Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Case Briefs
Illinois Supreme Court Finds Duty to Defend TCPA Action under Advertising Injury Coverage
In Valley Forge Ins. Co. v. Swiderski Electronics, Inc., No. 101261, 2006 WL 3491675 (Ill. Nov. 30, 2006), the Illinois Supreme Court became the first state supreme court in the nation to rule on advertising injury coverage for a suit under the Telephone Consumer Protection Act ('TCPA'), 47 U.S.C. '227. Deciding an issue that has divided courts around the country, the Illinois court held that two insurers owed a duty to defend a TCPA action under their advertising injury coverage for suits alleging 'publication of material that violates a person's right of privacy.'
According to the court's opinion, 'The TCPA makes it 'unlawful for any person within the United States ' to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine.' ' The Act creates a private right of action that permits recipients of unwanted fax advertisements to seek injunctive relief and damages, and treble damages may be awarded if a court finds that the sender of a fax acted 'willfully and knowingly.”
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?