant Editor; Herb Powell, Art Director; Joseph Mendicino, Circulation Manager; Kathleen H. Lawner, Advertising Director The American Law Institute- American Bar Association Committee on Continuing Professional Education Robert E. Hirshon, Chair Michael Traynor, Vice Chair Jacqueline Allee * Austin G. Anderson LaRonda D. Barnes * Edward R. Becker Tom Bolt * Bennett Boskey * Paul J. Bschorr Alfred P. Carlton, Jr. - JoAnne A. Epps Phoebe A. Haddon * D. Brock Homby Theodore A. Kolb * A. Leo Levin Lance Liebman * Scott D. Makar Susan R. Martyn - Karen J. Mathis John H. Morrison * Peter J. Neeson Joseph J. Ortego * Pamela D. Perdue Sherwin P. Simmons * Wm. Reece Smith, Jr. Mervin M. Wilf Richard E. Carter, Executive Director

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