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A New Dimension to Asbestos-Related Bankruptcies?
A recent jury verdict in California threatens to break wide open the uneasy issue of aggregated insurance payments in asbestos litigation. Fuller-Austin Insulation Co. v. Fireman's Fund Ins. Co., et al., No. BC 116835 (Calif. Super. Los Angeles Co.). Its ramifications, however, reach far beyond insurance coverage litigation into every asbestos-related or mass tort bankruptcy.
Fuller-Austin
Handling insurance and asbestos-related claims in a bankruptcy case has always been controversial. In 1989, a Pennsylvania bankruptcy court applied the still accepted principle that bankruptcy courts lack authority to alter material terms of contractual relationships in the context of bankruptcy cases. In re Amatex, 97 B.R. 220 (Bankr. E.D. Pa. 1989), aff'd sub nom., Amatex Corp. v. Stonewall Ins. Co., 102 B.R. 411 (E.D. Pa. 1989), aff'd, 908 F.2d 964 (3rd Cir. 1990. In ruling that Amatex could not use the Bankruptcy Code to alter material terms of contractual relationships, the court denied Amatex's request to require its insurers to make lump sum payouts to the debtor for distribution to all present and future asbestos-related claims.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?