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Duty to Defend: Johnson Controls' Attempt to Turn Excess Insurance into Primary Insurance
In 1989, Milwaukee-based manufacturer Johnson Controls, Inc. initiated an insurance coverage action against 36 insurance companies seeking defense and coverage for potential environmental liability at various sites located around the country. This suit, which is still ongoing today, has generated a number of significant (and controversial) coverage opinions.
Most recently, in 2010, the Supreme Court of Wisconsin held that an indemnity-only umbrella excess liability policy contained a duty to defend by virtue of “follow form” policy language in the excess liability policy. The Wisconsin Supreme Court further held that the excess carrier's duty to defend was not conditioned upon exhaustion of the primary policy or any of the underlying layers of coverage. These rulings are contrary to the law in other states, and arguably convert low-premium, excess liability policies into primary policies when that clearly was not the parties' intention when the policies incepted.
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.
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.