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Insurance Coverage for Antitrust Claims
Many insureds face claims of antitrust violations, anticompetitive conduct, unfair competition, and theft of trade secrets. Too often these businesses fail to consider that they may have a very valuable asset to protect them against the expense, and any settlements or judgments, incurred in such lawsuits ' their comprehensive or commercial general liability (“CGL”) insurance policies.
Coverage Under CGL Policies
Standard form CGL policies long have covered claims asserting “personal injury” and “advertising injury.” CGL policies typically obligate insurance carriers to pay “those sums that the insured becomes legally obligated to pay as damages because of 'personal and advertising injury.' …” Commercial General Liability Insurance Policy Form, 'I, Coverage B, ' 1.a (ISO Properties, Inc. 2000). The policies also typically obligate carriers to “defend any 'suit' seeking those damages.” Id. “Personal and advertising injury” is defined to include the “offenses” of “[o]ral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services … ,” “[t]he use of another's advertising idea in [the insured's] advertisement,” and [i]nfringing upon another's copyright, trade dress or slogan in [the insured's] advertisement.” Id. 'V, ' 14.
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?