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Contaminated Food Scares Raise Myriad Insurance Issues
Three instances of contaminated food with potentially wide-ranging impacts have received national media attention in the past six months.
In September 2006, the U.S. Food and Drug Administration ('FDA') issued an alert regarding an outbreak of spinach contaminated by E. coli bacteria (FDA Release #P06-131, Sept. 14, 2006). The FDA reported that, as of Sept. 26, 2006, 183 cases of illness in 26 states due to E. coli infection were reported to the Centers for Disease Control and Prevention ('CDC'), with 95 hospitalizations and one death. Five lawsuits reportedly were filed by one law firm in Washington state. Food suppliers in Oregon, Washington, California, and New Jersey undertook five recalls, impacting sales in numerous states and, in some instances, internationally. These recalls not only affected packaged spinach, but also processed food such as salad mixes and frozen pizza. FDA Release #P06-146, Sept. 26, 2006.
In December 2006, a second outbreak of E. coli contaminated food arose at Taco Bell restaurants in the Northeast. National Public Radio reported that three-dozen people in New Jersey, New York, and Pennsylvania were sickened and nine were hospitalized. National Public Radio, All Things Considered, 'E. Coli Forces Taco Bell to Pull Green Onions,' (Dec. 6, 2006). Taco Bell originally suspected that the source of the E. coli contamination was green onions, and it removed green onions from 5800 restaurants around the country. Taco Bell also closed many of its stores in the region. Id. After Taco Bell destroyed the green onions, it was subsequently determined that the source of the E. coli contamination was lettuce. FDA Release #P06-201, Dec. 14, 2006.
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?