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Avoiding the Sand Trap: Silica Liability and the Premises Owner
Many landlords have commissioned refurbishing or cleaning that involved sand blasting, concrete cutting, or masonry drilling on or at a building that remained in use. Some have leased premises to tenants that engage in these activities or that engage in production steps that include sanding, blasting, or scouring. There are special concerns about these activities that landlords should address, and this article explains why.
There was once a time when landlords and tenants had no concern about whether asbestos had been used on their premises. Even when asbestosis litigation started cropping up, it did not initially appear to be a matter of concern for commercial real estate businesses. Instead, it seemed to be a remote problem as that wave of litigation preliminarily struck shipyards and other industrial operators that employed workers having the highest levels of exposure. In hindsight, however, we know all too well how widely the scope of potential liability expanded to have an enormous impact in the commercial real estate business world. Lessons learned from that history should be applied now by landlords and tenants to minimize potential future exposure to silicosis claims.
Over the last decade, the plaintiffs' bar has demonstrated increasing interest in silicosis litigation. Whether prompted by the dwindling pool of asbestos plaintiffs, tort reform trends targeting other areas, or natural entrepreneurship, there is a resurgence in silicosis claims that bears no relationship to any growth of silicosis as an industrial disease.
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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?