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The Devil in the Details: The Great Significance of the Jurisdiction and Choice of Law of a Contract
Choosing the jurisdiction and applicable law for disputes arising out of an insurance or reinsurance contract may be secondary to sorting out the actual terms of coverage, but the importance of the choice should not be underestimated. A good lesson in the different approaches of even mainstream insurance jurisdictions can be had by looking at the experience of the insurers embroiled in the film finance saga, which has kept banks, insurers, reinsurers, and the courts worldwide busy for the last seven years.
Many of the disputes that arose out of the underwriting of film finance risks related to the operation of various waiver clauses, which had been inserted in insurances by the lending banks with the aim of denying insurers their usual rights in the event of nondisclosure or misrepresentation by the banks or their brokers. Questions about the validity and scope of those waiver clauses came before the English, New York, Australian, and French courts. Although not all of these gave final determinations, we discuss below how these courts did or would have approached the issue of the effect of these clauses.
The English Approach
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.