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Case Briefs
Massachusetts Court Weighs In on TCPA Coverage Debate
The Supreme Judicial Court of Massachusetts, applying New Jersey law, issued an opinion finding that insurers had a duty to defend and indemnify a policyholder against class action claims arising under the Telephone Consumer Protection Act ('TCPA'), 47 U.S.C. '227 (2000). Terra Nova Insurance Co. v. Fray-Witzer, et al., No. SJC-09801, 2007 WL 1966161 (Mass. July 10, 2007).
The policyholder purchased a database containing 60,000 Massachusetts fax numbers and then provided the numbers to a telemarketing company that sent out approximately 360,000 fax advertisements over the course of 18 months. A recipient of the unsolicited fax advertisements, representing a class of litigants, filed a class action complaint against the policyholder, alleging violation of the TCPA. The policyholder was insured by two different carriers during the relevant time period. Both policies, under Coverage A, provided liability coverage for 'bodily injury and property damage' caused by an 'occurrence,' defined as 'an accident, including continuous or repeated exposure to substantially the same general harmful conditions.' Under Coverage B, both policies provided coverage for 'personal and advertising injury liability' caused by 'oral or written publication of material that violates a person's right of privacy.' One of the policies excluded coverage for personal or advertising injury if the policyholder had knowledge that the act would cause injury or if the injury arose out of a criminal act. The other policy similarly excluded coverage for willful violations of a penal statute and for punitive and exemplary damages.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?