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Libeling Lawnmowers
Is it possible to defame an inanimate object such as a plane, or a house, or a painting? Surprisingly, the answer to this question is 'yes.' This sort of claim, which is generically captured by the designation 'commercial disparagement,' has, on occasion, been pursued successfully at trial involving 'hard' assets and can even be employed when the damages are more prospective than actual. The tort falls generally within the penumbra of libel and slander-related claims, but has been overshadowed by the more commonly recognized types of claims asserted against individuals or corporate entities rather than tangible objects. Commercial disparagement claims, when understood, are a useful line of defense to an asset owner ' as well as a hazard for those unaware of the claim's contours.
The Restatement of Torts on Commercial Disparagement
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.