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Recent Developments from Around the States
Workers' Compensation Awarded to Deceased Employee's Family in Unsolved Murder Case
The Indiana Court of Appeals has held that workers' compensation can be awarded under the state's workers' compensation positional risk doctrine where an employee is murdered during the course of employment and that murder remains unsolved. Manous LLC v. Manousogianakis, 824 N.E.2d 756 (Ind. App. Mar. 31).
Christos Manousogianakis was found dead of a gunshot wound to the head at his place of employment, the Mayberry Cafe in Elkhart, IN. Upon finding his dead body, his wife, another cafe employee, also discovered that a cabinet in his office had been broken into and that $1000 in coins were missing. A single member of the Workers' Compensation Board held that because Manousogianakis was murdered in the course of employment and that his death resulted from a “neutral,” rather than a personal, risk, his family was entitled to workers' compensation benefits under the state's positional risk doctrine. After the full board affirmed this decision, the employer appealed, asserting that this doctrine was only applicable to cases involving unexplained slips and falls and that there was insufficient evidence to establish the deceased's family's entitlement to benefits.
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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?